At all times, it is within the University’s discretion to determine which policies apply and whether action will be taken under multiple policies. Some Prohibited Conduct may result in separate investigations and potential separate and additional sanctions under multiple University policies.

A. WHERE THE RESPONDENT IS AN EMPLOYEE

The policy and procedures for responding to reports of Prohibited Conduct committed by University employees or University-related volunteer programs or activities are set forth in the University’s Sexual Harassment Policy (SPG 201.89-0).

B. WHERE THE RESPONDENT IS BOTH A STUDENT AND AN EMPLOYEE

If the Respondent is a student and an employee, the University’s Title IX Coordinator will determine which policy and procedures apply based upon the facts and circumstances, such as whether the Respondent’s status as a student or an employee is most closely related to the Prohibited Conduct. The procedures for responding to reports of Prohibited Conduct committed by student-employees, where the employment role predominates, are set forth in the University’s Sexual Harassment Policy (SPG 201.89-0).

C. WHERE THE RESPONDENT IS A THIRD PARTY

A third party is any individual who is not a University student or employee or a participant in any University-related program or activity. The University’s ability to take appropriate action against a third party will be determined by the nature of the relationship of the third party to the University. The Title IX Coordinator will determine the appropriate manner of resolution reflecting the University’s commitment to a prompt and equitable process consistent with federal law, federal guidance, and this Policy.

Where the Respondent is a third party, the University’s ability to take action may be limited.

Regardless of when or where the Prohibited Conduct occurred, the University will, whenever possible, offer resources and assistance to students (or members of the University community) who experienced and/or are affected by Prohibited Conduct. In those instances, when this Policy does not apply, the University will assist a Complainant in identifying and contacting external law enforcement and appropriate campus or community resources.

D. WHERE THE PROHIBITED CONDUCT IS COMMITTED IN THE CONTEXT OF ACTIVITIES OF A RECOGNIZED STUDENT ORGANIZATION

Recognized Student Organizations (RSOs) are registered with the Office of Student Engagement. Under this Policy, if the conduct alleged is a form of Prohibited Conduct, the Title IX Coordinator will be informed of, and maintain oversight over, the resolution of reports against RSOs to ensure that the University has taken appropriate action to eliminate the conduct, prevent its occurrence, and address its effects.

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