Title IX Procedures the University will follow

Title IX Procedures the University will follow for reports of Dating Violence, Domestic Violence, Sexual Assault, and Stalking

The university’s institutional disciplinary and compliant resolution procedures for students and employees consist of a prompt, fair and impartial process from the initial investigation to the final result. Investigators and adjudicators are trained annually on the issues related to domestic violence, dating violence, sexual assault, and stalking and taught how to conduct an investigation and hearing process that protects the safety of the complainant and promotes fairness and accountability.  

Please note, Indiana University is under a Title IX Injunction. As of August 2024, several federal courts have issued injunctions that block the US Department of Education from enforcing its 2024 Title IX rule. Indiana is one of numerous states that are recognized by the Supreme Court allowed to stand without limitation to continue to only follow the 2020 Title IX regulations. As the injunction process is settled, Indiana University will update policies and procedures as necessary for federal law.

The Discrimination, Harassment, and Sexual Misconduct Policy includes the following “Summary of Rights of the Complainant and Respondent in all Complaint Resolution Procedures,” which includes:  

  • To be fully informed of university policies and procedures, as well as the nature and extent of all alleged violations contained within the allegation. 
  • To be treated with respect. 
  • To be accompanied by an advisor present during all proceedings, investigation meetings, or related meetings. 
  • To have adequate, reliable, and impartial investigation and appropriate resolution of all complaints of discrimination, harassment, and/or sexual misconduct. 
  • To be informed by the university of options to notify proper law enforcement authorities including on-campus and local police, and the option to be assisted by campus authorities in notifying proper law enforcement, if the individual chooses. 
  • To be notified of available resources including counseling, mental health, academic, legal and other support services, both at the university and in the community. 
  • To have allegations investigated and adjudicated by individuals who are properly trained to investigate and resolve allegations of discrimination, harassment and/or sexual misconduct. 
  • To participate in the investigation and complaint resolution process, including the opportunity to identify witnesses and other appropriate evidence, and to be informed of adverse evidence and provided the opportunity to respond to it through the process. 
  • To have allegations investigated and adjudicated in a reasonable timeframe given the circumstances of the specific case. 
  • To have the preponderance of the evidence standard (more likely than not) applied in determining responsibility. 
  • To have appeal rights as afforded under the applicable complaint resolution procedures. 

As indicated in the above summary of rights for both parties, under the Discrimination, Harassment, and Sexual Misconduct Policy and procedures, the Complainant and Respondent may have the advisor of their choice present at any point of the disciplinary and compliant resolution process. 

To the extent possible, the Complainant and the Respondent will be notified simultaneously in writing of the outcome and results of any disciplinary and compliant resolution proceedings, any changes to the results before they are final, as well as when the results are final. The Complainant and the Respondent will also be notified simultaneously in writing of the university’s procedures for the Complainant or the Respondent to appeal the decision. The timeframe set forth within the procedures may be extended based on specific circumstances to each review.

The university will, upon written request, disclose to the alleged victim of a crime of violence (as defined in section 16, of title 18, United States Code), or non-forcible sex offense (Incest or Statutory Rape), the results of any disciplinary hearing conducted by the university against the student who is the alleged perpetrator of the offense. If the alleged victim is deceased as a result of the crime or offense, the university will provide the results of the disciplinary hearing to the victim’s next of kin, if so requested. Appendix A of this report provides the full IU Discrimination, Harassment and Sexual Misconduct Policy and procedures. 

Institutional Disciplinary Procedures

The Indiana University Discrimination, Harassment, and Sexual Misconduct Policy (UA-03) includes complaint resolution procedures to address reports and formal complaints of sexual misconduct, including sexual assault, dating violence, domestic violence, and stalking, The procedures applied depend on the affiliation of the individual accused of sexual misconduct, as well as whether the complaint meets the initial criteria of a Title IX complaint. In addition to outlined overarching procedures for responding to reports of sexual misconduct, the policy includes the following four sets of applicable procedures:

  • Student Sexual Misconduct—Title IX Complaint Resolution Procedures
  • Academic Appointee and Staff Sexual Misconduct—Title IX Complaint Resolution Procedures
  • Student Sexual Misconduct—University Complaint Resolution Procedures
  • Academic Appointee and Staff Sexual Misconduct—University Complaint Resolution Procedures

See Appendix A for the full Discrimination, Harassment, and Sexual Misconduct Policy and included procedures. The appendix includes details of each type of disciplinary proceeding used by the institution; the steps, anticipated timelines, and decision-making process for each type of disciplinary proceeding; and how the institution determines which type of proceeding to use based on the circumstances.

Sanctions  

The university may impose sanctions on the respondent after a final determination of responsibility following university procedures. Possible sanctions for cases in which students are found in violation of the Student Code for acts of sexual misconduct include (see Sanctions in Appendix A): 

  • formal warnings, 
  • behavioral assessment and/or counseling,  
  • required educational training,  
  • housing expulsion, 
  • no contact order, 
  • no trespass order, 
  • disciplinary probation,  
  • interim suspension, 
  • suspension,  
  • required re-entry meeting, and/or  
  • permanent expulsion. 

For employees, the university may impose any of the following sanctions (See Sanctions in Appendix A): 

  • Level One Sanctions include sanctions that do not directly modify job duties or actual salary, such as informal discussions, additional training, periodic review, letter to personnel file (other than to promotion and tenure dossier which is included in Level Two Sanctions below). Level One Sanctions shall not be appropriate in the event the respondent was found responsible for sexual assault or other sexual violence. 
  • Level Two Sanctions include sanctions that directly modify job duties, salary or job status, including affecting compensation, consideration in tenure or promotion decisions, suspension and termination. 

 

Dating violence, domestic violence, sexual assault, and stalking may be found to be criminal acts, which may also subject the perpetrator to criminal or civil penalties under federal and state laws.