5.6 Pattern of Harassment

Except in Title IX Sexual Harassment matters (Sections 4.2.1 and 4.7.1), the Director, Civil Rights and Title IX may initiate a complaint of harassment to be pursued formally under these procedures against any individual they have reason to believe has engaged in a pattern of harassment, based upon the number of complaints filed against the individual and resolved through informal procedures, mediation, or by a formal hearing. In the event of this type of complaint, the Director, Civil Rights and Title IX functions as the Reporting Party. In connection with the complaint, the President or their designee performs all functions assigned to the Director, Civil Rights and Title IX in the process for resolution of harassment complaints.

If the Director, Civil Rights and Title IX files a complaint under this provision, the individual who reported experiencing the harassment has the right to pursue their own complaint concurrently or at any time within this policy's time limits (see Section 5.7.1.). If the individual who reported the harassment chooses not to pursue their own complaint in this context, they can elect for the Director, Civil Rights and Title IX to include their complaint into the complaint of harassment filed by the Director, Civil Rights and Title IX under the Pattern of Harassment provision either with or without identifying information.

If a formal hearing is scheduled to determine whether a Responding Party is responsible for violating the HCAP under this provision, the Director, Civil Rights and Title IX will provide the Hearing Panel member with a redacted history of prior relevant complaints and subsequent related actions. Relevancy of prior complaints to the current matter will be determined by the Director, Civil Rights and Title IX.