FILING A FORMAL COMPLAINT
A formal complaint is necessary to initiate the University’s grievance process, meaning a formal investigation and adjudication process. A formal complaint must be in written form and must be signed by the complainant. A third- party or anyone other than the victim of the misconduct may not file a formal complaint. However, a formal complaint may be filed by a parent or guardian of a minor person. A formal complaint is a document filed by a complainant or signed by the University’s Title IX Coordinator alleging sexual harassment against a respondent and requesting that the University investigate the allegation. The respondent may be either a student or an employee or a visitor, independent contractor, intern, or volunteer of the University. A formal complaint may be filed with the Title IX Coordinator in person, by mail, or by electronic mail. In order to qualify as a formal complaint, the document must contain the complainant’s physical or electronic signature, or otherwise indicate that the complainant is the person filing the formal complaint. A formal complaint form is available from the Title IX Coordinator upon request. If a complainant declines to sign a formal complaint or does not wish to participate in the complaint and adjudication process, or the complainant’s identity is unknown, and the Title IX Coordinator determines there is sufficient cause to file a formal complaint, the Title IX Coordinator may file a formal complaint. In such cases, the Title IX Coordinator is not considered to be a complainant or other party under this Policy. The Title IX Coordinator will consider the wishes of the complainant not to proceed with the investigation and adjudication process. However, the Title IX Coordinator may file a formal complaint if the Title IX Coordinator determines that the allegations are such that it would be unreasonable not to proceed despite the wishes of the complainant.
In making this determination, the Title IX Coordinator will consider, among other factors, the risk that the alleged perpetrator will commit additional acts of sexual misconduct or other violence, which may be assessed by evaluating: • whether there have been other complaints about the same alleged perpetrator; • whether the alleged perpetrator has a history of arrests or records from a prior school indicating a history of violence; • whether the alleged perpetrator threatened further sexual violence or other violence against the victim or others; • whether the sexual violence was committed by multiple perpetrators whether the sexual violence was perpetrated with a weapon; • whether the victim is a minor; • whether the University possesses other means to obtain relevant evidence of the prohibited conduct (e.g., security cameras or personnel, physical evidence); • whether the victim’s report reveals a pattern of perpetration (e.g., via illicit use of drugs or alcohol) at a given location or by a particular group. Additionally, where the respondent is not enrolled at the University and is not employed by the University, the University may decline to process the complaint through the Grievance Process. The University may take the steps it deems appropriate under the circumstances.
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Hodges University Student Handbook
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