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Title IX Resources

Grievance Procedures for Complaints of Sex-Based Harassment

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Midland University Grievance Procedures for Complaints of Sex-Based Harassment

Midland University has adopted Title IX grievance procedures that provide for the prompt and equitable resolution of complaints made by students, employees, or other individuals participating or attempting to participate in its education program or activity or by the Title IX Coordinator. These grievance procedures address complaints of sex-based harassment that involve a student party.  

Definitions

Sex-based harassment is a form of sex discrimination and means sexual harassment and other harassment based on sex, including:

  • Quid pro quo harassment (e.g. when an employee conditions a benefit on a person’s participation in unwelcome sexual conduct);
  • Specific offenses (e.g. sexual assault, dating violence, domestic violence, and stalking); and/or
  • Hostile environment harassment (defined as unwelcome sex-based conduct that, based on the totality of the circumstances, is subjectively and objectively offensive and is so severe or pervasive that it limits or denies a person’s ability to participate in or benefit from Midland University’s education program or activity). 

Complaints

The following people have a right to make a complaint of sex-based harassment, requesting that Midland University investigate and make a determination about alleged sex-based harassment under Title IX: 

  • A “complainant,” which includes:
    • a student or employee of Midland University who is alleged to have been subjected to conduct that could constitute sex discrimination under Title IX; or
    • a person other than a student or employee of Midland University who is alleged to have been subjected to conduct that could constitute sex discrimination under Title IX at a time when that individual was participating or attempting to participate in Midland University’s education program or activity; 
  • A parent, guardian, or other authorized legal representative with the legal right to act on behalf of a complainant; or
  • Midland University’s Title IX Coordinator. 

Midland University may consolidate complaints of sex discrimination against more than one respondent, or by more than one complainant against one or more respondents, or by one party 

against another party, when the allegations of sex discrimination arise out of the same facts or circumstances. When more than one complainant or more than one respondent is involved, references below to a party, complainant, or respondent include the plural, as applicable.  

Title IX Grievance Procedure Requirements

Midland University will treat complainants and respondents equitably. 

Midland University requires that any Title IX Coordinator, investigator, or decisionmaker not have a conflict of interest or bias for or against complainants or respondents generally or an individual complainant or respondent. As long as there is no conflict of interest or bias, a decision-maker may be the same person as the Title IX Coordinator or investigator. 

Midland University presumes that the respondent is not responsible for the alleged sex discrimination until a determination is made at the conclusion of its grievance procedures. 

Midland University has established the following timeframes for the major stages of the grievance procedures:

  • Evaluation (the decision whether to dismiss or investigate a complaint): 2 business days
  • Investigation: 28 business days
  • Determination: 2 business days
  • Appeal: must be initiated within 5 business days from Determination
  • (These are the maximum timeframes in business days for each of the stages of this process.) 

Midland University has also established the above process that allows for the reasonable extension of timeframes on a case-by-case basis for good cause with notice of any extension to the parties that includes the reason for the delay. Notice of a reasonable extension to any of the estimated time frames above would come as notice over email. 

Midland University will take reasonable steps to protect the privacy of the parties and witnesses during its grievance procedures. These steps will not restrict the parties’ ability to obtain and present evidence, including by speaking to witnesses; consulting with their family members, confidential resources, or advisors; or otherwise preparing for or participating in the grievance procedures. The parties cannot engage in retaliation, including against witnesses. 

Midland University will objectively evaluate all evidence that is relevant and not otherwise impermissible – including both inculpatory and exculpatory evidence. Credibility determinations will not be based on a person’s status as a complainant, respondent, or witness. 

The following types of evidence, and questions seeking that evidence, are impermissible (i.e. will not be accessed or considered, except by Midland University to determine whether one of the exceptions listed below applies; will not be disclosed; and will not otherwise be used), regardless of whether they are relevant:

  • Evidence that is protected under a privilege recognized by Federal or State law or evidence provided to a confidential employee, unless the person to whom the privilege or confidentiality is owed has voluntarily waived the privilege or confidentiality;
  • A party’s or witness’s records that are made or maintained by a physician, psychologist, or other recognized professional or paraprofessional in connection with the provision of treatment to the party or witness, unless Midland University obtains that party’s or witness’s voluntary, written consent for use in its grievance procedures; and 
  • Evidence that relates to the complainant’s sexual interests or prior sexual conduct, unless evidence about the complainant’s prior sexual conduct is offered to prove that someone other than the respondent committed the alleged conduct or is evidence about specific incidents of the complainant’s prior sexual conduct with the respondent that is offered to prove consent to the allege sex-based harassment. The fact of prior consensual sexual conduct between the complainant and the respondent does not by 

itself demonstrate or imply the complainant’s consent to the alleged sex-based harassment or preclude a determination that sex-based harassment occurred.

Written Notice of Allegations

Upon initiation of these Title IX grievance procedures, Midland University will notify the parties in writing of the following with sufficient time for the parties to prepare a response before any initial interview:

  • Midland University’s Title IX grievance procedures and any informal resolution process; 
  • Sufficient information available at the time to allow the parties to respond to the allegations, including the identities of the parties involved in the incident(s), the conduct alleged to constitute sex-based harassment, and the date(s) and location(s) of the alleged incident(s);
  • Retaliation is prohibited;
  • The respondent is presumed not responsible for the alleged sex-based harassment until a determination is made at the conclusion of the grievance procedures. Prior to such a determination, the parties will have an opportunity to present relevant and not otherwise impermissible evidence to a trained, impartial decisionmaker;
  • The parties may have an advisor of their choice who may be, but is not required to be, an attorney; 
  • The parties are entitled to an equal opportunity to access the relevant and not otherwise impermissible evidence or an investigative report that accurately summarizes this evidence.
  • Item 16 of Midland University’s Code of Conduct prohibits manipulation of the Disciplinary Review System, including but not limited to:
    • Failure to obey a University official or Conduct Committee’s notice to appear for a meeting as part of the Disciplinary Review Process. 
    • Falsification, distortion, or misrepresentation of information during the Disciplinary Review Process. 
    • Disruption or interference with the orderly conduct of a Disciplinary Review proceeding. 

If, in the course of an investigation, Midland University decides to investigate additional allegations of sex-based harassment by the respondent toward the complainant that are not included in the written notice or that are included in a consolidated complaint, it will provide written notice of the additional allegations to the parties. 

Dismissal of a Complaint

Midland University may dismiss a complaint if: 

  • Midland University is unable to identify the respondent after taking reasonable steps to do so;
  • The respondent is not participating in Midland University’s education program or activity and is not employed by Midland University;
  • Midland University obtains the complainant’s voluntary withdrawal in writing of any or all of the allegations, the Title IX Coordinator declines to initiate a complaint, and Midland University determines that, without the complainant’s withdrawn allegations, the conduct that remains alleged in the complaint, if any, would not constitute sex discrimination under Title IX even if proven; or
  • Midland University determines the conduct alleged in the complaint, even if proven, would not constitute sex discrimination under Title IX. Before dismissing the complaint, Midland University will make reasonable efforts to clarify the allegations with the complainant. 

Upon dismissal, Midland University will promptly notify the complainant in writing of the basis for the dismissal. If the dismissal occurs after the respondent has been notified of the allegations, then Midland University will also notify the parties simultaneously in writing. 

Midland University will notify the complainant that a dismissal may be appealed on the grounds outlined in the Appeals section. If the dismissal occurs after the respondent has been notified of the allegations, Midland University will also notify the respondent that the dismissal may be appealed on the same grounds. If a dismissal is appealed, Midland University will follow the procedures outlined in the Appeals section.

When a complaint is dismissed, Midland University will, at a minimum:

  • Offer supportive measures to the complainant as appropriate;
  • If the respondent has been notified of the allegations, offer supportive measures to the respondent as appropriate; and
  • Take other prompt and effective steps, as appropriate, through the Title IX Coordinator to ensure that sex discrimination does not continue or recur within Midland University’s education program or activity. 

Investigation

Midland University will provide for adequate, reliable, and impartial investigation of complaints. 

The burden is on Midland University – not on the parties – to conduct an investigation that gathers sufficient evidence to determine whether sex discrimination occurred. 

Midland University will provide to a party whose participation is invited or expected, written notice of the date, time, location, participants, and purpose of all meetings or proceedings with sufficient time for the party to prepare to participate. 

Midland University will provide the parties with the same opportunities to be accompanied to any meeting or proceeding by the advisor of their choice, who may be an attorney but is not required to be. 

  • Midland University will not limit the choice or presence of the complainant’s or respondent’s advisor in any meeting or proceeding. 
  • Midland University may establish restrictions regarding the extent to which the advisor may participate in these grievance procedures, as long as the restrictions apply equally to the parties. 

Midland University will provide the parties with the same opportunities, if any, to have people other than the advisor of the parties’ choice present during any meeting or proceeding. 

Midland University will provide an equal opportunity for the parties to present fact witnesses and other inculpatory and exculpatory evidence that is relevant and not otherwise impermissible regardless of relevance. 

Midland University will provide each party and the party’s advisor, if any, with an equal opportunity to access the evidence that is relevant to the allegations of sex-based harassment and not otherwise impermissible, in the following manner: 

  • Midland University will provide an equal opportunity to access either the relevant and not otherwise impermissible evidence, or the same written investigative report that accurately summarizes this evidence. 
  • Midland University will provide a reasonable opportunity to review and respond to the evidence or the investigative report. 
  • Midland University will take reasonable steps to prevent and address the parties’ and their advisors’ unauthorized disclosure of information and evidence obtained solely through the sex-based harassment grievance procedures. 

Questioning the Parties and Witnesses 

Midland University does not conduct live hearings. Instead, the decisionmaker may question parties and witnesses to adequately assess a party’s or witness’s credibility to the extent credibility is both in dispute and relevant to evaluating one or more allegations of sex-based harassment. 

The University’s process for proposing and asking relevant and not otherwise impermissible questions and follow-up questions of parties and witnesses, including questions challenging credibility, will:

  • Allow the investigator or decision-maker to ask such questions during the individual meetings with a party or witness;
  • Allow each party to propose such questions that the party wants to be asked of any party or witness and have those questions asked by the investigator or decisionmaker during one or more individual meetings, including follow-up meetings, with a party or witness, subject to the procedures for evaluating and limiting questions discussed below; and
  • Provide each party enough time for the party to have a reasonable opportunity to propose follow-up questions.

The decision-maker will determine whether a proposed question is relevant and not otherwise impermissible before the question is posed and will explain any decision to exclude a question as not relevant or otherwise impermissible. Questions that are unclear or harassing of the party or witness being questioned will not be permitted. The decision-maker will give a party an opportunity to clarify or revise a question that the decision-maker determines is unclear or harassing. If the party sufficiently clarifies or revises the questions, the question will be asked. 

The decision-maker may place less or no weight upon statements by a party or witness who refuses to respond to relevant and not impermissible questions. The decision-maker will not draw an inference about whether sex-based harassment occurred based solely on a party’s or witness’s refusal to respond to such questions. 

Determination Whether Sex-Based Harassment Occurred

Following an investigation and evaluation of all relevant and not otherwise impermissible evidence, Midland University will: 

  • Use the preponderance of the evidence standard of proof to determine whether sex discrimination occurred. The standard of proof requires the decisionmaker to evaluate relevant and not otherwise impermissible evidence for its persuasiveness. If the decisionmaker is not persuaded under the applicable standard by the evidence that sex discrimination occurred, whatever the quantity of the evidence is, the decisionmaker will not determine that sex discrimination occurred. 
  • Notify the parties simultaneously in writing of the determination whether sex-based harassment occurred under Title IX including:
    • A description of the alleged sex-based harassment;
    • Information about the policies and procedures that Midland University used to evaluate the allegations;
    • The decisionmaker’s evaluation of the relevant and not otherwise impermissible evidence and determination of whether sex-based harassment occurred;
    • When the decisionmaker finds that sex-based harassment occurred, any disciplinary sanctions Midland University will impose on the respondent, whether remedies other than the imposition of disciplinary sanctions will be provided by Midland University to the complainant, and, to the extent appropriate, other students identified by Midland University to be experiencing the effects of the sex-based harassment; and 
    • Midland University’s procedures and permissible bases for the complainant and respondent to appeal. 
  • Midland University will not impose discipline on a respondent for sex discrimination prohibited by Title IX unless there is a determination at the conclusion of the Title IX grievance procedures that the respondent engaged in prohibited sex discrimination. 
  • If there is a determination that sex discrimination occurred, as appropriate, the Title IX Coordinator will:
    • Coordinate the provision and implementation of remedies to a complainant and other people Midland University identifies as having had equal access to Midland University’s education program or activity limited or denied by sex discrimination;
    • Coordinate the imposition of any disciplinary sanctions on a respondent, including notification to the complainant of any such disciplinary sanctions; and
    • Take other appropriate prompt and effective steps to ensure that sex discrimination does not continue or recur within Midland University’s education program or activity. 
  • Comply with the Title IX grievance procedures before the imposition of any disciplinary sanctions against a respondent; and
  • Not discipline a party, witness, or others participating in the Title IX grievance procedures for making a false statement or for engaging in consensual sexual conduct based solely on the determination of whether sex discrimination occurred. 

The determination regarding responsibility becomes final either on the date Midland University provides the parties with the written determination of the results of any appeal or, if no party appeals, on the date on which an appeal would no longer be considered timely. 

Appeals

Midland University offers an appeal from a dismissal or determination of whether sex-based harassment occurred on the following bases: 

  • Procedural irregularity that would change the outcome; 
  • New evidence that would change the outcome and that was not reasonably available when the determination or dismissal was made; and
  • The Title IX Coordinator, investigator, or decisionmaker had a conflict of interest or bias for or against the complainant or respondents generally or the individual complainant or respondent that would change the outcome. 

If a party appeals a dismissal or determination of whether sex-based harassment occurred, Midland University will:

  • Notify the parties in writing of any appeal, including notice of the allegations, if notice was not previously provided to the respondent;
  • Implement appeal procedures equally for the parties;
  • Ensure that the decisionmaker for the appeal did not take part in an investigation of the allegations or dismissal of the complaint;
  • Ensure that the decisionmaker for the appeal has been trained consistent with the Title IX regulations;
  • Communicate to the parties in writing that Midland University will provide the parties a reasonable and equal opportunity to make a statement in support of, or challenging, the outcome; and
  • Notify the parties in writing of the result of the appeal and the rationale for the result. 

Any additional procedures or bases for appeal Midland University offers will be equally available to all parties.   

Informal Resolution

In lieu of resolving a complaint through Midland University’s Title IX grievance procedures, the parties may instead elect to participate in an informal resolution process. Midland University will inform the parties in writing of any informal resolution process it offers and determines is appropriate, if any. Midland University does not offer an informal resolution to resolve a complaint when such a process would conflict with Federal, State, or local law. Before the 

initiation of an informal resolution process, Midland University will explain in writing to the parties:

  • The allegations; 
  • The requirements of the informal resolution process; 
  • That any party has the right to withdraw from the informal resolution process and initiate or resume grievance procedures at any time before agreeing to a resolution; 
  • That if the parties agree to a resolution at the end of the resolution process, they cannot initiate or resume grievance procedures arising from the same allegations; 
  • The potential terms that may be requested or offered in an informal resolution agreement, including notice that an informal resolution agreement is binding only on the parties; and
  • What information Midland University will maintain and whether and how Midland University could disclose such information for use in Title IX grievance procedures if such procedures are initiated or resumed. 

Supportive Measures

Midland University will offer and coordinate supportive measures as appropriate for the complainant and/or respondent to restore or preserve that person’s access to Midland University’s education program or activity or provide support during Midland University’s Title IX grievance procedures or during the informal resolution process. For complaints of sex-based harassment, these supportive measures may include: issuing no contact orders; referrals to off-campus resources in Fremont; referrals to Counseling and Health Services; or referrals to local law enforcement. 

Disciplinary Sanctions and Remedies

Following a determination that sex-based harassment occurred, Midland University may impose disciplinary sanctions, which may include:

  • Written warnings  
  • Learning projects 
  • Service to the community  
  • Restitution  
  • Monetary fines  
  • Assessment  
  • Referral for prosecution  
  • Restrictions  
  • Disciplinary probation  
  • Residence hall suspension  
  • Residence hall expulsion
  • Interim suspension  
  • Suspension  
  • Withholding a degree  
  • Expulsion 
  • Social Probation 

Midland University may also provide remedies, which may include:

  • Residence Hall relocation
  • Classroom relocation
  • Course schedule adjustments
  • No contact orders
  • No trespassing orders.
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