Reporting by Responsible Employees
The required general procedures pertaining to the reporting of instances or complaints of sexual harassment and sexual violence are set forth in the Council on Postsecondary Education Sexual Harassment and Sexual Violence Policy. The more specific reporting procedures established by each Institution and the OPC are set forth in Attachments B, C, D and E of that Policy. Those specific reporting procedures list the “responsible employees” at each of the Institutions and the OPC who are required to report complaints and incidents of sexual harassment and sexual violence reported to them or of which they become aware.
Those same “responsible employees” shall also be required under these Procedures to report all other instances and allegations of other types of discrimination (i.e. discrimination other than sexual harassment and sexual violence), including but not limited to racial or gender discrimination, or retaliation, to their institution’s/OPC’s Affirmative Action Office.
To provide adequate opportunity for a prompt investigation, that enables access to the most current evidence, parties are encouraged to file complaints as soon as possible. All complaints under this procedure must be filed within 365 days of the last alleged discriminatory act occurred. The Institution’s/Office’s ability to respond to complaints filed beyond this time is limited. However, complaints or cases involving allegations of continuing unlawful discrimination, harassment, sexual harassment, sexual violence, or retaliation may be fully investigated, including occurrences beyond the 365-day time frame, so long as the last act of alleged discrimination occurred within the prescribed filing deadline (365 days).
ADVISORS AND SUPPORTERS
All parties meeting with an Affirmative Action Officer/Title IX Coordinator may be accompanied by an individual of their choice (who may be an attorney) for support and/or advice. This individual: may not address or question the investigator or any other parties or witnesses; may not present evidence or make arguments; and shall not have any role other than to accompany and communicate with the party requesting support.
DISCRIMINATION AGAINST GROUPS
Cases involving unlawful discrimination, including harassment or retaliation, against a group or class of individuals, reflecting an apparent pattern and practice of discrimination, must be appropriately acted upon by the Affirmative Action Officer/Title IX Coordinator regardless of whether there is an identified complainant.
If a complaint or case reported to the Title IX Coordinator or Affirmative Action Office involves potential criminal violations, that Coordinator or Office shall forward a report of the complaint or case to the campus police and to the appropriate President or the Commissioner of Postsecondary Education where applicable.
In cases involving allegations of sexual violence or other crimes, Complainants shall also be informed of their right to file a complaint with campus police or local law enforcement authorities. However, regardless of whether a Complainant files a complaint with local law enforcement authorities, and regardless of any investigations or other actions taken by local law enforcement, the institution/OPC will continue to have an obligation to undertake and duly complete its own internal complaint and investigation procedure.