If this informal method of handling the WHA complaint appears to be effective and sufficient to resolve the issue, the TUH submits a report to the Dean on the complaint and the actions taken by the TUH. A copy of the report will be sent to the faculty member and a copy will be included in the faculty member`s personal file. If the faculty member disputes the report, they may include an accompanying response in the file. If the faculty member does not agree with the actions taken by the AHRA, they may submit a written request within five days of receiving the report requesting the Dean to rescind the actions taken by the AHRA. The Dean sends the faculty member a written decision within five days of receiving the application and may maintain the UPA measures, reverse the TUH measures or decide that a hearing is appropriate. If the faculty member does not agree with the Dean`s decision on the matter, he or she may make a written request and request a hearing from the Dean within five days of receiving the Dean`s decision. If a faculty member and a student reach an agreement on a penalty for violating the Code of Honor, the faculty member and student must complete an informal settlement agreement form. The faculty member and the student must sign the form. The faculty member must then forward the form to the Honorary Council Coordinator. Upon receipt of the form, the coordinator of the Honorary Council will confirm the agreement with the student. The Honorary Board Coordinator will contact the reporting faculty member by email to confirm receipt and processing of the informal decision. The faculty member may then execute the terms of the agreement according to the date indicated in the coordinator`s correspondence. The coordinator of the Honorary Council will register the agreement.
In all cases, the Dean may independently decide whether a hearing is appropriate, regardless of the UPA`s recommendation in the report or the faculty member`s approval of the actions taken by the AUH. If OSARP pursues an alleged violation of the policy for non-compliance because the obligations set out in the written resolution agreement have not been met, the written agreement of the solution and other related information will be disclosed in the decision-making process as evidence that the obligations have not been met. Formal resolution procedures require a faculty member to allow the honorary board to determine whether the student has violated the Code of Honor and what the appropriate sanction should be for the violation. Informal resolution procedures allow faculty members to resolve possible violations of the Code of Honor with accused students without having to refer incidents to the Honor Council for formal investigation. In its sole discretion and depending on the circumstances of a case, OSARP may pursue an alleged breach of non-compliance if the obligations and results set out in a written agreement are not met by the respondent to the claims. Decisions that are drafted and agreed upon are then transformed into a written agreement. Written agreements must be signed by the parties and the moderator(s). An informal complaint against a faculty member may be submitted orally, so other actions are at the discretion of the AAU or the senior supervisor. A formal complaint requires a written submission to the AUH or the faculty member`s senior supervisor. The person who receives a formal complaint ensures that written confirmation is sent to the complainant. However, the complainant is not entitled to information on the outcome of the complaint.
A superior who receives a complaint sends the formal complaint to the TUH for initial processing, unless there is a reason to do otherwise. Informal allegations of misconduct must be reported by the TUH to the Dean. Formal allegations of misconduct are reported by the AUH to the Dean, who reports them to the Provost Marshal. If the agreement is entered into after a student has received a grade for a course, the faculty member may submit a change form if a change in the student`s final grade is required to implement the terms of the agreement. A faculty member is responsible for informing their supervisor or the Equal Opportunity Office of the need for accommodation for a religious practice. The faculty member is also responsible for providing adequate documentation for religious practice in accordance with legal requirements and for working with the university to reach an agreement on an appropriate settlement. Written solution agreements contain mutually agreed outcomes and commitments that are developed to address the needs associated with sexual harm. Commitments and outcomes are voluntary agreements and are intended to facilitate recovery as much as possible. Possible options for engagement and outcomes may include, but are not limited to: As part of the formal resolution process, the Board`s Honorary Coordinator and investigators conduct a preliminary investigation to determine whether there is reason to believe that a violation of the Code of Ethics has occurred.
If the coordinator of the Honor Council and the investigators determine that there is sufficient reason to believe that a violation of the Honor Council has occurred, the student will receive a notification that he has been accused of violating the Code of Honor. In some cases, OSARP offers adaptive resolution as an option to address sexual harm between the parties. Adaptable resolution derives from the principles of restorative justice, but may not be fully consistent with typical restorative justice procedures. Adaptable Resolution is designed to meet the needs of the person who has suffered sexual harm by eliminating prohibited behavior, preventing its recurrence and remedying its impact, while maintaining the safety of the entire campus community. Adaptable resolution is a voluntary, structured and deliberate process that gives stakeholders the opportunity to recognize the sexual harm caused, identify needs that may be associated with sexual harm, and achieve results to address those needs. In order to initiate an adaptable resolution process, a complainant must file a formal complaint about the defendant`s alleged conduct with the Title IX Office and inform both parties in writing of the allegations. Once the complainant has been informed of the formal and informal options available to deal with the alleged conduct, he or she may voluntarily choose to initiate the adaptable resolution process. In order to use adaptable resolution to address sexual harm, participants must also acknowledge that harm has been caused and agree to the terms of the process. A customizable solution is not available if the university believes that there is a security risk and/or if the identified needs do not fall within the scope of the customization process.
All participants may revoke their participation at any time until a written resolution agreement has been signed. In addition, the University reserves the right to modify, suspend or terminate the process at any time if deemed necessary to maintain the intent of the customization solution process. When an adaptable resolution process is terminated by the university, the claims reporter can follow the formal complaint procedure and the decision on the allegations. The adaptable resolution is distinct and different from a formal investigation conducted by the Title IX Office and the Title IX procedure to assess sexual harassment or the accountability process for sexual misconduct, as true. .