HCAP

4.7 Sex Discrimination Complaint Resolution Process

The Title IX Coordinator, Affirmative Action Officer, and other applicable campus administrators will respond efficiently and effectively when Sex Discrimination is reported. Xavier has established the following guidelines pertaining to how Xavier responds to Sex Discrimination:

For all forms of Sex Discrimination, where applicable depending on particular circumstances of the situation: 

  1. Depending on when reported (immediate vs delayed report), institution will provide Complainant with access to medical care and assess immediate safety needs.
  2. Institution will assist Complainant with contacting local police if Complainant requests and will provide Complainant with contact information for local police department.
  3. Institution will provide written information to Complainant on how to preserve evidence.
  4. Institution will assess need to implement interim or long-term protective measures, such as housing changes, change in class schedule, "No Contact" directives.
  5. Institution will provide a copy of the Sex Discrimination Policy to Complainant and inform the Complainant regarding time frames for inquiry, investigation and resolution.
  6. Institution will inform the Complainant of the outcome of the investigation, whether or not the Respondent will be administratively charged, and what the outcome of the hearing is.
  7. Institution will enforce the anti-retaliation policy and take immediate and separate action against parties that retaliate against a person for complaining of sex-based discrimination or for assisting in the investigation.

Once on notice of potential Sex Discrimination, the University will initiate appropriate Title IX Sexual Harassment (Section 4.2.1) or Interpersonal Violence (Section 4.2.2) investigation and complaint resolution processes promptly and equitably as well as disciplinary procedures to those determined to have violated this policy. While the investigation and complaint resolution process are pending, the University will provide resources, on-campus, off-campus or both, to include medical, health, counseling, legal assistance, victim advocacy, and visa and immigration assistance to the Complainant. These resources will be provided regardless of whether the Complainant decides to pursue and/or participate in an investigation and/or report to law enforcement.

While the time it takes to conduct an investigation depends on the particular facts and circumstances, most investigations will begin within 10 business days of a complaint being made and the Title IX Office will take all reasonable steps to conduct the investigation in a timely manner. These timelines may expand or contract depending on many factors including, but not limited to, the complexity of the matter, the availability of witnesses or evidence, or the time in the school year when the investigation takes place.

If a report of Sex Discrimination is reported to the University, the University will follow the procedures of this policy. The standard of evidence that will be used during any hearing or administrative decision on campus arising from such a report is preponderance of the evidence, which means it is more likely than not that the misconduct occurred.

The procedures are intended to afford a prompt response to complaints of Sex Discrimination, to maintain confidentiality and fairness consistent with applicable legal requirements, and to impose appropriate sanctions on violators of this policy.

When Xavier receives a report of Sex Discrimination, the Title IX Office will determine whether that report will be addressed under Xavier’s Title IX Sexual Harassment policies or Xavier’s Interpersonal Violence policies. Both policies are set forth below.