Title IX Reports and Complaints: Requests for Confidentiality or No Further Action When a Complainant requests that UNA not use their name as part of any resolution process, or that UNA not take any further action, UNA will generally try to honor those requests. However, there are certain instances in which UNA has a broader obligation to the community and may need to act against the wishes of the Complainant. In such circumstances, the Title IX Coordinator will notify the Complainant in writing of the need to take action. The factors the Title IX Coordinator will consider when determining whether to act against the wishes of a Complainant include: 1. The Complainant’s request not to proceed with filing a Formal Complaint; 2. The Complainant’s reasonable safety concerns regarding filing a Formal Complaint; 3. The risk that additional acts of Prohibited Conduct would occur if a Formal Complaint is not filed; 4. The severity of the alleged Prohibited Conduct, including whether the conduct, if established, would require the removal of a Respondent from campus or imposition of another disciplinary sanction to end the discrimination and prevent its recurrence; 5. The age and relationship of the parties, including whether the Respondent is an employee of UNA, or whether the impacted person is a minor; 6. The scope of the alleged discrimination, including information suggesting a pattern, ongoing discrimination, or discrimination alleged to have impacted multiple individuals; 7. The availability of evidence to assist a decisionmaker in determining whether discrimination occurred; 8. Whether UNA could end the alleged discrimination and prevent its recurrence without filing a Formal Complaint; 9. Whether the conduct as alleged presents an imminent and serious threat to the health or safety of the Complainant or other persons, or that the conduct as alleged prevents UNA from ensuring equal access on the basis of sex to its education program or activity; 10. Whether the accused has a history of violent behavior or is a repeat offender; 11. Whether the incident represents an escalation on the part of the person accused; 12. Whether the accused used a weapon or force; and 13. Whether available information reveals a pattern of perpetration at a given location by a particular group. X. Applicable Procedures UNA will review all reports of Prohibited Conduct. The procedures used to adjudicate Prohibited Conduct will vary based on the nature of the Prohibited Conduct. Where more than one procedure may apply based on the parties and/or alleged conduct, UNA has discretion to apply the procedure that it determines is most appropriate based on the unique facts and circumstances presented by the allegations, as well as to consolidate multiple sets of allegations into a single investigation and/or adjudication. Likewise, UNA may decide to process and resolve separately allegations raised in the same report. UNA will provide written notice to the parties of the policy and procedure that will be used in the resolution of any complaint made under this Policy. When cases are transferred from one policy to another, and/or from one office to another, UNA will also transfer any file (including evidence gathered, if any) to the office or administrator who will be responsible for resolution of the complaint. UNA has the discretion to consolidate complaints against more than one Respondent, or by more than one Complainant against one or more Respondents, or by one party against another party, when the allegations arise out of the same facts or circumstances.
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