Grievance Procedures for Complaints of Sex Discrimination

Midland University Grievance Procedures for Complaints of Sex Discrimination

Midland University has adopted 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 alleging any action that Title IX or the Title IX regulations would prohibit.

Complaints

The following people have a right to make a complaint of sex discrimination, including complaints of sex-based harassment, requesting that Midland University investigate and make a determination about alleged discrimination 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.

For complaints of sex discrimination other than sex-based harassment, in addition to the people listed above, the following persons have a right to make a complaint:

Any student or employee of Midland University; or
Any person other than a student or employee who was participating or attempting to participate in Midland University’s education program or activity at the time of the alleged sex discrimination.

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 decision-maker not have a conflict of interest or bias for or against complainants or respondents generally or an individual complainant or respondent. If 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 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 alleged sex-based harassment. The fact of prior consensual sexual conduct between the complainant and 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.

Notice of Allegations

Upon initiation of the institution’s Title IX grievance procedures, Midland University will notify the parties of the following:

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 discrimination, and the date(s) and location(s) of the alleged incident(s);
Retaliation is prohibited; and
The parties are entitled to an equal opportunity to access the relevant and not otherwise impermissible evidence or an accurate description of this evidence.

If, in the course of an investigation, Midland University decides to investigate additional allegations of sex discrimination by the respondent toward the complainant that are not included in the notice provided or that are included in a complaint that is consolidated, Midland University will notify the parties of the additional allegations.

Dismissal of a Complaint

Midland University may dismiss a complaint of sex discrimination 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;
The complainant voluntarily withdraws any or all of the allegations in the complaint, 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 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 respondent of the dismissal and the basis for the dismissal promptly following notification to the complainant, or simultaneously if notification is in writing.

Midland University will notify the complainant that a dismissal may be appealed and will provide the complainant with an opportunity to appeal the dismissal of a complaint. If the dismissal occurs after the respondent has been notified of the allegations, then Midland University will also notify the respondent that the dismissal may be appealed. Dismissals may be appealed 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 dismissal was made; and
The Title IX Coordinator, investigator, or decision-maker had a conflict of interest or bias for or against complainants or respondents generally or the individual complainant or respondent that would change the outcome.

If the dismissal is appealed, Midland University will:

Notify the parties 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 decision-maker 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;
Provide the parties a reasonable and equal opportunity to make a statement in support of, or challenging, the outcome; and
Notify the parties of the result of the appeal and the rationale for the result.

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 an equal opportunity for the parties to present fact witnesses and other inculpatory and exculpatory evidence that is relevant and not otherwise impermissible.

Midland University will review all evidence gathered through the investigation and determine what is relevant and impermissible, regardless of relevance.

Midland University will provide each party with an equal opportunity to access the evidence that is relevant to the allegations of sex discrimination 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 an accurate description of this evidence.
Midland University will provide a reasonable opportunity to respond to the evidence or the accurate description of the evidence; and
Midland University will take reasonable steps to prevent and address the parties’ unauthorized disclosure of information and evidence obtained solely through the grievance procedures. Disclosures of such information and evidence for purposes of administrative proceedings or litigation related to the complaint of sex discrimination are authorized.

Questioning the Parties and Witnesses

Midland University will provide a process that enables the decision-maker to 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 discrimination.

In the course of the investigation, the investigator will contact the student that is the subject of the investigation via their university email address. At the initial review meetings, respondents and complainants will be able to provide statements relevant to allegations of sex discrimination as well as make recommendations to others who could be interviewed to inform the investigation.

If the individual fails to attend their Initial Review Meeting, the investigator shall make no inference from the student respondent’s lack of participation, and use the information available to them when making a decision.

Determination Whether Sex Discrimination 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 decision-maker to evaluate relevant and not otherwise impermissible evidence for its persuasiveness. If the decision-maker is not persuaded under the applicable standard by the evidence that sex discrimination occurred, whatever the quantity of the evidence is, the decision-maker will not determine that sex discrimination occurred.
Notify the parties in writing of the determination whether sex discrimination occurred under Title IX, including the rationale for such determination and the procedures and permissible bases for the complainant and respondent to appeal, if applicable;
Not impose discipline on a respondent for sex discrimination prohibited by Title IX unless there is a determination at the conclusion of the grievance procedures that the respondent engaged in prohibited sex discrimination.
If there is a determination that sex discrimination occurred, the Title IX Coordinator will as appropriate:
- 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 grievance procedures before the imposition of any disciplinary sanctions against a respondent; and
Not discipline a party, witness, or others participating in the Tital eIX grievance procedures for making a false statement or for engaging in consensual sexual conduct based solely on the determination of whether sex discrimination occurred.

Appeal of Determinations

Midland University offers the following process for appeals from a determination of whether sex discrimination occurred.

An individual must send an e-mail to the person identified in the letter of decision and attach a letter that explains in detail the reasons why the decision should be overturned within five (5) business days of the date of the letter of decision. Any individual who does not comply with this section waives the right of appeal.

This appeal process is the same as Midland University offers in all other comparable proceedings, including proceedings relating to other discrimination complaints.

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 does not offer an informal resolution to resolve a complaint that includes allegations that an employee engaged in sex-based harassment of an elementary school or secondary school student or when such a process would conflict with Federal, State, or local law.

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 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:

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

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