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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) 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, including counseling, medical assistance, advocacy services, and supportive measures. Supportive measures can include academic adjustments, work schedule changes, on-campus housing changes, no contact orders, etc.

The Complainant will also be offered options for resolving the report under the Sexual Misconduct Policy, if the Policy applies to that particular case.

When Does the Sexual Misconduct Policy Apply?

There are two main factors that determine whether Butler’s Sexual Misconduct Policy applies to a report:

  • WHO is the respondent (person alleged to have engaged in sexual misconduct)?
    • The policy applies to employees, students, and affiliates of Butler
    • If the respondent is not affiliated with Butler, the policy does not apply
  • WHERE did the alleged misconduct take place?
    • The policy applies to conduct that occurred
      • On University property
      • Within the context of a University employment or education program
      • Off campus and outside the context of a University program, but has continuing adverse effects on campus and/or within a University program

Options for Resolving a Report of Sexual Misconduct

If the Sexual Misconduct Policy applies, the Complainant has several options for resolving the report:

  • No University Action
    • Complainant can request that the University take no action
    • This request will be honored, as long as it does not conflict with the University’s obligation to provide a safe, non-discriminatory environment for all
    • Respondent will not be informed that a report has been made
  • Informal Resolution
    • Complainant can request that the report be resolved informally, through mediation or other options
    • This request will be honored, as long as it does not conflict with the University’s obligation to provide a safe, non-discriminatory environment for all
    • Respondent will be informed that a report has been made, but in some circumstances, Complainant can remain anonymous
  • Administrative Investigation Process (Formal Resolution)
    • Complainant can request a formal resolution
    • In some circumstances, the University may decide a formal resolution is required outside of Complainant’s wishes
      • Usually due to safety concerns
    • 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
    • The Title IX Coordinator will refer the case to an investigator, who will then begin an investigation
    • Each party can participate as much or as little as they wish
      • Each party is given the opportunity to provide relevant information, but no one will be forced to participate or to provide information
    • At the end of the investigation, the investigator will create a Preliminary Investigation Report
    • Each party will have seven calendar days to review the Preliminary Investigation Report and submit a response
      • Each party will also be provided with any response submitted by the other party and given the opportunity to respond within three calendar days
    • The investigator will finalize the Preliminary Investigation Report, incorporating the responses of the parties at their discretion, and making a final recommendation regarding outcome, including sanctions, if applicable.
      • This Final Investigation Report will be submitted to the Title IX Coordinator
    • The Title IX Coordinator will make a determination of outcome, using the preponderance of the information standard
      • Each party will receive written notice of the outcome within ten calendar days of the submission of the Final Report
    • Each party has the opportunity to appeal the outcome within seven calendar days of delivery of the written notice of outcome
      •  Appeals must be based on one of the following grounds:
        • Significant procedural error
        • New information