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Frequently Asked Questions: What is a Dismissal?

The Grievance Process and Procedures for Formal Complaints pursuant to the University's Policy on Sexual and Gender-Based Harassment and Other Forms of Interpersonal Violence ("Sexual Misconduct Policy") provide for both mandatory and discretionary dismissals of Formal Complaints. This document explains what a dismissal is, who may request a dismissal, who the Dismissal Appeals Officer is, and the process for a dismissal and appeal.

If you have a question that is not answered on this page, please contact the Title IX Coordinator or Deputy Title IX Coordinator

Grievance Process and Title IX Prohibited Conduct
  1. The University MUST dismiss a Formal Complaint of Title IX Prohibited Conduct from the Grievance Process when the alleged conduct, even if proved:

    1. Would not constitute Title IX Prohibited Conduct as defined by the Sexual Misconduct Policy;

    2. Did not occur in the University's education program or activity;

    3. Did not occur against a person in the United States;

    4. The Complainant was not participating in or attempting to participate in a University education program or activity at the time the Formal Complaint was filed.

  2. The University MAY dismiss a Formal Complaint of Title IX Prohibited conduct, or any allegations therein, from the Grievance Process if at any time in the Formal Resolution, Informal Resolution, or Hearing:

    1. A Complainant notifies the Title IX Coordinator in writing that the Complainant would like to withdraw the Formal Complaint or any allegations therein;

    2. The Respondent is no longer enrolled or employed by the University; or

    3. Specific circumstances prevent the University from gathering evidence sufficient to reach a determination to the Formal Complaint or any allegations therein.

Misconduct Procedures and Sexual and Gender-Based Prohibited Conduct
  1. The University MUST dismiss a Formal Complaint, or any allegations therein, when the alleged conduct if proved would not constitute Sexual and Gender-Based Prohibited Conduct as defined by the Sexual Misconduct Policy.

  2. The University MAY dismiss a Formal Complaint of Sexual and Gender-Based Prohibited Conduct, or any allegations therein, from the Misconduct Procedures if at any time in the Formal Resolution, Informal Resolution, or Hearing;

    1. A Complainant notifies the Title IX Coordinator in writing that the Complainant would like to withdraw the Formal Complaint or any allegations therein;

    2. The Respondent is no longer enrolled or employed by the University; or

    3. Specific circumstances prevent the University from gathering evidence sufficient to reach a determination to the Formal Complaint or any allegations therein.

Effect of Dismissal
  1. A dismissal of Title IX Prohibited Conduct from the Grievance Process or of Sexual and Gender-Based Prohibited Conduct from the Misconduct Procedures does not preclude the University from taking action under the Misconduct Procedures, the Grievance Process, or any other applicable policies (e.g., University Standards of Conduct, Respect@, etc.).

Appeal of Dismissal
  1. Either party may appeal the dismissal to the Associate Vice President for Equal Opportunity and Civil Rights (EOCR) or designee on the following bases:

    1. Procedural irregularity that affected the outcome of the Formal Complaint.

    2. New evidence that was not reasonable available at the time the dismissal was made, that could affect the outcome of the Formal Complaint.

    3. The Title IX Coordinator or Investigator had bias or actual conflict of interest for or against complainants or respondent generally or the individual complainant or respondent that affected the outcome of the Formal Complaint.

  2. The appeal must be submitted in writing to the Title IX Coordinator within five (5) business days from the date of the Dismissal Letter and clearly state the reason for appeal and provide any supporting documentation.

  3. The appeal and any supporting documentation will be provided to the non-appealing party with an opportunity to respond within five (5) business days of receipt.

  4. The Dismissal Appeals Officer will be provided with the Formal Complaint, any information gathered during the investigation prior to dismissal, the Dismissal Letter, the appeal and supporting documentation, and any response from the non-appealing party. The Dismissal Appeals Officer will issue a written determination within ten (10) business days of the expiration of the deadline for the non-appealing party's written submission unless the Dismissal Appeals Officer notifies the parties that additional time is needed for good cause.

  5. The Dismissal Appeals Officer's written determination will be provided to both parties simultaneously. There is no further appeal of the Dismissal Appeals Officer's determination.