Complaints

COMPLAINTS

A Complaint is a written or verbal request for the University to investigate and make a determination about alleged sex discrimination or sex-based harassment. Therefore, submitting a complaint indicates an intentional decision to initiate a Title IX grievance process.

Complaints may be submitted in person, by email, by telephone, or by mail to the Title IX Coordinator or designee, whose contact information is listed in Section 3. of this policy.

For allegations of sex discrimination other than sex-based harassment or retaliation, the provision of Supportive Measures does not require the University, its employee, or any other person authorized to provide aid, benefit, or service on the University’s behalf to alter the alleged discriminatory conduct for the purpose of providing a Supportive Measure.

MAKING A COMPLAINT OF SEX DISCRIMINATION

The following individuals have the right to make a complaint of sex discrimination other than sex-based harassment:

• Any student or employee
• Any person (other than a student or employee) who was participating or attempting to participate in the University’s education program or activity at the time of the alleged sex discrimination
• A Complainant
• The Title IX Coordinator, after making a determination as specified below Individuals with the legal right to act on behalf of a Complainant, such as a parent, guardian, or other authorized legal representative of a minor or of an individual with a disability(ies) may also make a complaint of sex discrimination.

MAKING A COMPLAINT OF SEX-BASED HARASSMENT

The following individuals have a right to make a complaint of sex-based harassment as a form of sex discrimination:

• A Complainant
• The Title IX Coordinator, after making a determination as specified below Individuals with the legal right to act on behalf of a Complainant, such as a parent, guardian, or other authorized legal representative of a minor or of an individual with a disability(ies) may also make a complaint of sex-based harassment.

COMPLAINT WITHDRAWALS
Complainants may voluntarily withdraw any or all allegations in the Complaint. Such withdrawals must be submitted to the Title IX Coordinator in writing.

COMPLAINTS MADE BY THE TITLE IX COORDINATOR
In the absence of a Complaint or the withdrawal of any or all allegations in a Complaint, and in the absence or termination of an informal resolution process, the Title IX Coordinator will determine whether to initiate a Complaint of sex discrimination or sex-based harassment. To make this fact-specific determination, the Title IX Coordinator will consider, at a minimum, the following factors:

(1) The Complainant’s request not to proceed with initiation of a Complaint;
(2) The Complainant’s reasonable safety concerns regarding initiation of a Complaint;
(3) The risk that additional acts of sex discrimination would occur if a Complaint is not initiated;

(4) The severity of the alleged sex discrimination or sex-based harassment, including whether the discrimination or harassment, 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 the University;
(6) The scope of the alleged sex discrimination or sex-based harassment, including information suggesting a pattern, ongoing sex discrimination or harassment, or sex discrimination or harassment alleged to have impacted multiple individuals;
(7) The availability of evidence to assist a Decision-Maker in determining whether sex discrimination or sex-based harassment occurred; and
(8) Whether the University could end the alleged sex discrimination or sex-based harassment and prevent its recurrence without initiating grievance procedures.

If, after considering these and other relevant factors, the Title IX Coordinator determines that the conduct as alleged presents an imminent and serious threat to the health or safety of the Complainant or other person, or that the conduct as alleged prevents the University from ensuring equal access on the basis of sex to its education program or activity, the Title IX Coordinator may initiate a Complaint.

If initiating a Complaint as outlined in this section, the Title IX Coordinator will notify the Complainant prior to doing so and appropriately address reasonable concerns about the Complainant’s safety or the safety of others, including by providing Supportive Measures.

The Title IX Coordinator may not complete the fact-specific determination and therefore file a Complaint upon being notified of conduct that may constitute sex discrimination if the Title IX Coordinator reasonably determines that the alleged conduct could not constitute sex discrimination or sex-based harassment.

DISMISSAL OF COMPLAINTS

Reasons for Dismissal

Rockford University reserves the right to dismiss a complaint of sex discrimination, including sex-based harassment, for any of the following reasons:
(1) The University is unable to identify the Respondent after taking reasonable steps to do so;
(2) The Respondent is not participating in the University’s education program or activity and is not employed by the University;
(3) The Complainant voluntarily withdraws any or all of the allegations in the complaint, the Title IX Coordinator declines to initiate a complaint, and the University determines that, without the Complainant’s withdrawn allegations, the conduct that remains alleged in the complaint, if any, would not constitute sex discrimination under this Policy or Title IX; or
(4) The University determines the conduct alleged in the complaint, even if proven, would not constitute sex discrimination. Prior to dismissing the complaint under this paragraph, the University must make reasonable efforts to clarify the allegations with the Complainant. 

Such dismissal does not indicate that a Rockford policy violation did not occur. Therefore, Rockford may choose to address such incidents under other applicable institutional policies.

Upon dismissal, the University will promptly notify the Complainant in writing of the dismissal and the basis for the dismissal. If the dismissal occurs after the Respondent has been notified of the allegations, then the University must also simultaneously notify the Respondent in writing of the dismissal and the basis for the dismissal.

Right to Appeal Complaint Dismissal

Rockford University will also notify the Complainant that a dismissal may be appealed and provide the Complainant with an opportunity to appeal the dismissal of a Complaint on the following bases:

(1) Procedural irregularity that would change the outcome
(2) New evidence that would change the outcome and that was not reasonably available when the determination whether sex-based harassment occurred or dismissal was made
(3) The Title IX Coordinator, investigator, or decisionmaker had a conflict of interest or bias for or against complainants or respondents generally or the individual complainant or respondent that would change the outcome

If the dismissal occurs after the Respondent has been notified of the allegations, then the University must also notify the Respondent that the dismissal may be appealed on the aforementioned bases.

If the dismissal is appealed, the University will:
• Notify the Parties of any appeal, including notice of the allegations as outlined in Grievance Process A or B (as applicable) if notice was not previously provided to the Respondent
• Implement appeal procedures equally for the Parties
• Ensure that the Decision-Maker for the appeal did not take part in an investigation of the allegations or dismissal of the complaint
• Ensure that the Decision-Maker for the appeal has been trained as required under Title IX

• Provide the Parties a reasonable and equal opportunity to make a statement in support
  of, or challenging, the outcome; and
  • Notify the Parties of the result of the appeal and the rationale for the result

Complete appeal procedures can be found in Section 9.2. of the Policy.

Upon Dismissal

If a complaint is dismissed, Rockford University will, at a minimum:
• Offer supportive measures to the Complainant as appropriate
• Offer supportive measures to the Respondent as appropriate for dismissals in which the Respondent has been notified and 1.) the Complainant voluntarily withdraws any or all of the allegations, the Title IX Coordinator declines to initiate a complaint, and the University determines that without the withdrawn allegations the conduct would not constitute sex discrimination, or 2.) the University determines that the conducted alleged in the complaint, even if proven would not constitute sex discrimination, the University
• Take other appropriate prompt and effective steps to ensure that sex discrimination does not continue or recur within the University’s education program or activity

The University reserves the right to determine whether Complaints dismissed under this Policy may be addressed under other applicable institutional policies. In that instance, the Parties will receive notice in accordance with the applicable Policy and procedures.

CONSOLIDATION OF COMPLAINTS

The University may consolidate complaints of sex discrimination 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 of sex discrimination arise out of the same facts or circumstances.

If one of the complaints to be consolidated is a complaint of sex discrimination or sex-based harassment involving a student Complainant or student Respondent at the University, the grievance procedures for investigating and resolving the consolidated complaint must comply with the grievance procedures outlined in Process B.

When more than one Complainant or more than one Respondent is involved, references in this Policy to a Party, Complainant, or Respondent include the plural, as applicable.