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Addressing Sexual Misconduct The Butler Way

Complainant and Respondent Rights under The Sexual Misconduct Policy

Both Complainant and Respondent are afforded certain rights within the Administrative Investigation and Adjudication Process under the Sexual Misconduct Policy. These rights are summarized below. For a full explanation of rights, please refer to the Policy.

  • Advisors
    • Each party may select an advisor of their choice. This advisor may be internal or external to the University and may be, but is not required to be, an attorney.
    • The advisor may be present in all phases of the Administrative Investigation and Adjudication Process.
      • During the investigation phase of the process, the advisor may not participate directly.
      • During the adjudication phase, the advisor will ask questions of the other party, witnesses, and investigator on behalf of their advisee. If a party does not have an advisor, the University will provide one.
    • Each party’s advisor will also be provided with all materials that are provided to the parties.
      • A party may request that some or all of these materials not be provided to their advisor. Such requests will be honored, and it will be left to the discretion of that party to share materials with their advisor as they see fit.
  • Disability Accommodations
    • Parties may seek reasonable accommodations for any part of the sexual misconduct process. Students should contact Student Disability Services (SDS) for assistance. Employees should contact their HR Consultant at
  • Presumption of Non-Responsibility
    • While a case is pending, Respondent is presumed to be not responsible for violating the Policy.
      • This means that the University will not treat Respondent as though they are responsible prior to a finding of responsibility.
      • This does not mean that any party will be viewed as credible or not credible simply based on their status as Complainant or Respondent.
    • The determination of responsibility will be made by a decision-maker after a live hearing.
  • Challenge to Investigator Impartiality
    • The Title IX Coordinator will appoint an investigator to conduct a thorough, impartial, and equitable investigation. Each party will be notified of this appointment in writing.
    • Complainant and Respondent each have the opportunity to challenge the appointment of the investigator for lack of impartiality or conflict of interest.
      • The challenge must be submitted in writing within three business days of notice of appointment, and must include a justification for the challenge.
  • Submission of Information
    • Each party has the opportunity to share their perspective with the investigator, to identify witnesses with information directly related to the alleged incident, and to provide written documentation directly related to the allegations. If either party chooses not to share information, the investigation will continue without the benefit of their participation.
  • Investigation Report Review and Response
    • Upon completion of the information-gathering phase of the investigation, the investigator will prepare a Preliminary Investigation Report.
    • Each party and their respective advisors will be provided with the Preliminary Investigation Report.
      • If a party has requested that their advisor not be provided with the Preliminary Report, the report will only be provided to that party, who can then share with their advisor as they see fit.
      • Parties will have ten (10) business days to submit a response to the Preliminary Report
    • After this 10-day period has passed, the investigator will create a Final Investigation Report and submit it to the Title IX Coordinator.
      • The Title IX Coordinator will provide the Final Report to the parties and their respective advisors at least ten (10) business days prior to the hearing.
        • If a party has requested that their advisor not receive the Final Report, the Title IX Coordinator will not share the Final Report with that advisor. That party has discretion to share with their advisor as they see fit.
      • Each party will have the opportunity to submit a response to the Report within those 10 business days.
  • Determination of Responsibility
    • A determination of responsibility will be made after a live hearing before a decision-maker. This decision-maker could be one person or a panel of people. Determinations of responsibility are made by the decision-maker in closed deliberations and are based on the preponderance of the information (more likely than not) standard.
  • Appeals
    • Each party has the opportunity to appeal the decision-maker’s determination of responsibility to the appropriate appellate official.
    • Grounds for appeals are limited to the following:
      • Procedural error or omission that significantly impacted the outcome of the case,
      • Availability of new information that could substantially impact the outcome of the case, and/or
      • Conflict of interest or bias on the part of the Title IX Coordinator, investigator, or hearing panel.
        • This includes bias for or against Complainants or Respondents generally, or for or against a specific Complainant or Respondent in the matter.
    • Instructions for submitting an appeal will be included in the notice of outcome.