Flowchart

OEO Formal Complaint Process (Text-only version)

Notice to OEO

When OEO receives notice, they will reach out to the individual who experienced the conduct about supportive measures and options for addressing the conduct.  That individual may have the option to initiate a formal complaint.

Formal Complaint Initiated

Complainant (person bringing the complaint) provides information to OEO and a written Notice of Formal Complaint is created.  Emerson can also initiate an administrative complaint under certain circumstances.

Formal Complaint Initiated

Complainant (person bringing the complaint) provides information to OEO and a written Notice of Formal Complaint is created.  Emerson can also initiate an administrative complaint under certain circumstances.

Respondent can provide an optional statement in response to the complaint.

OR

Respondent can accept charges and proceed to question of sanctions.

Informal Resolution Process (optional)

Complainant and Respondent can voluntarily agree to engage in an informal process to reach a resolution at any point in the process until the Process Determination.

Investigative Procedure

An OEO assigned investigator(s) will conduct a prompt, thorough and impartial investigation into the allegations raised in the Formal Complaint.  The investigator will work with the parties to identify relevant information.  The investigator will interview parties and witnesses, and review documents relevant to the allegations.  At the conclusion of the investigation, an Investigative Report will be prepared.  Both parties can review and comment on the report before it is final.

Investigative Procedure

An OEO assigned investigator(s) will conduct a prompt, thorough and impartial investigation into the allegations raised in the Formal Complaint.  The investigator will work with the parties to identify relevant information.  The investigator will interview parties and witnesses, and review documents relevant to the allegations.  At the conclusion of the investigation, an Investigative Report will be prepared.  Both parties can review and comment on the report before it is final.

Title IX Grievance Process

Applied when the conduct falls into the definition of Title IX Sexual Harassment or Title IX Sexual Violence AND meets 3 jurisdictional requirements: (1) occurred in U.S., (2) occurred in an Emerson program or activity, and (3) the Complainant is participating in College program.

Investigative Report goes to a Decision-Making Panel of three people (staff, faculty or someone from outside the College).  A live video-conference hearing is held.  Panel and the parties (only through their support person/advisor) can ask questions of the parties and witnesses. 

OR

Formal Resolution Process

Applied when the conduct does not fall into the definition of Title IX Sexual Harassment or Title IX Sexual Violence OR does not meet the 3 jurisdictional requirements, but still may be a violation of policy.

Investigative Report goes to a Decision-Making Panel of two or three people (staff or faculty).  The Panel reviews the Investigative Report and supporting materials to make their decision without a hearing.

In Both Processes

The Panel decides whether the Respondent violated Emerson policy. If responsible, sanctions are decided by Community Standards or an employee’s supervisor/dean with Human Resources.  Both parties are notified of the outcome in writing.

Appeal

Both parties have the right to appeal the Panel’s decision.  Must be filed within 7 business days of the notice of outcome.