A complaint that a law student has violated the
University's Policy on Sexual Harassment should be reported to the appropriate authority.
For this purpose the appropriate authority is the Dean or Dean's delegate.B.
The Dean or Dean's delegate should provide a
copy of the Policy and these procedures to any student, staff member, or
faculty member who believes that he/she has experienced a violation of the
Policy. While the Dean or Dean's delegate should not advise the complainant on
the validity of the complaint or act as the complainant's adviser or counselor,
the Dean or Dean's delegate should render assistance necessary to enable the
complainant to proceed with either an informal or formal complaint. C.
The Dean or Dean's delegate should inform the
complainant of the following options:
informal investigation and negotiations to resolve the complaint (see Provision
a formal complaint with the Dean or Dean’s delegate (see Provision III);
a police report, filing an action outside the University (e.g., with the EEOC,
Ohio Civil Rights Commission, Department of Education, or court of law), or
The Dean or Dean's delegate should inform the
decision to proceed informally does not preclude the filing of a formal
complaint at some later time.
filing of an informal complaint is not a prerequisite to a formal complaint.
University actions do not extend filing deadlines (e.g., statutes of
limitations) relating to actions outside the University.
alleged harasser normally does not have to be informed of the complainant's
identity if the complainant chooses the informal complaint process (see
sections 1.5, 2.2), but the alleged harasser must be informed of the
complainant's identity if the complainant chooses the formal complaint process
(see sections 3.3, 4.3); and
by the Law School on the complaint may be necessary, even if not requested by
the complainant. Such actions normally will not be taken without informing the
complainant in advance of such action.E.
Once the Dean or Dean's delegate has discussed
with the complainant the nature of the complaint and the options set out above,
the complainant shall elect what process to follow.If the complainant elects to pursue an informal resolution of
the complaint, the procedures set out in Provision 6.10.02 shall be
implemented. If the complainant elects to file a formal complaint, the
procedures set out in Provision 6.10.03 shall be implemented.If the Dean or Dean’s delegate determines that, taking the facts
alleged as true, those facts reveal a substantial violation of the Policy, or a
repeat violation of the Policy such that the Dean or Dean’s delegate may be
obligated to report the matter to the Bar, the Dean or Dean’s delegate may
proceed with an investigation over the complainant's objections.
If the complainant wishes to pursue informal
resolution of the complaint, the Dean or Dean’s delegate shall appoint a member
of the faculty or administration to pursue an informal resolution (the
negotiators). The goal of the informal resolution is to gather basic facts
about the alleged conduct and negotiate a mutually agreeable resolution to the
Upon receiving an informal complaint, the
negotiator will discuss with the complainant the behavior that prompted the
complaint; the issues involved in the complaint; the need for investigation of
the complaint; and possible resolutions of the complaint. The negotiator should
obtain the complainant's consent for informing the alleged harasser of the
complaint. The complainant should be informed that the Law School's ability to
take any action is severely limited in situations where the alleged harasser is
not apprised of the complaint (see section 2.6).C.
The scope of the investigation should be at the
negotiator's discretion. Normally, the negotiator should meet with the
complainant, the alleged harasser, and any other witnesses the negotiator deems
helpful. Normally, the negotiator will propose a resolution of the dispute and
discuss this proposal with the parties. The investigation and negotiation of
informal complaints should normally be concluded within twenty- one (21)
calendar days after they are made. When this is not possible, the negotiator
processing the complaint should notify the parties of the delay and the reasons
for such delay.D.
Normally, within ten (10) business days of
concluding the investigation and negotiation, the negotiator will notify the
Dean or Dean’s delegate, the complainant, and the alleged harasser (except in
instances of where confidentiality has been promised), in writing that the
investigation has been concluded and if a resolution has been reached. When
this is not possible, the report should be made as soon as possible thereafter.E.
Where an informal resolution is reached, it must
be approved by the Dean or Dean’s delegate. If an informal resolution is not
reached, or if the complainant is not satisfied with the informal resolution,
she/he again should be advised of the option of filing a formal complaint with
the Dean or Dean’s delegate and of the existence of options outside the
In the exceptional case where the alleged harasser
is not notified of the complaint, the investigator may still investigate and
report to the Dean or Dean’s delegate, but may recommend only corrective action
that is not a sanction against the alleged harasser (e.g., that the
complainant's class schedule be changed).
6.9.03 Process for Filing Formal Complaints
Normally, the formal complaint process is
initiated by the filing of a formal written complaint by the complainant with
the Dean or Dean’s delegate. In exceptional circumstances, the or Dean’s delegate
can initiate the formal complaint process.B.
The Dean or Dean’s delegate shall appoint a
faculty member or administrator to be primarily responsible for the
investigation of the complaint (the investigators).
The Dean or Dean’s delegate or the investigator
shall inform the alleged harasser of the allegations and identity of the
complainant at the commencement of the process, and give her/him a copy of the
policy and these procedures. The alleged harasser should be informed that
retaliation against the complainant is unlawful and that the school will take
steps to prevent and punish any retaliation that occurs.D.
The purpose of the investigation is to determine
whether reasonable grounds exist to believe a violation(s) of the sexual
harassment policy has occurred. The investigator will interview the
complainant, the alleged harasser, and other persons with relevant information.
The alleged harasser will be afforded full opportunity to respond to the
allegations. Throughout the investigation, steps to preserve the
confidentiality of all persons involved will be taken by the investigator.E.
Matters to be investigated include:F.
The possible outcomes of the investigation are:G.
Investigations of formal complaints should be
concluded within thirty (30) calendar days after they are made. When it is not
reasonably possible to conclude the investigation within that amount of time,
the investigator will notify the complainant and the alleged harasser in
writing of the delay and reasons for the delay.H.
Upon conclusion of the investigation of a formal
complaint, the investigator will prepare a written report describing his/her
(1) findings of fact; (2) finding as to whether a violation of the Policy
occurred; and (3) recommendations as to appropriate sanctions (if a violation
occurred). The investigator's recommendations as to appropriate sanctions must
be approved by the Dean or Dean’s delegate. The investigator will provide a
copy of this report to both the complainant and the alleged harasser.I.
The parties will then be given the option to
resolve the matter in accordance with the investigator's findings and
recommendations. The parties will also be given the option to proceed to a
formal hearing. If either party chooses to proceed to a formal hearing, that
party must so notify the Dean or Dean’s delegate in writing within 10 business
days of receiving the investigator's report.J.
If either party notifies the Dean or Dean’s
delegate that he/she wants to proceed to a formal hearing, the Dean or Dean’s
delegate will appoint a panel of 5 persons. This panel shall be composed of
three faculty members (one of whom shall be designated as the chair) and two
students. All panel members shall have full voting rights. No person involved
in the case (e.g., as a witness, investigator, or negotiator) shall be a member
of the panel. The Dean or Dean’s delegate will notify the parties in advance of
who has been appointed to the panel, and the Dean will consider any objections
that the parties may raise.K.
The panel shall conduct a hearing as promptly as
circumstances will allow. The hearing shall be informal and not adversarial in
nature, and will be more analogous to an administrative hearing than to a
The panel shall present its views in writing to
the Dean or Dean’s delegate on whether a violation of the Policy occurred. If a
majority of the panel has found that a violation occurred, then it shall also
recommend appropriate sanction[s]. The panel shall also provide the Dean or
Dean’s delegate with all files and records from the investigation and hearing.
The panel's decision and recommendation are not binding on the Dean or Dean’s
The Dean or Dean’s delegate shall make the final
decision on whether the alleged harasser violated the Sexual Harassment Policy.
If the Dean or Dean’s delegate decides that the alleged harasser did violate
the policy, the Dean shall impose appropriate sanctions. These sanctions may
take the form of counseling, verbal or written reprimands, notations in the
student's file, notification of the appropriate Bar or Bars, suspensions, or
other action, up to and including dismissal. The Dean's or Dean’s delegate’s
decision shall be provided to the parties in writing. N.
Within 10 business days of receiving the Dean's
or Dean’s delegate’s final decision, either party may request that the
President of the University review this decision for either (1) material and
prejudicial departure from established procedures; and/or (2) abuse of
the alleged harasser was aware of the complainant's concern regarding the
any prior steps were taken to resolve the complaint.
finding that a violation of the Policy occurred; or
finding that no violation of the Policy occurred; or
negotiated settlement of the complaint. A negotiated settlement of the
complaint may be entered at any time during this process. A negotiated
settlement must be approved by both parties and by the Dean or Dean’s delegate.
to the hearing, the panel may review the files and reports prepared by the
investigator and negotiator.
alleged harasser has the right to be present during the hearing, the right to
question all witnesses, and the right to be present during the complainant's
own witnesses and evidence.
complainant and/or the alleged harasser may be accompanied by an attorney at
the hearing. (The attorney must not be employed by Capital University.) The
attorney may participate at the hearing, subject to the control of the panel
parties will be responsible for bringing their own witnesses and other
evidence. The panel may also call witnesses, or provide assistance to the
parties in obtaining witnesses.
decision of the panel shall be by majority vote and shall be based on the
policy and rules of the Law School and the evidence of the hearing.
The complainant and/or alleged harasser may be
accompanied at the initial complaint and subsequently as appropriate) by a
friend, family member, attorney, or other individual whose presence is
necessary to provide support.B.
To the extent possible, the Dean or Dean’s
delegate, the negotiator, the investigator and any hearing panel will treat as
confidential all information received in connection with the filing,
investigation, and resolution of complaints, except as necessary to conduct the
Anonymous complaints will only be permitted to
trigger the informal complaint process. See Sections 6.10.01(D), 6.10.02(B),
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