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Complaint Resolution Process: Policy Against Discrimination, Harassment & Sexual Violence

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Complaint Resolution Process: Policy Against Discrimination, Harassment & Sexual Violence Complaint Resolution Process: Policy Against Discrimination, Harassment & Sexual Violence

Effective August 2025

Contents

  1. Who Does This Process Apply To?
  2. Initial Complaint & Investigation
    1. Support Person/Advisor
  3. Initiating a Formal Complaint
    1. Privacy / Non-Retaliation Requirements
    2. Notice to the Respondent
    3. Dismissal of Formal Complaint
  4. Investigative Procedure
    1. Timing
    2. Cooperation
    3. Accommodations
    4. Providing Information
    5. Scope of Investigation
    6. Impermissible Information
    7. Recording Interviews
    8. Investigative Report
  5. Process Determination
  6. Formal Complaint Resolution
    1. Informal Resolution
    2. Student Formal Resolution
    3. Employee Formal Resolution
  7. Appeals
  8. Other Considerations
    1. Amnesty/Help Seeking Policy
    2. Right to Investigate and Decide Other Conduct Violations
    3. Criminal Conduct
    4. Family Notification/Communication
    5. Transcript Notations
    6. Maintenance of Records

The Office of Equal Opportunity (OEO) is responsible for receiving, reviewing and investigating alleged violations of the Policy Against Discrimination, Harassment, and Sexual Violence (Policy). The Complaint Resolution Process (Process) provides the process through which OEO will conduct a prompt and equitable review and resolution of concerns reported by students, employees (staff and faculty) and, in some cases, third-parties who may have experienced conduct in violation of the Policy. When the College receives notice of a report of conduct that may implicate the Policy, OEO will review the options for resolution, which may include an Informal Resolution, initiation of a Formal Complaint, or other steps to end the conduct, prevent its recurrence and eliminate any effects from the conduct in the community. If the conduct implicates Title IX, the Title IX Grievance Process will be used after the completion of the Investigative Procedure. The Associate Vice-President for Equal Opportunity & Compliance serves as the Title IX, Title VI, and ADA/Section 504 Coordinator for Emerson College (sonia_jurado [at] emerson.edu (sonia_jurado[at]emerson[dot]edu); 617-824-8999).1

When Emerson is notified of a possible violation of the Policy, the Office of Equal Opportunity (OEO) will attempt to communicate with the person who experienced the conduct, who is referred to as the Impacted Party. This person may be the same or a different person than the Reporting Party, who is the individual who brought the matter to the attention of the College. The person against whom the Complaint is brought is the Respondent.

OEO will inform the Impacted Party of supportive/interim measures and resources, which are available (without fee or charge) regardless of whether a formal complaint will be filed or a process is being pursued. OEO will also inform the Impacted Party of the available options for addressing the conduct within the College. An Impacted Party may also have the option to concurrently pursue separate legal remedies outside of the College, including filing criminal charges with the police, filing a civil legal action and/or filing an administrative complaint. Under certain circumstances, the College may need to pursue a Formal Complaint even if the Impacted Party is not interested in pursuing action. In that situation, the College will notify an Impacted Party when a Formal Complaint is being initiated and will make sure to offer supportive measures and resources. If a Formal Complaint is initiated under this Complaint Resolution Process, a determination will be made regarding the final adjudication of the complaint (either the Formal Complaint Resolution process or Title IX Grievance Process) after the Investigative Procedure (described below) has closed.

I. Who Does This Process Apply To?

The Policy Against Discrimination, Harassment & Sexual Violence (Policy) applies to all students2 , employees (staff and faculty)3 and any other individuals who participate in the College’s programs or activities. This Complaint Resolution Process (Process) is applicable to discrimination, harassment and/or sexual violence (sexual assault, relationship violence, stalking, sexual exploitation) that occurred on-campus, occurred off-campus in an Emerson program, activity or event (including, but not limited to, any national College-sponsored programs or College-led trips), or that occurred off-campus but may be impacting an individual’s ability to participate in the College’s programs or activities on-campus. There is no time limitation for submitting a report alleging a violation of the Policy. However, as time passes, the information available about the incident and the College’s options for addressing the conduct of individuals no longer affiliated with Emerson may become limited. Matters will be adjudicated under the Process in effect at the time the complaint is initiated. There also may be circumstances where the alleged conduct occurred outside of the United States, Emerson maintains the option of whether to exercise discretionary jurisdiction over that incident, as discussed below.4

A. Non-Affiliates/Conduct Outside the United States

On occasion, the person accused of discrimination, harassment, or sexual violence may be someone who is not affiliated with, or is no longer affiliated with, Emerson College. Under those circumstances, the College’s ability to respond to the incident may be limited. Emerson can provide supportive/interim measures and resources, available both on and off campus, to an Impacted Party who is a member of the Emerson community. The College can also provide information regarding any off-campus options that may be available to address the conduct, including referring the matter to law enforcement or another institution. When appropriate, Emerson has the discretion to restrict a non-affiliated person’s access to campus or other Emerson property.

When the person who experienced the conduct is not (or is no longer) a College affiliate or the conduct occurred outside the United States, Emerson maintains the option to exercise discretionary jurisdiction over that incident. Concerns raised by a non-affiliated person or third party, or that happened outside the United States, should be referred to the Office of Equal Opportunity (OEO) (oeo [at] emerson.edu (oeo[at]emerson[dot]edu); 617-824-8999) for a determination regarding whether Emerson will exercise discretionary jurisdiction over that complaint. In determining whether to exercise discretionary jurisdiction over these types of matters, Emerson will consider many factors, including: (1) any impact the conduct may have on the College community, (2) local laws, (3) the ability to conduct an effective investigation, (4) the information that may be available regarding the alleged conduct, and (5) any other other factors deemed to be relevant by the College. The College reserves the right to investigate the allegations to the extent necessary to better understand the conduct before deciding whether to exercise discretionary jurisdiction over the matter.

II. Initial Complaint & Investigation

Concerns about conduct that may violate the Policy Against Discrimination, Harassment and Sexual Violence (Policy) should be reported to the Office of Equal Opportunity (OEO). These Initial Complaints can be submitted via email (oeo [at] emerson.edu (oeo[at]emerson[dot]edu)), through the online reporting portal, or by scheduling a time to meet with someone from OEO (oeo [at] emerson.edu (oeo[at]emerson[dot]edu)). When an Initial Complaint of an alleged violation of the Policy is received, OEO (or their designee) will conduct an Initial Investigation of the reported concern and will review any provided and readily available information. This may include meeting with the Impacted Party, the Reporting Party, or anyone else who may be able to provide information about the report5 . This Initial Investigation is a means of gathering information to evaluate whether the alleged conduct could constitute a violation of the Policy and what options may be available to address the conduct. When meeting with an Impacted Party, OEO will review these options with them. The decision regarding what resolution option is appropriate in response to the Initial Complaint will be made by OEO, at their discretion, based on the available information, applicable policy/law, and with consideration of the wishes of the Impacted Party where possible. OEO may also refer the matter to another office on campus if the alleged conduct implicates another College policy. If, based on the available information, OEO determines that the conduct as reported does not appear to reasonably constitute a violation of the Policy, the Initial Complaint will be closed6. OEO will strive to complete the Initial Investigation within a reasonably prompt timeframe after receiving the report. Depending on the complexity of the alleged conduct, more or less time may be required to complete this process. OEO will do its best to update the Impacted Party on the status of the initial investigation. The Impacted Party is always welcome to contact OEO (oeo [at] emerson.edu (oeo[at]emerson[dot]edu); 617-824-8999) at any time for information regarding the status of the matter.

If the Initial Investigation suggests the conduct does not implicate the Policy, but it is still of concern to the College, OEO has the option to utilize an Informal Resolution, including educational conversations, to bring the concerns to the attention of the individual that is the subject of the report. In these situations, it will be made clear that no finding of responsibility has been made regarding the report, but that the conduct warrants being brought to the individual's attention. The purpose of the Informal Resolution is to educate the accused individual about the Policy and to support them in understanding the impact their conduct had on the Impacted Party.

A. Support Person/Advisor

The College recognizes that going through the Complaint Resolution Process can be stressful for all involved (students, staff and faculty). To help support the Impacted Party and the Respondent (individually referred to as a “Party”), each is allowed to have one approved support person or advisor present at any meeting with OEO under this Process. Within two (2) business days prior to any meeting under this Process, a Party must provide the AVP (or their designee) with the identity and contact information (e-mail and telephone) of the requested support person/advisor who will be accompanying them to that meeting. Generally, a Party may select one support person/advisor of their choice. The expectation is that this person will serve as the Party’s support person/advisor for the duration of the Process. The support person/advisor need not be affiliated with the College (e.g. a friend, a family member, a person from a support or advocacy agency, legal counsel, etc.), but there are some exceptions regarding who can be a support person/advisor.7 Witnesses are not allowed to have a support person/advisor, nor can they act as a support person/advisor within this Process. A support person/advisor also cannot be someone who may present a conflict of interest or who may unduly interfere with OEO’s ability to conduct its investigation such as: co-workers within a department, individuals in the same reporting chain, or someone who may be in a position of authority over one or both Parties, or for any other potential conflict as determined by the AVP (or their designee), at their discretion. The AVP (or their designee) will let the Party know if there are any concerns regarding their chosen support person/advisor, so they can choose an alternate person to serve in that role.

A support person/advisor will acknowledge and sign the Privacy/Non-Retaliation Requirements document agreeing that any information shared with them in any meetings they attend or information they review in this role will not be disclosed. (See Privacy/Non-Retaliation Requirements below for more information) The support person/advisor’s role in this Process is to observe the proceedings and provide passive support to the Party, but not to participate. That means:

  • All conversations under this Process will occur with the Party directly.
  • A support person/advisor will only provide support to the Party through their presence.
  • A support person/advisor will not speak on behalf of the Party or otherwise participate in any meetings in this Process.
  • A support person/advisor can take notes for the Party, request breaks on behalf of the Party or request to meet with the Party in a breakout room, as needed.8

OEO will not communicate with a support person/advisor directly and will never communicate without the inclusion of the Party. OEO may reach out to the support person/advisor, copying the Party, to make sure they understand their role in this Process and to have them sign the Privacy/Non-Retaliation document. A support person/advisor must make themselves readily available for any meetings, and cannot delay the process. If at any point a support person/advisor becomes disruptive or is otherwise unable to comport themselves within the support person/advisor role, or unduly interferes with OEO ability to conduct its investigation they will be asked to leave the meeting. Only documentation, statements or comments written and submitted by a Party will be accepted. Submissions prepared or written by support person/advisors, including friends, family, advisors or attorneys, will not be considered in the Process.

III. Initiating a Formal Complaint

A Formal Complaint may be initiated in two ways: (1) through a Party-Initiated Formal Complaint, or (2) through a College-Initiated Formal Complaint. Before initiating a complaint, an Impacted Party will meet with OEO to learn more about the Complaint Resolution Process, supportive measures and resources and to provide information regarding the alleged conduct. The Formal Complaint comes from information provided by the Impacted Party, and memorialized in the Notice of Formal Complaint (discussed below) by OEO. The College can also choose to independently initiate a College-Initiated Formal Complaint. This type of complaint may be initiated in situations where the conduct at issue poses a threat to campus safety, when the conduct is discovered by the College (rather than through a report), when allegations are made against a College employee, when a specific impacted individual cannot be identified, or when, even though the Impacted Party may not want to move forward, the matter is of concern to the College. The Notice of Formal Complaint is a document that is created by OEO from information obtained during the Initial Investigation.

Both the Impacted Party and Respondent (Parties) will be treated equitably throughout this process. As discussed below, at the conclusion of the Investigative Procedure, a determination will be made regarding the final adjudication of the Complaint through either the Formal Complaint Resolution or Title IX Grievance Process.

A. Privacy / Non-Retaliation Requirements

Throughout the Complaint Resolution Process, information shared with the Parties, witnesses, and Support Person/Advisors should not be shared with anyone else. All Parties, witnesses, and Support Person/Advisors participating in the Process will be subject to a Privacy/Non-Retaliation Requirements document agreeing that information obtained through the Process should not be disclosed. While Parties are not restricted in their ability to obtain information in this Process (including by speaking to witnesses), they must also protect the privacy of the other Party and witnesses. Any unauthorized disclosure of information obtained through Process is a violation of this Process and will be addressed through the appropriate conduct process. The Impacted Party, Respondent, any Support Person/Advisor, and all witnesses will also be advised of the prohibition against retaliation, and that they are protected against retaliation.

B. Notice to the Respondent

After a Formal Complaint has been initiated through the Office of Equal Opportunity (OEO), the Respondent (student, staff or faculty) will meet with OEO to receive and review the written Notice of Formal Complaint. In that meeting with OEO, there will be a review of the Notice of Formal Complaint and the process, including the option for an Informal Resolution, the Investigative Procedure, the Formal Complaint Resolution, and the Title IX Grievance Process (as applicable). This initial meeting is only to provide the Respondent with the Notice of Formal Complaint and review the process and not to talk about the substance of the Complaint. The Respondent will have the opportunity to share information about the factual allegations in the Notice of Formal Complaint during the Investigative Procedure (discussed below). At this meeting, the Respondent will also receive the Privacy/Non-Retaliation document (discussed above). If the Respondent is not responsive to outreach from OEO to schedule this meeting, the Investigative Procedure will still start and may move forward without the benefit of the Respondent’s input.

The Notice of Formal Complaint will include the identities of the Parties involved (if known), the specific section(s) of the Policy Against Discrimination, Harassment & Sexual Violence (Policy) alleged to have been violated, a brief description of the alleged conduct, and the date(s) (or approximate dates) and location(s) of the alleged conduct, if known. If additional possible Policy violations are identified at any point during the Investigative Procedure, the Respondent will be notified of those additional allegations in writing through an Amended Notice of Formal Complaint.

  1. Accepting Responsibility: At this point, the Respondent has the option to accept responsibility for the conduct outlined in the Notice of Formal Complaint. Such acceptance of responsibility must be submitted to OEO in writing. If the Respondent accepts responsibility, the Investigative Procedure will close and the acceptance would be considered a finding of responsibility and a waiver of the right to final adjudication of the Complaint through either the Formal Complaint Resolution or the Title IX Grievance Process (as applicable). The Formal Complaint would then be referred for sanctioning in accordance with the appropriate sanctioning process. If the Respondent chooses to accept responsibility, such acceptance cannot be withdrawn.
  2. Presumed Not Responsible: The Respondent is presumed not responsible for the allegations in the Notice of Formal Complaint letter unless and until they either accept responsibility, or a determination has been made by the Decision-maker(s) at the conclusion of the Process. The Investigative Procedure (as discussed below) is meant to gather relevant information about the alleged conduct to assist the Decision-maker(s) in deciding, at the conclusion of the process, whether the Policy was violated by the Respondent.

If, after a Respondent receives the Notice of Formal Complaint, they choose to leave the College as a student or employee, the College has the option to dismiss the Formal Complaint but also has the discretion to bar the Respondent from College property and/or events, and/or to make the Respondent ineligible to re-enroll or for rehire, either temporarily or permanently. The College will also add a notation to the transcript of a student Respondent who leaves before a process has been completed (see below for more information). The College maintains discretion to continue the Complaint Resolution Process even after a Respondent leaves Emerson.

C. Dismissal of Formal Complaint

The Office of Equal Opportunity (OEO) has the option to dismiss a Formal Complaint (1) if the Respondent is no longer affiliated with the College, meaning they are no longer participating or attempting to participate in Emerson’s educational programs or activities and/or are no longer employed by Emerson; (2) if the Impacted Party is no longer affiliated; (3) when it becomes apparent the conduct as alleged, even if proven, would not violate the Policy; or (4) for any other reason deemed appropriate by the College. A complaint may also be dismissed when the Impacted Party voluntarily withdraws any or all of the allegations, although the College reserves the right to continue the process or to utilize an Informal Resolution to resolve the matter, as determined by AVP (or designee) at their discretion. If a Party wishes to re-initiate a complaint that has been dismissed, the College has the option to exercise discretionary jurisdiction over the matter or may deny the request to reopen the process, at the AVP’s (or designee) discretion. If OEO dismisses the Formal Complaint, the Impacted Party and Respondent will be promptly notified in writing of the basis for the dismissal.

IV. Investigative Procedure

Once a Formal Complaint has been initiated, the Associate Vice-President for Equal Opportunity & Compliance (AVP) (or their designee), will assign one (or more) Investigator(s) who will be responsible for gathering information regarding the allegations raised in the Notice of Formal Complaint. The assigned Investigator may be an employee of the College or someone from outside the College, at the discretion of the AVP. The AVP will assign an Investigator who does not have a conflict of interest or bias for or against impacted parties or respondents generally, who has no conflict or bias against any of the Parties to the Formal Complaint, and who has been trained on how to serve impartially. The assigned Investigator will have annual training and experience on issues of relevance, discrimination, harassment, and sexual violence (sexual assault, relationship violence, stalking, sexual exploitation), and on any laws or regulations that may be applicable to this Process. Emerson reserves the right to assign more than one Investigator or a note taker in addition to the Investigator to a matter as deemed necessary by the AVP, at their discretion. In all cases, the Investigator will conduct a prompt, equitable, fair, thorough and impartial investigation into the allegations raised, under the supervision of the AVP9.

The Complaint Resolution Process is not an adversarial process, meaning that throughout the Investigative Procedure, the Respondent is not presumed to be responsible and neither Party has the burden to prove or disprove the underlying allegations. Instead, it is the Investigator’s role to gather relevant information about the alleged conduct (as discussed below) to assist the Decision-maker(s) in making a determination as to whether the Policy was violated at the conclusion of the Formal Resolution Process or Title IX Grievance Process, as applicable.

A. Timing

Through this Investigative Procedure, the College strives to provide a process that is prompt, equitable, fair, thorough, trauma-informed, and impartial towards all Parties and witnesses involved (student, staff and faculty). During the academic year, the goal is to complete the Investigative Procedure within a reasonable prompt timeframe after the initiation of the Formal Complaint through the Office of Equal Opportunity (OEO) (and not from the time of when the matter was first reported). Depending on the complexity of the investigation, witness availability, and other factors, more or less time may be required to complete the process. The Parties will be kept informed, in writing, at reasonable intervals throughout the progress of the Investigative Procedure, and at minimum every 30 days10 . Parties are always welcome to contact OEO (oeo [at] emerson.edu (oeo[at]emerson[dot]edu); 617-824-8999) at any time for information regarding the status of the complaint. It should be noted that while complaints will be processed to the best of the College’s ability during break periods, including the summer and holidays, the availability of witnesses, Parties and/or College officials during these times can often require additional time for the completion of the Investigative Procedure. If a student Respondent is scheduled to graduate prior to the resolution of a Formal Complaint, a hold may be placed on their graduation and/or official transcripts until the complaint is fully resolved (including any appeal) (See the Code of Community Standards for more information).

B. Cooperation

In order for the Investigation to be conducted in a timely manner, it is important that Parties, any Support Person/Advisor, and witnesses make themselves available to the Investigator, including over holidays and breaks. The Impacted Party, Respondent, and witnesses should know that they are expected to cooperate with the Investigator throughout the Investigative Procedure. The Impacted Party, Respondent and witnesses are prohibited from knowingly making false statements and/or knowingly submitting false information to the Investigator.11 Knowingly providing false information at any point in the Process may result in a separate disciplinary action.

If the Impacted Party or Respondent chose not to meet with OEO or the Investigator, they should understand that the Process will continue without the benefit of their input. The Formal Complaint may still be adjudicated through the Process without the benefit of input from a non-cooperative Party. The Investigator will reach out to the Party to schedule these meetings. If a Party does not respond to the Investigator within ten (10) calendar days after outreach or fails to meet with the Investigator in a timely manner, the Party’s opportunity to participate in the Investigation may be waived, as determined by the Associate Vice-President for Equal Opportunity & Compliance (AVP) (or their designee) at their discretion. The Parties should understand that the College cannot compel non-employee witnesses or Parties to participate in this Process.

C. Accommodations

A Party or witness (student or employee) who has a disability that may require an accommodation in the Complaint Resolution Process should work with the appropriate office to determine what reasonable accommodations may be available. Students should work with Student Accessibility Services (SAS) (sas [at] emerson.edu (sas[at]emerson[dot]edu); 617-824-8592) to request an accommodation for the Process. Please note that any accommodations for the Complaint Resolution Process must be determined separately from any existing academic or housing disability accommodations. Employees (staff and faculty) should work with Human Resources (HR) (hr [at] emerson.edu (hr[at]emerson[dot]edu); 617-824-8580). All approved disability accommodations must be communicated to OEO (oeo [at] emerson.edu (oeo[at]emerson[dot]edu); 617-824-8999) in writing at least two (2) business days in advance of any meetings or hearings where the accommodations will be needed. Only accommodations approved by SAS or HR will be implemented during the Process.

D. Providing Information

In the Investigative Procedure, both the Impacted Party and Respondent have an equal opportunity to present documents, suggest witnesses, and submit all information (inculpatory and exculpatory) they believe is important to the resolution of the pending matter. The Parties should understand that it is best to provide the Investigator with all information as early in the Investigation as possible. While the Parties are encouraged to share information, the Investigator has the discretion to determine what information is relevant to the Complaint. The Investigator may also consider other relevant and available information beyond that provided by the Parties.

The Parties must provide the Investigator with all information relevant to the Formal Complaint that is known and available to them during the Investigative Procedure. When relevant information was known and available to a Party but was shared after the conclusion of the Investigative Procedure, the Associate Vice-President for Equal Opportunity & Compliance (AVP) (or their designee) has the discretion to exclude such information from the Process.

E. Scope of Investigation

The Investigator is responsible for objectively reviewing and evaluating all information submitted and found during the Investigative Procedure, including inculpatory and exculpatory information. The Investigator will determine, at their discretion, what information is relevant for inclusion in the Investigative Report to assist the Decision-maker(s) in deciding, at the conclusion of the process, whether the Policy was violated. The burden of proof always remains with the College. The Investigator will consult with the AVP as needed throughout the Investigative Procedure.12

During the Investigative Procedure, the Investigator may utilize some or all of the following information or procedures, at their discretion, and in whatever order the Investigator deems most appropriate.

  1. Documents: The Investigator will review any statements provided by the Impacted Party/ Respondent, as well as any relevant documents identified by the Parties or witnesses. Relevant documents may include, but are not limited to, both paper and digital items, such as text messages, journal entries, emails and social media communications. If a Party is not in possession of documents they believe are important to the Complaint, they should identify who may have those materials. It will be the responsibility of the Investigator to try, to the best of their ability, to gather the identified information outside the possession of the Parties. As determined by the Investigator, any documents or information relevant to the Formal Complaint and that will be used in the Investigative Report will be disclosed to both the Impacted Party and Respondent for comment or rebuttal during the course of the Investigation.13
  2. Impacted Party/ Respondent Interviews: The Investigator will provide an opportunity for the Impacted Party and Respondent to participate in an interview, separately. This meeting is an opportunity for each Party to discuss their recollection of the event(s) in question, supplement any statements previously submitted, voice any concerns, and work with the Investigator to determine what additional information may be helpful to the Investigation. Each Party will receive written notice (usually via email) of the request for an interview. The Investigator may interview the Impacted Party and Respondent more than once, as necessary, at the discretion of the Investigator. During their interview, the Impacted Party/Respondent will have the opportunity to learn about the relevant information gathered in the Investigation to date and the Investigator will provide them with an opportunity to comment or respond to that information.14 As discussed above, the Parties are expected to cooperate and meet with the Investigator in a timely manner. The Investigator will reach out to the Party to schedule these meetings. If a Party does not respond to the Investigator within ten (10) calendar days after outreach or fails to meet with the Investigator in a timely manner, the Party’s opportunity to participate in the Investigation may be waived, at the discretion of the Associate Vice-President for Equal Opportunity & Compliance (AVP) (or their designee). The Parties should also understand that, even if they choose not to participate or fail to participate in a timely manner, the Process will still move forward without the benefit of their input (as discussed above).
  3. Witnesses: The Investigator will attempt to interview relevant witnesses identified by the Impacted Party and/or Respondent. Please note that character witnesses are not considered relevant to the Process. The Impacted Party and Respondent will both have an equal opportunity to identify witnesses for the Investigator and can tell a person they have identified them as a witness and that they may be contacted by the Investigator. The Investigator will determine which witnesses are relevant to the Formal Complaint, at their discretion. Witnesses should not be intimidated, threatened, or improperly influenced in any way by either the Impacted Party or Respondent or through others (e.g. friends, family members, attorneys, etc.). Any attempt to threaten, intimidate or otherwise improperly influence the testimony of a witness may result in a separate disciplinary action by the College. The Investigator may also interview any other person(s) they believe may have information relevant to this matter, at their discretion. The Investigator will employ best efforts to interview relevant witnesses who are no longer on campus or participating in an Emerson program, attempting to meet with them by phone or internet (i.e. Zoom). Witnesses will be subject to the Privacy/Non-Retaliation Requirements, which will be reviewed with them acknowledging that they have been advised about the prohibition against retaliation and that the unauthorized disclosure of information from this Process is prohibited. The Investigator will make a reasonable attempt to schedule meetings with witnesses, but will not be able to interview witnesses who are not responsive to outreach in a timely manner. The Parties should understand that the Investigator cannot compel non-employee witnesses to participate in an interview.
  4. Expert Witnesses: The Investigator reserves the right, at their discretion, to consult with any experts which they deem necessary to the determination of the facts at issue in the Formal Complaint. An expert witness may be consulted to review or provide a professional opinion regarding information discovered in the Investigation including, but not limited to, evidence collection kits and toxicology reports. If a Party wants to offer (and pay for) an expert witness they believe is relevant, the Investigator has the option to interview that expert witness if they deem them to be relevant to the resolution of the Formal Complaint, at their discretion.

F. Impermissible Information

The following information will not be considered in this Process except under the circumstances noted below.

  1. Confidential Information – Information that is protected under a privilege recognized by law or provided to a confidential person, including information shared with a medical professional in connection with the provision of treatment, is presumed impermissible unless the individual who owns the privilege voluntarily chooses to waive confidentiality in writing.
  2. Sexual History - Generally, the past sexual history (including sexual interests or prior sexual conduct) of the Impacted Party or Respondent will not be considered in the Investigative Procedure. However, there are limited circumstances in which such information might be considered relevant in the Complaint Resolution Process. Those situations include:
    1. When the prior/subsequent sexual history of the Impacted Party with anyone other than the Respondent is directly relevant to show the injuries alleged to have been inflicted by the Respondent were inflicted by another individual.
    2. When the existence of a dating relationship or prior/subsequent consensual sexual relations between the Impacted Party and the Respondent are relevant to how the Parties communicated consent in prior/subsequent consensual sexual relations.

If information under this section will be considered in the Process, the Investigator (or designee) shall provide the Parties with an explanation as to why the information is being allowed. The Investigator will consult with the AVP as needed in determining whether to include this information.

G. Recording Interviews

The Investigator has the option to record and/or transcribe any interviews conducted in the Investigative Procedure by any means deemed appropriate by the AVP. Only the Investigator may record interviews, and the Party or witness will be notified when the recording is happening. Any audio or video recording of any meeting with OEO by any Party, witness or Support Person/Advisor is expressly prohibited at all times during the Complaint Resolution Process and could result in a separate disciplinary action. Any recording or transcript made of an interview will not be retained after the conclusion of the Investigative Procedure in compliance with the Maintenance of Records section of this Policy (as discussed below).

H. Investigative Report

Once the Investigation has been completed, the Investigator will prepare an Investigative Report summarizing the relevant information obtained through the Investigative Procedure. The Investigator will also identify any undisputed facts from the Investigative Procedure. The Investigator will consult with the Associate Vice-President for Equal Opportunity & Compliance (AVP) in preparing the Investigative Report. The AVP may also review and comment on the draft report before it is finalized.15

  1. Draft Investigative Report: The Draft Investigative Report will be shared with the Impacted Party and Respondent for comment and review before the Report is finalized. The Parties will also be given access to any exhibits to the Draft Investigative Report.16 Any sharing of documents will be done electronically, in view-only mode, barring exceptional circumstances, as determined by the AVP, and are subject to the Privacy/Non-Retaliation Requirements (see above). At the written request of a Party, the Draft Investigative Report and exhibits may also be shared with their Support Person Advisor. The Draft Investigative Report and any shared materials should not be shared, copied, downloaded, photographed, or circulated in any manner by the Parties and/or their Support Person/Advisor.

    The Impacted Party and Respondent will each be given a period of 10 (ten) calendar days to review the Draft Investigative Report and materials.17 The Parties will have the option (but are not required) to provide written comments to the Draft Investigative Report within that time period. Any comments must be written by the Parties. Submissions written by third parties, such as friends, family, advisors or attorneys will not be considered. The Parties should note that this review period is not an appropriate time for the submission of new, substantive information that was known but not previously shared during the Investigative Procedure (see Providing Information above). If comments are submitted by the Parties, the Investigator may address those comments as they deem appropriate, at their discretion. The Investigator may include or address comments in the Final Investigative Report, may create an addendum to the report to address any comments, may attach the comments as an exhibit to the Report, or otherwise address the comments at their discretion.

  2. Final Investigative Report: Once the Final Investigative Report has been created, the Impacted Party and Respondent will each be given access to review the Report, as well as any exhibits. The Parties will be given electronic view-only access to these materials for ten (10) calendar days. The Investigative Report, and any other materials should not be shared, copied, downloaded, photographed, or circulated in any manner by the Parties or their Support Person/Advisor. Once the Final Investigative Report has been completed and shared with the Parties, the Investigative Procedure will be closed.

    The Final Investigative Report will contain the names of the Decision-Maker(s). The Decision-Maker(s) will be chosen at the sole discretion of the AVP. If either the Impacted Party or Respondent believes there is a possible conflict of interest with any Decision-Maker(s), it must be communicated to the AVP in writing immediately, and no later than three (3) business days after receiving the Final Investigative Report with the names of the Decision-Maker(s). The AVP then has the discretion to assign a different individual to be a Decision-Maker. Once the Final Investigative Report has been submitted to the Decision-Maker(s) for consideration, there will be no further opportunity to raise potential conflicts of interest with any Decision-Maker.

V. Process Determination

At the conclusion of the Investigative Procedure, the Associate Vice-President for Equal Opportunity & Compliance (AVP) (or their designee) will decide on the process for the final adjudication of the Formal Complaint. For allegations of Title IX Sexual Harassment/Title IX Sexual Violence that also meet the jurisdictional requirements under Title IX, the matter will be adjudicated through the Title IX Grievance Process.18 If the conduct does not meet the jurisdictional requirements under the Title IX, the allegations of Title IX Sexual Harassment/Title IX Sexual Violence will be dismissed and both Parties will be notified of that dismissal in writing.19 The AVP will then review the Formal Complaint to determine if the allegations fall under the definitions of Sex-Based Harassment (Non-Title IX) or Sexual Violence under the Policy Against Discrimination, Harassment & Sexual Violence (Policy), and therefore could be addressed through the Formal Complaint Resolution below.

All other matters under the Policy, will proceed under the Formal Complaint Resolution process below for students or employees. In situations where the Respondent is both a student and an employee of the College, the AVP (or their designee), at their discretion, will decide which process will govern based on the role the Respondent was serving in at the time of the alleged incident.

VI. Formal Complaint Resolution

A. Informal Resolution

An Informal Resolution may be used after an Initial Investigation (as discussed above) or after a Formal Complaint has been initiated. Participating in an Informal Resolution is voluntary and only considered at the request of the Parties. An Informal Resolution can be used at any point prior to, instead of, or during, the Investigative Procedure. Informal methods of resolution will be facilitated by the AVP (or their designee). Resolution options may include, but are not limited to, negotiated outcomes, mediation (directly or through others), shuttle diplomacy, restorative justice, facilitated conversations, counseling, training, projects/papers, educational conversations, and/or voluntary leaves of absence. Any Informal Resolution facilitated by the AVP (or their designee) must adequately address the concerns of the Impacted Party and Respondent, as well as the overall interest of the College in stopping, remedying, and preventing further Policy violations. The AVP will make a determination regarding whether an Informal Resolution will be available in a pending matter based on a review and assessment of the allegations, the available information, and the interests of the Parties. An Informal Resolution may not be available for matters involving certain forms of Title IX Sexual Harassment by an employee or for issues of Sexual Violence, as determined by the AVP (or their designee).

The Office of Equal Opportunity (OEO) (or their designee) will attempt to facilitate a resolution that is agreeable to the Impacted Party, the Respondent, and the College. In a College-Initiated Formal Complaint, the AVP has the option to consult with the Impacted Party as deemed appropriate and at their discretion. The College also has the discretion to terminate the consideration of an Informal Resolution and continue with the Investigative Procedure or Formal Complaint Resolution at the discretion of the AVP.

If the Parties reach an agreement about an Informal Resolution after a Notice of Formal Complaint has been issued, a written Informal Resolution Agreement between the Parties will be created by OEO (or their designee). When an Informal Resolution Agreement is reached, the Parties will acknowledge that the Agreement is the final resolution of the pending matter, that the Formal Complaint will be dismissed, and that the pending matter will be considered closed. The Complaint Resolution Process may not subsequently be initiated with respect to any of the allegations in the Formal Complaint that are the subject of the Informal Resolution Agreement. If the Informal Resolution Agreement is violated or the terms are not followed/completed by one of the Parties, that violation will be addressed for students as a conduct matter through the Office of Community Standards and for employees by Human Resources (or their designee), as appropriate.

B. Student Formal Resolution

In Formal Complaints where the Respondent is a student, the Student Formal Resolution process will be used. Once the Investigative Procedure has closed, the AVP will submit the Investigative Report and exhibits to the Decision-Maker(s) who has been trained on the Process and the resolution of issues of discrimination, harassment and sexual violence. The AVP will select a Decision-Maker(s) that does not have a conflict of interest or bias for or against impacted parties or respondents generally, and who has no conflict or bias against any of the Parties to the Formal Complaint. The Decision-Maker(s) will be chosen at the sole discretion of the AVP and may consist of one to three members. The Decision-Maker(s) may consist of College employees (staff or faculty) or may be someone from outside of the College. The name(s) of the Decision-Maker(s) will have been communicated to the Impacted Party and Respondent in the Final Investigative Report. If either the Impacted Party or Respondent believes there is a possible conflict of interest with any Decision-Maker(s), it must be communicated to the AVP in writing immediately, and no later than three (3) business days after notice of the names of the Decision-Maker(s). The AVP then has the discretion to assign a different individual to be a Decision-Maker. Once the Final Investigative Report has been submitted to the Decision-Maker(s) for consideration, there will be no further opportunity to raise potential conflicts of interest with any Decision-Maker.

The AVP will consult with the Decision-Maker(s) on questions about the Policy Against Discrimination, Harassment & Sexual Violence (Policy), the Complaint Resolution Process and/or Formal Complaint Resolution as they consider the Investigative Report and exhibits. The Decision-Maker(s) will review the Final Investigative Report and exhibits to determine whether the Respondent is responsible for violating the Policy.20 The decision of the Decision-Maker(s) will be made based on the preponderance of the evidence standard -- that is, whether the facts presented in the Final Investigative Report support a finding that it is more likely than not that the Policy was violated. The Decision-Maker(s) will base the findings solely on the information presented in the Final Investigative Report and exhibits. The finding of the Decision-Maker(s) will be made by a majority, when applicable. While the Decision-Maker(s) is solely responsible for making the finding, the AVP will assist the Decision-Maker(s) in drafting the language of their outcome. The written findings by the Decision-Maker(s) will outline any factual determinations made and the rationale used to reach the finding(s). Once the Decision-Maker(s) has finalized their written findings, the AVP will then refer the findings to the Office of Community Standards who will issue the Notice of Outcome in the pending matter.

If the Respondent is found Not Responsible for violating the Policy, the Impacted Party and Respondent will both be notified in writing of the Notice of Outcome, which includes the findings from the Decision-Maker(s), the option to appeal, and an explanation of when that outcome becomes final. The Notice of Outcome will be issued to the Parties within seven (7) business days after the findings have been made by the Decision-Maker(s).

If the Respondent is found Responsible for a violation of the Policy, the Office of Community Standards will assign the appropriate sanctions or other outcomes based on the findings of the Decision-Maker(s), in consultation with other offices as appropriate and at their discretion. The determination regarding sanctions will include a consideration of the Respondent’s disciplinary history with the College, if any, as outlined in the Code of Community Standards. Sanctions for a Responsible finding may include, but are not limited to, loss of privileges, formal warning, disciplinary probation, educational sanctions, suspension, removal from the College and any other sanction noted in the Code of Community Standards. Both the Impacted Party and Respondent will be notified in writing of the Notice of Outcome, including the findings from the Decision-Maker(s), the option to appeal, and an explanation of when that outcome becomes final. The Notice of Outcome letter shared with the Respondent will include any assigned sanctions. The Notice of Outcome will be issued to the Parties within seven (7) business days of the assignment of the sanction. Due to privacy considerations, the Impacted Party may not be notified of the assigned sanctions, unless they relate to the Impacted Party (such as a No Contact Order as the sanction). Upon written request, the AVP may again give the Parties access to the Investigative Report and exhibits and/or the interview transcripts after the Notice of Outcome has been issued, at the AVP’s discretion.

C. Employee Formal Resolution

In Formal Complaints where the Respondent is an employee (staff or faculty), the Employee Formal Resolution process will be used. Once the Investigative Procedure has closed, the AVP will submit the Final Investigative Report and any exhibits to the Decision-Maker(s). The Decision-Maker(s) will consist of one to three individuals, which will include the Respondent’s supervisor (or designee) and/or the Provost (or their designee), and/or a representative from Human Resources, as determined by the AVP, at their discretion. The Decision-Maker(s) will receive training on the process and the resolution of issues of discrimination, harassment and sexual violence. The names of the Decision-Maker(s) will be communicated to the Impacted Party and Respondent in the Final Investigative Report. If either the Impacted Party or Respondent believes there is a possible conflict of interest with the Decision-Maker(s), it must be communicated to the AVP in writing immediately, and no later than three (3) business days after notice of the names of the Decision-Maker(s). The AVP then has the discretion to assign a different Decision-Maker if necessary. Once the Final Investigative Report has been submitted to the Decision-Maker(s) for consideration, there will be no further opportunity to raise potential conflicts of interest with the Decision-Maker(s).

The AVP will consult with the Decision-Maker(s) on questions about the Policy, the Complaint Resolution Process and/or the Formal Complaint Resolution as they consider the Final Investigative Report and exhibits. The Decision-Maker(s) will review the Final Investigative Report and exhibits to determine whether the Respondent is responsible for violating the Policy.21 The decision of the Decision-Maker(s) will be made based on the preponderance of the evidence standard -- that is, whether the facts presented in the Final Investigative Report support a finding that it is more likely than not that the Policy was violated. The Decision-Maker(s) will base their findings solely on the information presented in the Final Investigative Report and exhibits. While the Decision-Maker(s) is solely responsible for making the finding, the AVP will assist the Decision-Maker(s) in drafting their written findings. The written findings by the Decision-Maker(s) will outline any factual determinations made and the rationale used to reach the finding(s).

If the Respondent is found Not Responsible for violating the Policy, the Respondent will be notified by the Decision-Maker(s), Human Resources, or Academic Affairs in writing of their findings, the option to appeal and an explanation of when that outcome becomes final. The written Notice of Outcome will be issued to the Respondent within seven (7) business days after the finding has been made. The Impacted Party may also be notified by Human Resources or Academic Affairs of the findings, the option to appeal, and an explanation of when the outcome becomes final, at the AVP’s discretion.

If the Respondent is found Responsible for a violation of the Policy, the Decision-Maker(s) will also decide the appropriate sanctions or remedies based on that finding. The determination regarding sanctions will include consideration of the Respondent’s disciplinary history with the College. Sanctions for a Responsible finding may include, but are not limited to, warnings (verbal or written), censures, training or other educational responses, final warnings, reassignment, demotions, suspensions, and termination. The Respondent will be notified by the Decision-Maker(s), Human Resources, or Academic Affairs, in writing, of the Notice of Outcome, which includes their findings, the assigned sanction, the option to appeal, and an explanation of when that outcome becomes final. Upon written request, after the Notice of Outcome has been issued, the AVP may again give the Respondent access to the Investigative Report and exhibits, at the AVP’s discretion. The Impacted Party may also be notified by Human Resources or Academic Affairs of the findings, the option to appeal, and an explanation of when the outcome becomes final, at the discretion of the AVP. Due to privacy considerations, the Impacted Party will not be notified of the assigned sanctions unless they relate to the Impacted Party (such as a No Contact Order as the sanction).

For employees (faculty and staff), the College reserves the right to issue disciplinary action with respect to conduct that it deems inappropriate regardless of whether it rises to the level of a violation of the Policy or the law.

VII. Appeals

Both the Impacted Party and Respondent (student, staff or faculty) are entitled to one appeal of the outcome to the Formal Complaint.22 The filing of an appeal will not stay imposition of any assigned sanction. If the Impacted Party or Respondent did not participate in the Investigative Procedure, as determined by the Office of Equal Opportunity (OEO), that Party will not have a right to appeal the final outcome. An appeal must be submitted in writing to OEO (oeo [at] emerson.edu (oeo[at]emerson[dot]edu)) within five (5) business days of the receipt of the written outcome. The individual who files an appeal is known as the Appellant. The Appellant must submit an Appeal Form with their appeal which is available from OEO. If an appeal is not received within five (5) business days, the outcome will be considered final, and the Complaint Resolution Process will be closed.

An appeal can only be submitted by the Impacted Party or Respondent in writing. Appeals submitted by third parties (e.g. friends, family, attorneys) will not be considered.

There are only two grounds on which an appeal can be filed – procedural error or new information. The appeal is not a new fact-finding process. Although an Impacted Party/Respondent may disagree with the finding or the sanction, that alone is not a basis for appeal. The written appeal must specifically state under which of the two grounds the appeal is being filed and how the requirements for that basis (noted below) are met. Appeals that are moot or do not otherwise comply with these requirements, including failing to state proper grounds for appeal or being untimely, will not be considered, as determined by the Associate Vice-President for Equal Opportunity & Compliance (AVP) (or their designee) at their discretion. If an appeal will not be considered, and the five (5) business days to appeal have passed, the outcome is considered final, and the Complaint Resolution Process will be closed.

If the appeal is to be heard, the non-appealing Party will be given a copy of the relevant portions of the appeal and will have an opportunity to respond to the assertions made by the Appellant, in writing, within five (5) business days after receipt. The non-appealing Party may also request, in writing, access again to the Investigative Report and exhibits for purposes of responding to the appeal. Submissions after the five (5) business day period will not be considered, as determined by the AVP (or their designee).

The two grounds for appeal are:

  1. Procedural Error: The appellant alleges that (i) the procedural requirements of the Complaint Resolution Process were not followed and (ii) the deviation from the process had an adverse impact on the outcome of the Formal Complaint against the Appellant.
  2. New Information: The Appellant alleges that, subsequent to the issuing of the Investigative Report, new information about the alleged conduct has become available which could have changed the outcome of the Formal Complaint. The Appellant must: (i) present the new information; (ii) show why it was unavailable prior to completion of the Investigative Report; and (iii) show how the new information could have altered the outcome of the complaint. If new information is presented, the Appeal Panel has the option to ask the Investigator to reopen the Investigation regarding that information.

Appeals that are timely and state proper grounds for appeal, as determined by the AVP (or their designee), will be decided by an Appeals Panel of one to three employees (staff or faculty) or someone from outside the College, who have been trained regarding the process, the resolution of issues of discrimination, harassment and sexual violence and how to decide appeals. The Appeals Panel will include different individuals from those who served as the Decision-Maker(s). The Appeals Panel will be chosen at the sole discretion of the AVP (or their designee), who will communicate the name(s) to the Appellant and the non-appealing Party (as applicable). If either Party believes there is a possible conflict of interest with the Appeal Panel, they must communicate that to the AVP in writing immediately, and no later than three (3) business days after notice of the name(s) of the Appeal Panel. The AVP then has the discretion to assign a different member to the Appeals Panel. Once the appeal has been submitted to the Appeals Panel for consideration, there will be no further opportunity to raise potential conflicts of interest.

In reviewing an appeal, the Appeals Panel will be given the Investigative Report and exhibits, the written outcome, the appeal submission and any response, and the results of any additional investigation requested, as applicable. The Appeals Panel will make its finding based on its review of these documents. The AVP will consult with the Appeals Panel on questions about the Policy Against Discrimination, Harassment & Sexual Violence, the Complaint Resolution Process, and/or the Appeal process as they consider the appeal.

The Appeals Panel has the option to Dismiss the appeal by finding that the requirements for the appeal grounds chosen have not been met. The Appeals Panel also has the option to grant the appeal when it finds the requirements of the appeal grounds have been met.

If the Appeals Panel grants the appeal for a matter involving a student Respondent, the matter will be referred to the Office of Community Standards who will decide whether to uphold or modify the final outcome of the complaint based on the findings of the Appeals Panel, and in consultation with the original Decision-Maker(s), as appropriate. The AVP may consult with the Office of Community Standards and the original Decision-Maker(s) as necessary throughout the appeal process. The Office of Community Standards will then issue a Notice of Outcome of Appeal with the Appeals Panel’s finding and the decision on whether to uphold or modify the outcome. If the Appeals Panel dismisses the appeal for a student Appellant, the Office of Community Standards will issue a Notice of Outcome of Appeal with the Appeals Panel’s finding.

If the Appeals Panel grants the appeal for a matter involving an employee Respondent, the matter will be referred to the Chief Human Resources Officer (or their designee) and/or the Provost (or their designee) who will decide whether to uphold or modify the final outcome of the complaint based on the findings of the Appeals Panel, and in consultation with the Decision-Maker(s), as appropriate. If the Appeals Panel dismisses the appeal for an employee Appellant, the Chief Human Resources Officer and/or the Provost will issue a Notice of Outcome of Appeal with the Appeals Panel’s finding. The Parties will be notified in writing of the Notice of Outcome of Appeal. Certain employees (faculty and staff) may have additional appeal rights outside the Complaint Resolution Process.

VIII. Other Considerations

A. Amnesty/Help Seeking Policy

The College recognizes that a community member may be concerned about reporting discrimination, harassment or sexual violence, believing that other behavior they were engaged in at the time could subject them to disciplinary action. While the College does not condone any type of policy violation, when incidents of discrimination, harassment or sexual violence are reported, witnesses and Parties should be assured that the focus is on the reported behavior and safety, not on other minor infractions. In these situations, to the extent allowed by applicable laws and College policy, the College may seek to make the allegations of discrimination, harassment or sexual violence the focus of any investigation or disciplinary action. The decision regarding how to address other possible policy violations will be made by the Office of Equal Opportunity (OEO), in consultation with the Office of Community Standards, Human Resources, and/or the Provost (or their designee), as applicable. Please see the Help Seeking Policy for additional information.

B. Right to Investigate and Decide Other Conduct Violations

OEO has the discretion to pursue information regarding any other alleged violations of College Policy that may be identified through the Complaint Resolution Process. The Investigator will not be restricted to only investigating the violations alleged in the Formal Complaint, if other conduct violations are discovered in the course of the Investigative Procedure. When additional conduct concerns have been identified, OEO will consult with the Office of Community Standards, Human Resources, and/or the Provost (or their designee), as applicable, to decide if and how such allegations will be addressed. OEO has the discretion to address the additional conduct that may violate another College policy with any pending Formal Complaint. If this conduct will be addressed through the Complaint Resolution Process, the Parties will be notified through an Amended Notice of Formal Complaint. If the alleged conduct may violate another College policy, that conduct may also be referred to another process for resolution.

C. Criminal Conduct

Some of the behaviors addressed by the Policy Against Discrimination, Harassment & Sexual Violence (Policy) may also constitute violations of criminal law. The College may conduct its own investigation and adjudication of conduct alleged in the Complaint Resolution Process, regardless of whether the alleged conduct is also being pursued through the civil or criminal justice system. The College will comply with any law enforcement requests for cooperation regarding its Investigative Procedure and Formal Resolution. At times, that cooperation may require the College to temporarily suspend the Process while law enforcement gathers information. The College will promptly resume the Process as soon as it is notified that doing so would not impede or interfere with any law enforcement activities. The College reserves the right to restrict a community member’s access to the campus if criminal charges are filed against that individual.

D. Family Notification/Communication

The College views community members of legal age as adults. As such, parent(s), guardian(s) and/or spouse(s) will not typically be notified when a Formal Complaint is filed against or by a student or employee under the Process. Students and employees are encouraged to inform their family if they are involved in a Formal Complaint if that is a source of support. All communication regarding the Process will only be directed to the student or employee involved and not to third parties, including family members, support persons/advisors, or attorneys. Parent(s), guardian(s) and/or spouse(s) of students or employees with questions about a pending complaint should understand any exceptions to these communication guidelines will only be made by the College in compliance with the Family Educational Rights and Privacy Act (FERPA) and applicable employee privacy rules.

E. Transcript Notations

It is the College’s Policy to make notations on a student’s transcript when certain sanctions are issued as part of any student conduct process. This transcript notation will not describe the violation or incident that resulted in the sanction, just that the sanction was issued. If a student leaves Emerson or withdraws from the College with a Formal Complaint pending under this Complaint Resolution Process, the College will note the following on the student’s transcript:

“Voluntarily withdrew dd/mm/yy, with College disciplinary charges pending. This notation does not constitute a finding or admission of responsibility.”

This notation will remain on the student’s transcript until the pending Formal Complaint is resolved under the Complaint Resolution Process. In situations where a matter is resolved through the Informal Resolution Process, no transcript notation will be made, unless the Parties agree otherwise. For more information, please see the Community Standards policy on transcript notations.

F. Maintenance of Records

After the Parties have been given access to the Final Investigative Report, the Investigative Procedure will be considered closed. At that point, the Office of Equal Opportunity (OEO) will maintain its investigative files which will include, but are not limited to, the Final Investigative Report and any exhibits, the final written Notice of Outcome, any appeal submission and any response, any Informal Resolution Agreements, and any Notice of Outcome of Appeal. Some of this information may also be kept in an individual’s student conduct records or personnel file as appropriate and in accordance with the record retention policies or practices of the applicable department. All other documentation regarding the complaint will be destroyed, including investigator notes, any interview recordings and transcripts, and any other documentation that may have been created as part of the Process.

Notes

  1. The Title IX Coordinator serves in this role without any conflicts of interest or bias against respondents or complaints. [return to Footnote 1]
  2. The term student includes, but is not limited to, admitted and pre-enrolled individuals, any person enrolled in any (undergraduate or graduate) academic program or course at Emerson College, including Emerson-sponsored distance, international, or internet-based courses, up to and including the student's commencement day or the last day of evaluation for non-degree students. This may include individuals who are participating or attempting to participate in Emerson's education programs or activities at the time of the incident (e.g. visiting students, program participants, applicants). [return to Footnote 2]
  3. "Employees" refers to applicants for employment and anyone employed by Emerson in any capacity including faculty and staff. This may include individuals who are participating or attempting to participate in Emerson's education programs or activities (e.g. visiting scholars, program participants, applicants). [return to Footnote 3]
  4. Emerson College maintains jurisdiction over matters that occur at its Kasteel Well campus in the Netherlands. Students enrolled in the Global BFA program at Paris College of Art (PCA) are subject to the policies and processes of PCA for conduct that occurred while participating in the program at PCA. Emerson College may exercise discretionary jurisdiction over matters that occurred at PCA, as deemed appropriate by OEO. [return to Footnote 4]
  5. OEO does not typically meet with the respondent during the initial investigation. [return to Footnote 5]
  6. If additional information about the conduct becomes available at a later date, any matter that had been closed may be reopened for a continued initial investigation. [return to Footnote 6]
  7. For matters pending under the Title IX Grievance Process, a Party may have a support person/advisor of their choice. [return to Footnote 7]
  8. Employees subject to a collective-bargaining agreement may have additional rights with respect to the role of the support person/advisor. [return to Footnote 8]
  9. Pursuant to 34 CFR Part 106, § 106.8. [return to Footnote 9]
  10. This written update will usually be done via email, at the discretion of the Investigator. [return to Footnote 10]
  11. For students, see Code of Community Standards, False Identification or Information. For employees, see the Conduct Standards and Corrective Action Policy. [return to Footnote 11]
  12. Pursuant to 34 CFR Part 106, § 106.8. [return to Footnote 12]
  13. In matters pending under the Title IX Grievance Process, the Parties may also be given access to other gathered information from the Investigative Procedure, even if not used in the Investigative Report. [return to Footnote 13]
  14. In matters pending under the Title IX Grievance Process, the Parties may also be told about other gathered information from the Investigative Procedure, even if not used in the Investigative Report. [return to Footnote 14]
  15. Pursuant to 34 CFR Part 106, § 106.8. [return to Footnote 15]
  16. In matters under the Title IX Grievance Process, the Parties will also be given access to all information gathered through the Investigative Procedure regardless of whether it was included in the draft Investigative Report ("gathered information"). [return to Footnote 16]
  17. In matters under the Title IX Grievance Process, the Parties will be given ten (10) business days to review the draft and final report. [return to Footnote 17]
  18. To proceed under the Title IX Grievance Process, the conduct must 1) have occurred in the United States; 2) have occurred in a College program or activity; and 3) the Impacted Party must be participating in or attempting to participate in a College educational program or activity. For more information about these jurisdictional requirements, please see the Title IX Grievance Process. [return to Footnote 18]
  19. The AVP may dismiss the allegations of Title IX Sexual Harassment/Title IX Sexual Violence at any time in the Process if it becomes clear that they will not meet the jurisdictional requirements under Title IX. [return to Footnote 19]
  20. The Decision-Maker(s) will not be given access to any interview transcripts or other gathered information. [return to Footnote 20]
  21. The Decision-Maker(s) will not be given access to any interview transcripts or other gathered information. [return to Footnote 21]
  22. An Impacted Party in an College-Initiated Complaint does not have appeal rights under this process. [return to Footnote 22]