Evaluation of Reported Incidents

Evaluation of Reported Incidents

Upon receiving a report or Complaint of an alleged incident of sex discrimination, sex-based harassment, or retaliation, the Title IX Coordinator or their designee will evaluate the report or complaint to determine the University ‘s response. “Reported incidents” refers to alleged conduct shared with the Title IX Coordinator in a report or complaint. Generally, reports and complaints will be evaluated within ten (10) business days of Title IX Coordinator’s receipt. Reports and complaints submitted within ten (10) days of the end of a semester may require additional time during the subsequent semester for evaluation.

APPLICATION OF POLICY
The Title IX Coordinator or designee will conduct a fact-based analysis to determine whether the reported conduct occurred in a University education program or activity (e.g., if Rockford University had disciplinary authority over the Respondent’s conduct in the context in which the alleged conduct occurred). Rockford University’s education programs and activities are explained in Section 2. of this Policy.

Reported incidents that did not occur in a University education program or activity are not covered under this Policy. Complainants may still request Supportive Measures.

PROHIBITED CONDUCT UNDER POLICY

The Title IX Coordinator or designee will also assess if the reported conduct reasonably may constitute sex discrimination, sex-based harassment, or retaliation as set forth in this Policy. If the alleged conduct could constitute sex discrimination, sex-based harassment, and/or retaliation, the Title IX Coordinator or designee will then determine which Grievance Process may be initiated.

If the alleged conduct would not constitute Prohibited Conduct as set forth in this Policy, the Title IX Coordinator or their designee will assess further to determine if it should be addressed under any other Rockford University policy or conduct provision(s).

1. Non-sex-based discrimination and other misconduct not specifically implicated under this Policy may be addressed using other applicable institutional policies such as the Student Code of Conduct (for incidents involving students) or the Employee Manual (for incidents involving employees).

2. Non-actionable Reports are deemed not actionable under any existing policy, though the Complainant may request, and the University may provide, Supportive Measures as appropriate.

APPLICABLE GRIEVANCE PROCEDURES

Reported incidents of sex discrimination, sex-based harassment, and retaliation that occur in a Rockford University education program or activity will be addressed under the Section 9. Grievance Procedures set forth in this policy. After evaluating the reported incident, Title IX Coordinator will notify the Complainant of the of the applicable Grievance Procedures and Informal Resolution Process, if available and appropriate. If a Complaint is made, the Title IX Coordinator will also notify the Respondent of the applicable Grievance Procedures and Informal Resolution Process, if available and appropriate.

The Grievance Procedures apply to complaints as follows:
• Complaints of sex discrimination and sex-based harassment involving an employee Complainant and an employee Respondent will be addressed under Process A.
• Complaints of sex discrimination and sex-based harassment involving a student  Complainant and/or a student Respondent will be addressed under Process B.
• All complaints of retaliation, involving students and/or employees, will be addressed under Process A.

Student Employees: When a Complainant or Respondent is both a student and an employee of a Rockford University, the University must make a fact-specific inquiry to determine which grievance procedures apply. In making this determination, the University will, at a minimum, consider whether the Party’s primary relationship with the University is to receive an education and whether the alleged sex-based harassment occurred while the Party was performing employment-related work.

All complaints of retaliation involving students and employees will be addressed under Process A or, as appropriate, an Informal Resolution Process. If a Complaint alleging retaliation is consolidated with a Complaint of sex-based harassment involving a student Complainant or Student Respondent, Process B will be used to address the Complaints.

Reported incidents that are not Complaints may or may not be addressed under other institutional policies. Regardless of whether or not a Complaint is filed, Supportive Measures will be offered to a Complainant, as available and appropriate.