Title IX Complaint Process

Upon receipt of a complaint, or notice to the Title IX Coordinator, of an alleged violation of the policy, the University initiates a prompt initial assessment to determine the next steps the University needs to take. Below is a comprehensive explanation of the formal grievance process.

1. Initial Response to Complainant
   The University’s initial response to the Complainant includes promptly contacting the Complainant to offer supportive measures, to explain the process for filing a formal complaint, and/or to request additional information.
2. Initial Assessment
   The Title IX Coordinator will assess the alleged conduct in the report to determine whether the alleged conduct, if true, would constitute sexual harassment, discrimination and/or retaliation as defined in WSU Policy 3.06. If the alleged conduct falls within WSU Policy 3.06, the Title IX Coordinator will work with the Complainant to determine how the Complainant wishes to proceed under WSU Policy 3.06: (i) to forgo filing a Formal Complaint (ii) to request supportive measures; (iii) to file a Formal Complaint and pursue an Informal Resolution Process; or (iv) to file a Formal Complaint and pursue the Hearing Process.
   
   If the alleged conduct does not fall within WSU Policy 3.06 and does not trigger the grievance process, the Title IX Coordinator will inform the Complainant of other resolution options or other applicable University policies.
3. Response to Respondent
   The Title IX Coordinator will notify a Respondent when action is taken that impacts the Respondent directly, such as instituting supportive measures to the Complainant that restrict the Respondent’s privileges or access to campus or upon the filing of a Formal Complaint. Once a Respondent is notified by the Title IX Coordinator about the allegations raised against the Respondent under Policy 3.06, the Title IX Coordinator will offer to meet with the Respondent to review available supportive measures. The Title IX Coordinator will discuss the grievance process and answer any questions.
   
   However, depending on the circumstances and the Complainant’s wishes, the Respondent may not be notified of a report of alleged conduct addressed under policy or the outcome of the Title IX Coordinator’s initial assessment of the allegations.
4. Supportive Measures
   The University will offer and implement appropriate and reasonable supportive measures to the parties upon notice of alleged harassment, discrimination and/or retaliation.
   
   Supportive measures are non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the parties to restore or preserve access to the University’s education program or activity, including measures designed to protect the safety of all parties or the University’s educational environment, and/or deter harassment, discrimination, and/or retaliation.
   
   The University will maintain the privacy of supportive measures, provided privacy does not impair the University’s ability to provide supportive measures. The University will act to ensure the parties experience as minimal an academic impact as possible. The University will implement measures in a way that does not unreasonably burden the other party.
   
   Supportive measures may include, but are not limited to:
   1. Referring to counseling, medical, and/or other healthcare services
   2. Referring to the Employee Assistance Program (EAP)
   3. Assisting with visa and immigratio
   4. Counseling for student financial aid
   5. Referring to community-based service providers
   6. Altering campus housing assignment(s)
   7. Altering work arrangements for employees or student-employees
   8. Preparing a safety plan
   9. Providing campus safety escorts
   10. Supporting no contact orders between the parties
   11. Providing academic support, extensions of deadlines, or other course/program-related adjustments
   12. Issuing a University No Trespass Notice
   13. Issuing timely warnings
   14. Modification of class schedule, withdrawals, or leaves of absence
   15. Increasing security and monitoring of certain areas of the campus
   16. Any other actions deemed appropriate by the Title IX Coordinator
       
       

   Right to an Advisor

   The parties, under the U.S. Department of Education regulations applicable to Title IX, are required to participate in cross-examination during the hearing conducted by the parties advisors. The parties are not permitted to directly cross-examine each other or any witness.

   The parties may choose their own advisor (who may be an attorney) during the grievance process and/or resolution. If a party does not have an advisor for a hearing, the University will appoint a trained advisor for the limited purpose of conducting cross-examination.

5. Investigation
   If the Complainant wishes to proceed with a formal investigation, the Title IX Coordinator will assign a trained investigator to provide a prompt, thorough, reliable, and impartial investigation. The investigator will interview the Complainant, Respondent and witnesses.  The parties will have an opportunity to provide any supporting documentation (text messages, Instagram/Snapchat screenshots, social media message etc.) to the investigator.
   
   The investigator will prepare an investigative report, and the parties and their advisors will have an opportunity to review and respond to the report.
   • Information about the investigative process

   Standard of Evidence

   The University uses a preponderance of evidence standard. The Decision-Makers consider whether, based on the evidence provided, it is more likely than not that a violation occurred.

6. Live Hearing
   A hearing panel (Decision-Makers) includes one chair and two panel members. The hearing panel has the authority to hear and make determinations on all allegations of harassment, discrimination, and/or retaliation and any additional alleged policy violations that occurred in connection with the underlying harassment or discrimination matter. Hearings will take place over Zoom, Teams or another live-stream format. The hearing will be recorded.
   
   Participants at the hearing will include the Investigator, Complainant, Respondent, advisors, and witnesses.  The parties may make opening and closing statements. Only advisors may cross examine/question the Investigator, the other party and witnesses.
   
   After the hearing, the hearing panel will deliberate in closed session to determine whether the Respondent is responsible or not responsible for the policy violations alleged in the Notice of Investigation Allegations.
7. Final Determination and Notice of Outcome
   The parties will receive a Notice of Outcome setting forth the Decision-Makers’ determination(s). This notice will include any sanction or remedies, if a policy violation is found, and procedures for appealing the decision.
8. Appeals
   Any party may file a request for appeal. The request for appeal must be submitted in writing to the Title IX Coordinator within five business days of the delivery of the Notice of Outcome.  If an appeal is filed, the other party will receive notice. Appeals are limited to the following grounds:
   1. Procedural irregularity that affected the outcome of the matter.
   2. New evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made, that could affect the outcome of the matter.
   3. The Title IX Coordinator, Investigator(s), or Decision-Maker(s) had a conflict of interest or bias for or against Complainants or Respondents generally or the specific Complainant or Respondent that affected the outcome.