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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) 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, provided it falls under the jurisdiction of the Sexual Misconduct Policy. Below is a summary of supportive measures and options for resolving a report.

Supportive Measures

Supportive measures are non-disciplinary, non-punitive individualized services offered as appropriate and reasonably available, without fee or charge to the Complainant or the Respondent, before or after the filing of a formal complaint or where no formal complaint has been filed.

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
  • On-campus work adjustments
    • May include:
      • Altering work schedule(s)
      • Arranging for a different workspace
  • University Building Ban
    • A directive prohibiting a party from being present in a particular building on University property.
  • 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

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.
    • A formal complaint triggers the 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.
  • Each party has the right to end an informal resolution process and request that the Administrative Investigation and Adjudication Process resume at any time prior to the conclusion of the informal resolution process.