The investigation will result in a finding as to whether or not the policy has been violated. The finding will be based on a preponderance of the evidence standard, i.e., whether it is more likely than not that the conduct occurred. Interim Steps During the Resolution The Title IX and/or Deputy Title IX Coordinator will take interim steps to protect a Complainant while the case is pending. Depending on the case, the Complainant’s wishes and what is reasonably available, these steps may include changes to academic and working situations over which the University has control, directing a Respondent to not have contact with a Complainant, excluding a Respondent from parts of campus, or providing a Complainant with an escort on campus. Any adjustments made will be designed to minimize the burden on the Complainant’s educational program. The Title IX and/or Deputy Title IX Coordinator may modify work or academic arrangements during an investigation as it deems necessary, in order to protect the safety or welfare of a member of the campus community or to allow the Complainant to continue to receive the benefits of education. AComplainant may wish to report to law enforcement or obtain a civil or criminal restraining order while the case is underway. The Title IX and/or Deputy Title IX Coordinator can provide information about these options. The Title IX and/or Deputy Title IX Coordinator will discuss retaliation with the parties. Parties who believe they have been retaliated against due to participation in a grievance proceeding should notify the Title IX and/or Deputy Title IX Coordinator as soon as possible. Note that allegations of retaliation will be addressed as separate violations subject to the investigative process described above and may result in sanctions, regardless of the outcome of the underlying case. The Title IX and/or Deputy Title IX Coordinator may place a Respondent on an interim suspension pending the resolution of the case where there is a substantial concern for the health, safety, or welfare of any person, and will notify the Respondent by email if this occurs. An interim suspension means that the student cannot attend class and must remain off of University property until the grievance procedure is completed. Should a Respondent need to be on campus during this period, they must submit a request to the Title IX and/or Deputy Title IX Coordinator in writing 24 hours in advance, including the reason for needing to be on campus and the specific date, time frame and location requested. The Title IX and/or Deputy Title IX Coordinator will review the request and respond as to whether or not the request has been approved. Until the student receives written approval granting their request, their presence on campus will be considered trespass and law enforcement will be contacted. Information for an Accused Student. It can be difficult to be accused of misconduct. The following resources may be of use to an accused individual: San Diego County 24 Hour Crisis Line: 800.479.3339 San Diego County Warm Line (non-crisis telephone support): 800.930.WARM If you feel you may be a danger to yourself, please call the National Suicide Prevention Lifeline at 800.784.2433. If you are a Respondent in a case before the school, please note that the University utilizes neutral fact finders who will gather relevant and available information before making decisions about the allegations. Your participation in the grievance process is encouraged. The University is required by federal law to address allegations brought forward and to make decisions using a preponderance of the information standard of proof, including situations where the police are involved and many situations that occur off of campus. You may choose to not participate in a University process or to not make a statement regarding the allegations, but the University will make a finding regardless, and may issue sanctions without your participation if you are found responsible. Sanctions and Remedies When the accused is found not responsible for the alleged violation, the investigation will be closed and the Complainant and Respondent notified. When the accused is found responsible for the violation, the University will take action to end the discrimination or harassment, prevent its recurrence, and remedy
its effects on the victim and the University community. The Title IX and/or Deputy Title IX Coordinator will determine the consequences or sanctions for the Respondent and remedies for the Complainant, and as appropriate, the University community. Any student found responsible for a violation may receive sanctions ranging from probation to expulsion along with any other sanctions, depending on the severity of the incident and taking into account factors such as any previous incidents. The Title IX and/or Deputy Title IX Coordinator reserves the right to broaden or lessen this range of sanctions in the event of mitigating factors or egregiously offensive behavior. Sanctions imposed are implemented immediately unless the Vice President for Student Services (VPSS) delays their implementation in extraordinary circumstances pending the outcome of an appeal as described below. The University will determine which remedies may be offered to a Complainant depending on the nature of the case, including changes to academic or work obligations under the school’s control. Possible remedies may include providing an escort to ensure that the Complainant can move safely between classes; ensuring the Complainant and Respondent do not share classes or extracurricular activities; providing victim services such as counseling and academic support services; or arranging for a Complainant to re-take a class, have extra time to complete a class, or withdraw from a class without an academic or financial penalty. The Complainant and Respondent will be informed of the finding, the rationale for the finding and any relevant sanctions to the extent permissible by law simultaneously and via email, usually within 24 hours of decision. Conduct That is Criminal in Nature The University has authority to address these complaints in a non-criminal context. The University process is completely separate from the police and courts. For any incident that potentially involves criminal activity, an accuser may wish to report directly to law enforcement in addition to, or instead of, reporting to the University. University personnel can assist a Complainant in making a report to law enforcement. A Complainant may pursue both the University process and the criminal process simultaneously. In addition, in some states and in some circumstances, state law may require a University official to report certain crimes to law enforcement if police have not already been notified; if you have questions about this, please contact the Title IX Coordinator and/or Deputy Title IX Coordinator. When a police or criminal matter occurs simultaneous to the University process, in most cases the University will not wait until the criminal case is resolved before proceeding with the University process. The University’s fact-finding investigation may be delayed for a short period of time upon a request from law enforcement, but the University will promptly resume the investigation as soon as possible. In cases involving threats, threatening behavior or violence including sexual violence, the University can provide information about seeking an order of protection through the courts. Appellate Procedure The only grounds for appeal are as follows: 1. To consider new evidence unavailable during the original investigation, that could substantially impact the original finding or sanction. A summary of the new evidence and its potential impact must be included in the request for appeal; or 2. The sanctions imposed are substantially disproportionate to the severity of the violation; or 3. The grievance procedure was not followed which significantly impacted the outcome. Either party may submit a request for appeal for one of the three reasons above. The Vice President of Student Services (VPSS) must receive any request for appeal in writing along with all relevant documentation within three (3) business days of the decision being sent to the parties. An appeal can be submitted online via the Office of Student Conduct page or the Office of Student Affairs page by pressing the File an Appeal button.
NATIONAL UNIVERSITY // POLICIES AND PROCEDURES
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