Legal Process Definitions
Definitions:
| Term | Definition |
|---|---|
| Complainant | Person potentially experiencing harm. May not be the person who files the report. |
| Intake | An intake is a voluntary meeting a complainant is able to participate in. Advisors may be present for an intake. During an intake, OCRTIX staff will provide an overview of our office, invite the complainant to share their experience, and explore the complainant's goals. Often times, the complainant decides what occurs after then intake. The exception is if the Title IX Coordinator determines action needs to be taken by the university due to an ongoing threat of safety or egregious behavior. This is rare, which allows for the complainant to continue to consider which option is best for their situation. We allow the complainant time to decide on their goals and stay in contact with them until they inform us of their wishes. |
| Advisor | An advisor/s can assist parties in a variety of ways. They can offer emotional support, understanding of our processes, and/or legal representation. Advisors can be anyone (inside or outside of the university), except for our OCRTIX staff. If someone has an advisor, they can email our office to inform us as to how they would like that person involved and we will take note and involve them as requested. If a party brings legal representation, our staff will also invite a member of General Counsel to those interactions. |
| Support Measures | Support Measures are informal, non-punitive, and individualized ways to address potentially concerning behavior and/or to informally resolve incidents. They are intended to restore and/or preserve the parties' access to the University's academic programs and activities, as well as to protect the safety of all parties. They are offered and explored as appropriate and reasonable to the situation, as long as they do not cause the University undue hardship. Support Measures are available to all parties involved in OCRTIX reports. Examples of Support Measures may include:
|
| Mediation | Mediation can be an informal or formal (depending on classification of incident) way to resolve an incident. This involves parties consensually engaging in a mediated conversation by an OCRTIX staff member. During the mediation, parties communicate their perspectives, talk about the impact of the incident, and work together to determine what the best path forward could be. Mediation is not always appropriate in all situations. In order for a mediation to occur all parties, along with the Title IX Coordinator, has to agree mediation is appropriate for the specific case. |
| Informal Resolution Agreement | An Informal Resolution Agreement is an agreement between the parties intending to communicate strict boundaries and expectations moving forward. Often times an Informal Resolution Agreement is a complainant's way of addressing their concern at the highest level before exploring formal options, such as an investigation. Informal Resolution Agreements are non-punitive, but binding. Meaning, that if parties sign, they are agreeing to the terms outlined within the agreement. The agreement often includes clarifying expectations and requirements for ongoing education related to the behavior in question. |
| Formal Complaint | A formal complaint is a complainant's way of requesting OCRTIX consider taking formal action on potentially concerning behavior. Anyone is able to submit a formal complaint at any time. The formal complaint includes the name of the person filing the complaint, any witnesses named by the complainant, and a summary of the allegations of potentially concerning behavior. When a Formal Complaint is made, OCRTIX informs the person potentially engaged in causing the harm (respondent) that a formal complaint has been filed, naming them in the complaint. |
| Respondent | A Respondent is the person who has potentially caused harm. Respondents are entitled to all the same access to advisors, support measures, and other forms of due process throughout the process. Respondents will not be notified of reports unless/until a Formal Complaint has been filed against them. Respondents are thought to be not-responsible unless/until a decision has been made through a formal investigation. |
| Case Evaluation | A Case Evaluation occurs after a Formal Complaint has been filed. OCRTIX staff review the formal complaint and perform an initial analysis to determine if the complaint is within OCRTIX jurisdiction. If it is determined to be, the case is assigned to an investigator. If it is not, our staff issues a notice to the complainant and respondent informing them that we will not be engaging formal processes and explains how we reached that decision. |
| Investigation | An investigation is the most formal option a complainant has. This is when an investigator on our team attempts to gather all relevant information through interviews, document review, and more to attempt to determine if there was a policy violation of a policy held by OCRTIX. An investigation may result in either a hearing or a decision maker issuing a decision (depending on the classification of the case). |