Due to the special nature of these cases and in compliance with federal law, the COD has certain special procedures unique to the resolution of complaints alleging violation of MIT’s sexual misconduct, sexual harassment, intimate partner violence, stalking, and Title IX Sexual Harassment policies. These procedures supplement and modify the general COD procedures. In the event that there is any inconsistency between these special procedures and the general procedures of the COD, these special procedures prevail. In applying these procedures, including the hearing procedures set forth in Sections XVI, the COD shall treat complainants and respondents equitably. Both parties shall have an equal opportunity to present witnesses and other inculpatory and exculpatory evidence. The burden of proof and the burden of gathering evidence sufficient to reach a determination regarding responsibility rest on MIT and not on the parties.
Provisions Applicable to All MIT Sexual Misconduct and Title IX Sexual Harassment Complaints
A. All reports of sexual misconduct, sexual harassment, intimate partner violence, stalking, and Title IX Sexual Harassment brought to the attention of the COD will immediately be referred to IDHR for processing and investigation in accordance with IDHR processes. When IDHR receives an initial report of discrimination and discriminatory harassment, IDHR initiates a prompt preliminary review to determine the next steps the Institute needs to take.
B. The COD will usually not stay a complaint of sexual misconduct, sexual harassment, intimate partner violence, stalking, or Title IX Sexual Harassment just because there is a pending external criminal investigation or other outside proceeding. The Chair may exercise discretion on a case-by-case basis to delay or defer the COD resolution for a period of time while any law enforcement activity, criminal charges, or other external matters are proceeding, although the COD need not defer or delay resolution until those matters have been fully resolved.
C. At any point during an investigation, the parties can elect to enter into an Alternative Dispute Resolution/Informal Resolution in accordance with processes developed by IDHR.
D. Procedures for responding to formal complaints of sexual misconduct
i. After MIT receives notice that a student is alleged to have engaged in sexual misconduct, sexual harassment, intimate partner violence, stalking, or Title IX Sexual Harassment, IDHR will consult with the complainant, where possible, to determine whether the complainant wishes to file a formal complaint and/or to make a determination that under the circumstances the Title IX Coordinator will file a formal complaint.
a) A complainant may submit a formal complaint to IDHR by submitting a signed, written document identified as a formal complaint or by using the IDHR online reporting form.
ii. If a formal complaint is filed, IDHR will do an initial assessment of the formal complaint to determine whether the behavior would violate any of MIT’s sexual misconduct, sexual harassment, intimate partner violence, or Title IX Sexual Harassment policies, assuming for the purposes of this analysis that the factual allegations by the complainant are true.
a) If the investigator(s) and IDHR conclude that the conduct alleged in the complaint, if proved, would constitute a violation of any of MIT’s sexual misconduct, sexual harassment, intimate partner violence, or Title IX Sexual Harassment policies, the investigator(s) will conduct a full investigation; if not, IDHR will dismiss the complaint.
b) If the investigator(s) and IDHR conclude that the conduct alleged in the complaint, if proved, would not constitute a violation of any MIT policy even if all allegations in the complaint were assumed to be true for the sake of this analysis, IDHR may dismiss the complaint in its entirety.
iii. If the investigation moves forward, the investigator(s) will conduct a full investigation in accordance with processes developed by IDHR.
E. Participation in the investigation and resolution process is optional, but the investigation and resolution process will usually proceed without the participation of a party and failing to participate in the investigation generally forecloses the possibility of participating during later COD proceedings in the same case.
F. Complaints of sexual misconduct, sexual harassment, intimate partner violence, stalking, or Title IX Sexual Harassment will only be heard by members of the sexual misconduct subcommittee of the COD (the subcommittee).
G.The COD will issue a written determination regarding responsibility to both parties simultaneously.
H. In cases of sexual misconduct, sexual harassment, intimate partner violence, stalking, or Title IX Sexual Harassment, both parties have a right to appeal the decision of a COD sexual misconduct hearing, a COD sexual misconduct sanctioning panel, or a Title IX Sexual Harassment hearing regardless of the finding of responsibility or the assigned sanction, except that a finding of responsibility cannot be appealed after a sexual misconduct sanctioning panel.
Provisions Applicable to Sexual Misconduct Complaints (Non-Title IX Sexual Harassment)
A. The following post-investigation procedures apply to complaints of sexual misconduct, sexual harassment, intimate partner violence, and stalking that do not meet the definition of Title IX Sexual Harassment.
i. At the conclusion of the investigation, the investigator(s) will prepare a written report that includes a recommended finding of responsibility based on the investigation. The recommendation of the investigator(s) is not binding.
ii. The complainant and the respondent will have an opportunity to review the final investigation report and investigation record, which includes relevant information gathered during the investigation, by accessing it through IDHR’s secure online document system, but in general, hard copies of these materials will not be distributed to the parties.
iii. Upon reviewing the investigation report, the complainant and the respondent will each have the opportunity to accept the recommended finding of responsibility or reject it. The parties will be given three business days to accept or reject the recommended finding. If the deadline passes without a response from a party, IDHR will consider an absence of a response as an acceptance of the recommended finding by that party.
iv. IDHR will provide the investigation report and the acceptance or rejection of the recommendation of both the complainant and the respondent to the Chair. The Chair will review the case and determine which COD method to use to resolve the case.
a) If the Chair determines that suspension, expulsion, or degree revocation for a student, or suspension of recognition or loss or recognition for a student organization, is not appropriate even if the allegations in the report are true, the Chair will adjudicate the case as an administrative resolution. Administrative resolution may be used regardless of whether or not the parties agree with the recommended finding of the investigator(s). If the recommended finding is not responsible and both parties agree, the Chair can dismiss the complaint or enter a finding of not responsible as part of an administrative resolution. The Chair will use the normal process for administrative resolutions specified in Section VII (A), except that no students shall be involved in resolving the case.
b) If the Chair determines (i) that suspension, expulsion, or degree revocation for a student, or suspension of recognition or loss or recognition for a student organization is possible, (ii) the recommended finding is responsible, and (iii) both the complainant and respondent accept the finding of responsibility, the Chair will assign the case to a sexual misconduct sanctioning panel. The procedure for the sexual misconduct sanctioning panel is described in Section XV.
c) If the COD Chair determines that (i) suspension, expulsion, or degree revocation for a student, or suspension of recognition or loss or recognition for a student organization, is possible and (ii) either the complainant or the respondent do not agree with the recommended finding of responsibility, the Chair will convene a COD sexual misconduct hearing. The procedure for the sexual misconduct hearing is described in Section XIV.
v. If a sexual misconduct complaint is submitted against a residence hall, or an individual floor or unit within a residence hall, the COD may make non-binding recommendations concerning the residence hall to MIT Senior Leadership (either in addition to or in lieu of traditional sanctions) in accordance with Section VII.
Provisions Applicable to Title IX Sexual Harassment Complaints
A. The following post-investigation procedures apply to complaints of Title IX Sexual Harassment.
i. At the conclusion of the investigation, the investigator(s) will prepare a written investigation report that fairly summarizes relevant evidence. The investigation report will not include a recommended finding of responsibility.
ii. The complainant and the respondent will have an opportunity to review the final investigation report and the investigative record, which includes any information obtained as part of the investigation that is directly related to the allegations raised in the formal complaint. This includes information upon which MIT does not intend to rely in reaching a determination regarding responsibility; and inculpatory or exculpatory information, whether obtained from a party or other source. This information may be accessed online through IDHR’s secure online document system. In general, hard copies of these materials will not be distributed to the parties.
a) IDHR will make these materials available to the parties and their advisors, if any, at least ten days prior to the Title IX Sexual Harassment hearing.
iii. Provided that the complaint is not resolved through an Alternative Dispute Resolution/Informal Resolution, once the final investigation report is shared with the parties, IDHR will refer the matter for a Title IX Sexual Harassment hearing (see Section XVI).
a. The parties are permitted to submit a written response to the investigation report in advance of the Title IX Sexual Harassment hearing.
b. The parties are also permitted to submit an impact letter, not to exceed five double-spaced pages, to comment on the impact of the situation on them, any aggravating or mitigating factors they believe should be taken into consideration, and any sanctions they would like to recommend should the respondent be found responsible. This letter will only be shared with the Title IX Sexual Harassment hearing panel if during deliberations they find the respondent responsible for a policy violation.
c. A party’s written response will be shared with the other party and their advisors. The impact letter will only be shared with the other party and their advisors after the Title IX Sexual Harassment hearing if the panel finds the respondent responsible for a policy violation.
iv. The Title IX Sexual Harassment Hearing will be scheduled as soon as reasonably possible, but no sooner than ten days after the parties receive the final investigation report.
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