Skip to main content
Aerial view of campus
Addressing Sexual Misconduct The Butler Way

University Response to Reports of Sexual Misconduct

After a report of sexual misconduct is made to the University, the Title IX Coordinator will reach out to the Complainant (the person alleged to have experienced sexual misconduct) promptly via email. The email will include information about rights, options, and resources, a link to this website, and an invitation to meet. The Complainant is not required to respond to this email or meet with the Title IX Coordinator.

If the Complainant chooses to meet with the Title IX Coordinator, they will be offered information about resources available to them on campus and in the community, supportive measures, and options for resolving the report of sexual misconduct. Below is a summary of supportive measures and options for resolving a report. Please refer to the Sexual Misconduct Policy and/or the Non-Discrimination Policy for a full explanation.

Supportive Measures

Supportive measures are non-punitive, non-disciplinary individualized services meant to protect or restore an individual’s equal access to the University’s employment or education programs or activities.

These measures are available to Complainants regardless of how they choose to resolve a report. They are also available to Respondents during the Administrative Investigation and Adjudication Process.

Supportive measures may include:

  • Academic adjustments
    • May include:
      • Requesting flexibility regarding deadlines or class attendance
      • Changing course schedules
  • Campus escorts
  • Housing adjustments
    • Altering the on-campus housing situation of a student or employee
  • On-campus work adjustments
    • May include:
      • Altering work schedule(s)
      • Arranging for a different workspace
  • Residential Community Ban
    • A directive prohibiting a party from being present on the property of a particular on-campus residential community.
  • University Administrative No Contact Orders
    • Unless otherwise stated in writing, a person who is issued an Administrative No Contact Order by the University may not have contact with specific individuals for a period of time, either directly, indirectly, or through third parties.
    • Administrative No Contact Orders are separate and distinct from court actions, such as Protective Orders and Restraining Orders.
  • Other supportive measures as needed
    • Including adjustments to dining arrangements, extracurricular commitments, etc.

Resolving a Report of Sexual Misconduct

One of two University policies may apply to a report of sexual misconduct, depending on the circumstances. If University policy applies to a report of sexual misconduct, the Complainant will be offered options for resolving the report under the applicable policy.

The Sexual Misconduct Policy

When does the Sexual Misconduct Policy apply?

In order for the Sexual Misconduct Policy to apply, all of the following factors must be satisfied:

  • The report alleges conduct that is prohibited under the Policy
    • The Sexual Misconduct Policy prohibits the following:
      • Sexual harassment
        • Conduct on the basis of sex that satisfies one or both of the following conditions:
          • Quid Pro Quo: An employee conditioning the provision of an aid, benefit, or service of the University on an individual’s participation in unwelcome sexual conduct; or
          • Denial of Equal Access: Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the University’s education program or activity.
      • Sexual assault
      • Dating violence
      • Domestic violence
      • Stalking
      • Retaliation
        • Intimidation, threats, coercion, or discrimination:
          • Toward any individual because that individual has made a good faith report of prohibited conduct, participated in the process outlined by this Policy, or chosen not to participate in this process.
          • For the purpose of interfering with any right or privilege secured by federal law or University policy.
      • Note: unless specified, definitions of prohibited conduct are the same under both The Sexual Misconduct Policy and the Non-Discrimination Policy.
  • The Respondent (person alleged to have engaged in sexual misconduct) is a Butler student or employee, both at the time of the alleged incident and at the time of the report
    • Students are defined as:
      • Those enrolled in any courses in any format at the University, or
      • Those having a continuing relationship with the University, such as those eligible and/or applying for reenrollment and/or readmission, or those involved in an appeal or grievance process
    • Employees are defined as:
      • All persons legally defined as employees of the University
  • The prohibited conduct is alleged to have taken place in one of the following contexts:
    • On campus or other property owned or controlled by the University
    • A University education program or activity
      • Locations, events, or circumstances in which the University exercises substantial control over both the Respondent and the context in which the alleged conduct occurs
    • In any building owned or controlled by a student organization that is officially recognized by the University
  • The Complainant was in the United States when the prohibited conduct is alleged to have taken place

Options for Resolving a Report

Under the Sexual Misconduct Policy, Complainants have two primary options for resolving a report of sexual misconduct:

  • Request No University Action
    • The Complainant can request that the University take no action.
      • The Complainant’s decision not to respond to the Title IX Coordinator’s outreach or not to meet with the Title IX Coordinator will be treated as a request for no University action.
    • Generally, this request will be honored. In some limited circumstances, the University may determines that there is a need to move forward outside of the Complainant’s wishes. This happens rarely, and is usually due to safety concerns.
      • If the University decides to move forward, the Complainant will be informed of this decision. They may participate in the process if they wish, but they are not required to participate. Complainant will be provided with all notifications, information, and updates throughout the process.
    • If Complainant’s request for no University action is honored, Respondent will not be informed that a report has been made.
  • Submit a Formal Complaint
    • A formal complaint is a document filed by a Complainant or signed by the Title IX Coordinator alleging that a Respondent engaged in sexual misconduct and requesting an investigation into the allegation(s).
      • The Complainant may file a formal complaint with the Title IX Coordinator in person, by postal mail or email, or through the online reporting system.
        • The complaint must be physically or electronically signed by the Complainant or otherwise indicate that the Complainant is the person filing the formal complaint.
      • In order to submit a formal complaint, the Complainant must be participating or attempting to participate in a University education program or activity.
    • A formal complaint triggers the Sexual Misconduct Administrative Investigation and Adjudication Process.
      • Respondent will be informed that a report has been made.
      • Complainant cannot remain anonymous.
        • In order to provide Respondent with a full and fair opportunity to respond to the allegations, they need to know who is making the allegations.
      • Each party will receive a Notice of Allegations, indicating what is under investigation and providing information about the process.

After a formal complaint has been submitted and Notice of Allegations has been sent, parties have the option to request an informal resolution. This request can be made at any time before a determination of responsibility has been made.

  • Requirements for an informal resolution:
    • Submission of a formal complaint
    • Written, voluntary consent of all parties
  • Informal resolution is NOT available in cases involving a student Complainant and employee Respondent.
  • Types of informal resolution:
    • Mediation
    • Agreement to Outcome
    • Other forms of informal resolution
      • Any party may consult with the Title IX Coordinator regarding other options for informal resolution.
  • The Title IX Coordinator retains discretion to determine whether an informal resolution option is appropriate for a given case.
  • Any party may choose to withdraw from an informal resolution process and request that the Administrative Investigation and Adjudication Process resume at any time prior to the signing of an informal resolution agreement, including a mediation agreement.

The Non-Discrimination Policy

When does the Non-Discrimination Policy apply?

In order for the Non-Discrimination Policy to apply, all of the following factors must be satisfied:

  • The report alleges conduct that is prohibited under the Policy
    • The Non-Discrimination Policy prohibits the following:
      • Sex- and gender-based discrimination and harassment
      • Sexual harassment
        • Any unwelcome sexual advance, request for sexual favors, or other    unwelcome conduct of a sexual nature, whether verbal, nonverbal, graphic, physical, electronic or otherwise, that satisfies one or both of the following conditions:
          • Quid Pro Quo: Submission to or rejection of such conduct is made, either explicitly or implicitly, a term or condition of a person’s employment, academic standing, or participation in any University programs and/or activities or is used as the basis for University decisions affecting the individual; or
          • Hostile Environment: A hostile environment exists when the conduct is sufficiently severe, persistent, or pervasive that it unreasonably interferes with, limits, or deprives an individual from participating in or benefitting from the University’s education or employment programs and/or activities.
      • Sexual assault
      • Sexual exploitation
      • Dating violence
      • Domestic violence
      • Stalking
      • Retaliation
        • Material adverse action taken against a person for making a good faith report of prohibited conduct or participating in this process. Retaliation is prohibited, regardless of the outcome of the case.
      • Note: unless specified, definitions of prohibited conduct are the same under both The Sexual Misconduct Policy and the Non-Discrimination Policy.
  • The Respondent (person alleged to have engaged in sexual misconduct) falls into one of the following categories, both at the time of the alleged incident and at the time of the report:
    • Students
      • Those enrolled in any courses in any format at the University, or
      • Those having a continuing relationship with the University, such as those eligible and/or applying for reenrollment and/or readmission, or those involved in an appeal or grievance process
    • Employees
      • All persons legally defined as employees of the University
    • Third Parties
      • Affiliates, visitors, contractors, or vendors
  • The prohibited conduct is alleged to have taken place in one of the following contexts:
    • On campus or other property owned or controlled by the University
    • A University employment or education program or activity, including, but not limited to:
      • University-sponsored study abroad, research, or online programs, or
      • University-controlled internship programs
    • The conduct occurs outside the context of a University employment or education program or activity, but:
      • Has continuing adverse effects that create a hostile environment for students or employees while on campus or in any University employment or education program or activity, or
      • Presents an ongoing risk to the safety of the University community

Options for Resolving a Report

Under the Non-Discrimination Policy, Complainants have the following options for resolving a report:

  • No University Action
    • The Complainant can request that the University take no action.
      • Note: the Complainant’s decision not to respond to the Title IX Coordinator’s outreach or not to meet with the Title IX Coordinator will be treated as a request for no University action.
    • Generally, this request will be honored. In some limited circumstances, the University may determines that there is a need to move forward outside of the Complainant’s wishes. This happens rarely, and is usually due to safety concerns.
      • If the University decides to move forward, the Complainant will be informed of this decision. They may participate in the process if they wish, but they are not required to participate. Complainant will be provided with all notifications, information, and updates throughout the process.
    • If Complainant’s request for no University action is honored:
      • Respondent will not be informed that a report has been made.
      • Complainant has nine months from the date that they are notified their request for no University action will be honored to request that the matter be reopened and referred to a formal resolution process.
  • Informal Resolution
    • A Complainant may request that the report be resolved informally, through mediation or other options.
    • Generally, this request will be honored. In some limited circumstances, the University may determines that there is a need to move forward outside of the Complainant’s wishes. This happens rarely, and is usually due to safety concerns.
    • Respondent will be informed that a report has been made, but in some circumstances, Complainant can remain anonymous.
  • Formal Resolution
    • A Complainant may request formal resolution through the Non-Discrimination Administrative Investigation and Adjudication Process 
    • Respondent will be informed that a report has been made
    • Complainant cannot remain anonymous
      • In order to provide Respondent with a full and fair opportunity to respond to the allegations, they need to know who is making the allegations