Sexual Misconduct

All complaints will be received and reviewed by the Dean of Students as the Title IX Coordinator, once submitted at www.midwestern.edu/just-report-it. The resulting investigation will be undertaken by Deputy and Assistant Title IX Coordinators and overseen by the Dean of Students. All investigations will result in a subsequent recommendation for resolution with possible sanctions, which will be ultimately determined and enacted by the student(s)’ Academic Dean or Human Resources if an employee is involved. Students reporting violations have the right to file complaints with external law enforcement agencies as well as the University. University and law enforcement investigations will usually be conducted independently and possibly simultaneously. The University standard for determining the validity of a complaint is the ‘clear and convincing’ evidence standard.

Investigations of student complaints that involve another student or students only will be undertaken as stated above. Investigations involving student complaints against a MWU employee(s) or employee complaints against a student are undertaken jointly by Deputy Title IX Coordinators from Student Services and Human Resources. A resolution and possible determination of sanctions against an employee is determined by the Vice President for Human Resources. Student complaints concerning non-sexual harassment or other alleged violations of the Student Code of Conduct are governed under the Student Handbook’s section on the the Student Judicial System..

Students who are charged with sexual misconduct are in violation of the University’s “Code of Responsibilities of the Students of Midwestern University” as stated in The Code of the Responsibilities and Rights of Students section of this handbook. Disciplinary sanctions imposed by the University on students may include, but are not limited to, disciplinary warning, disciplinary probation, suspension, or dismissal. Students charged with violations may also be prosecuted under Illinois or Arizona criminal statutes. Employees will be disciplined according to University Human Resources guidelines. Employees charged with violations may also be prosecuted under Illinois or Arizona criminal statutes.

Grievance Procedures for Sex-Based Harassment, Sexual Misconduct or Sexual Assault

Midwestern University has adopted grievance procedures that provide for the prompt and equitable resolution of complaints made by students, employees, other individuals who are participating or attempting to participate in its education program or activity, or by the Title IX Coordinator. These grievance procedures address complaints that involve a student party.

Initiating an investigation of sex-based harassment or sexual misconduct:

The following people have a right to make a complaint of sex discrimination, including complaints of sex-based harassment, requesting that Midwestern University investigate and make a determination about alleged discrimination under Title IX:

A “complainant” which includes: 

• A student or employee of Midwestern University who is alleged to have been subjected to conduct that could constitute sex discrimination under Title IX; or 

• A person other than a student or employee of Midwestern University who is alleged to have been subjected to conduct that could constitute sex discrimination under Title IX at a time when that individual was participating or attempting to participate in Midwestern University’s education program or activity. 

• A parent, guardian, or other authorized legal representative with the legal right to act on behalf of a complainant; or 

• Midwestern University’s Title IX Coordinator.

Note that a person is entitled to make a complaint of sex-based harassment only if they themselves are alleged to have been subjected to the sex-based harassment, if they have a legal right to act on behalf of such person, or if the Title IX Coordinator initiates a complaint consistent with the requirements of 34 C.F.R. § 106.44(f)(1)(v).

Midwestern University may consolidate complaints of sex discrimination against more than one respondent, or by more than one complainant against one or more respondents, or by one party against another party, when the allegations of sex discrimination arise out of the same facts or circumstances. When more than one complainant or more than one respondent is involved, references below to a party, complainant, or respondent include the plural, as applicable.

To institute proceedings regarding allegations of sex-based harassment or sexual misconduct, the following procedures shall be followed:

1. The nature of the complaint and related circumstances are to be reported,  and submitted to the Dean of Students, as the Title IX Coordinator, at https://www.midwestern.edu/just-report-it.

2. The complaint may remain informal should the reporting person (complainant) so choose, as long as the issue is of such a nature that does not warrant its escalation to a formal process (see 3 below) and both parties agree to an informal process. If the complaint remains informal and the complainant wishes to remain anonymous, then the goal of the informal investigation will be to stop the unwanted behavior. Should the informal complaint be deemed valid, the Title IX Coordinator will follow the process of dealing with grievances/complaints as is described in the Student Judicial section of the Student Handbook.

3. A formal complaint must include the name of the involved student or employee (the respondent), the name and status of the complainant, and the nature of the alleged act(s). The University will investigate the allegations of a formal complaint and send written notices to both parties (complainants and respondents) of the allegations upon receipt of a formal complaint. The written statement may be sent to the respondent via the University email system or delivered in person. Should the respondent refuse or fail to accept delivery of the statement after a bona fide attempt is made to deliver, the requirement of notification will be considered to have been met. All correspondence related to the proceedings is confidential material. Correspondence to employees will be handled via Human Resources. If the allegations noted in a formal complaint do not meet the definition of sexual harassment or did not occur in the school’s education program or activity against a person in the United States, the University must dismiss such allegations for the purposes of Title IX, but may still address the allegations in any manner the University deems appropriate under the University Code of Conduct (Appendix Two, Sections One and/or Two).

4. Temporary suspension: Should a student action be of such a nature that it is felt that they must be relieved of their right to attend Midwestern University, the student may be temporarily suspended from the college on recommendation of the Dean of Students. Any temporary suspension may continue until such time as the issue in dispute is resolved under the process outlined below. Suspension of employees will be handled by Human Resources.

5. Academic Adjustment: Should a student action be of such a nature that it is felt that they must be removed/separated from the complainant, such action will be taken, including reassigning lab/group/ rotation assignments and on-campus housing locations on the recommendation of the Dean of Students. Any temporary academic adjustment may continue until such time as the issue in dispute is resolved under the process outlined below.

Guidelines for Title IX Grievance Procedures

Midwestern University will treat complainants and respondents equitably.

Midwestern University requires that any Title IX Coordinator, investigator, or decisionmaker not have a conflict of interest or bias for or against complainants or respondents generally or an individual complainant or respondent. As long as there is no conflict of interest or bias, a decisionmaker may be the same person as the Title IX Coordinator or investigator.

Midwestern University presumes that the respondent is not responsible for the alleged sex discrimination until a determination is made at the conclusion of its grievance procedures.

Midwestern University has established the following timeframes for the major stages of the grievance procedures: a response for each major stage of the process will typically occur within 5 school days. Major stages include, for example, evaluation (i.e., the decision whether to dismiss or investigate a complaint); investigation; determination; and appeal, if any. Midwestern University will notify all parties of reasonable extensions of timeframes determined to be necessary for good cause with the reason for delay.

Midwestern University will take reasonable steps to protect the privacy of the parties and witnesses during its grievance procedures; however, Midwestern University cannot guarantee absolute anonymity or privacy where certain information is required to faithfully execute the grievance process. Midwestern University will, however, attempt to disclose the minimum necessary to faithfully execute the grievance process. These steps will not restrict the ability of the parties to obtain and present evidence, including by speaking to witnesses; consult with their family members, confidential resources, or advisors; or otherwise prepare for or participate in the grievance procedures. The parties cannot engage in retaliation, including against witnesses.

Midwestern University will objectively evaluate all evidence that is relevant and not otherwise impermissible—including both inculpatory and exculpatory evidence. Credibility determinations will not be based on a person’s status as a complainant, respondent, or witness.

The following types of evidence, and questions seeking that evidence, are impermissible (i.e., will not be accessed or considered, except by Midwestern University to determine whether one of the exceptions listed below applies; will not be disclosed; and will not otherwise be used), regardless of whether they are relevant:

• •Evidence that is protected under a privilege recognized by Federal or State law or evidence provided to a confidential employee, unless the person to whom the privilege or confidentiality is owed has voluntarily waived the privilege or confidentiality;

• A party’s or witness’s records that are made or maintained by a physician, psychologist, or other recognized professional or paraprofessional in connection with the provision of treatment to the party or witness, unless Midwestern University obtains that party’s or witness’s voluntary, written consent for use in its grievance procedures; and

• Evidence that relates to the complainant’s sexual interests or prior sexual conduct, unless evidence about the complainant’s prior sexual conduct is offered to prove that someone other than the respondent committed the alleged conduct or is evidence about specific incidents of the complainant’s prior sexual conduct with the respondent that is offered to prove consent to the alleged sex-based harassment. The fact of prior consensual sexual conduct between the complainant and respondent does not by itself demonstrate or imply the complainant’s consent to the alleged sex-based harassment or preclude determination that sex-based harassment occurred.

Written Notice of Allegations

Upon initiation of these Title IX grievance procedures, Midwestern University will notify the parties in writing of the following with sufficient time for the parties to prepare a response before any initial interview:

• Midwestern University’s Title IX grievance procedures and any informal resolution process;

• Sufficient information available at the time to allow the parties to respond to the allegations, including the identities of the parties involved in the incident(s), the conduct alleged to constitute sex-based harassment, and the date(s) and location(s) of the alleged incident(s);

• Retaliation is prohibited;

• The respondent is presumed not responsible for the alleged sex-based harassment until a determination is made at the conclusion of the grievance procedures. Prior to such a determination, the parties will have an opportunity to present relevant and not otherwise impermissible evidence to a trained, impartial decisionmaker;

• The parties may have an advisor of their choice who may be, but is not required to be, an attorney;

• The parties are entitled to an equal opportunity to access the relevant and not otherwise impermissible evidence or an investigative report that accurately summarizes this evidence; and

If, in the course of an investigation, Midwestern University decides to investigate additional allegations of sex-based harassment by the respondent toward the complainant that are not included in the written notice or that are included in a consolidated complaint, it will provide written notice of the additional allegations to the parties.

Dismissal of a Complaint

Midwestern University may dismiss a complaint if:

• Midwestern University is unable to identify the respondent after taking reasonable steps to do so;

• The respondent is not participating in Midwestern University’s education program or activity and is not employed by Midwestern University;

• Midwestern University obtains the complainant’s voluntary withdrawal in writing of any or all of the allegations, the Title IX Coordinator declines to initiate a complaint, and Midwestern University determines that, without the complainant’s withdrawn allegations, the conduct that remains alleged in the complaint, if any, would not constitute sex discrimination under Title IX even if proven; or

• Midwestern University determines the conduct alleged in the complaint, even if proven, would not constitute sex discrimination under Title IX. Before dismissing the complaint, Midwestern University will make reasonable efforts to clarify the allegations with the complainant.

Upon dismissal, Midwestern University will promptly notify the complainant in writing of the basis for the dismissal. If the dismissal occurs after the respondent has been notified of the allegations, then Midwestern University will notify the parties simultaneously in writing.

Midwestern University will notify the complainant that a dismissal may be appealed on the bases outlined in the Appeals section. If dismissal occurs after the respondent has been notified of the allegations, then Midwestern University will also notify the respondent that the dismissal may be appealed on the same bases. If a dismissal is appealed, Midwestern University will follow the procedures outlined in the Appeals section.

When a complaint is dismissed, Midwestern University will, at a minimum:

• Offer supportive measures to the complainant as appropriate;

• If the respondent has been notified of the allegations, offer supportive measures to the respondent as appropriate; and

Take other prompt and effective steps, as appropriate, through the Title IX Coordinator to ensure that sex discrimination does not continue or recur within Midwestern University’s education program or activity.

Investigation and Resolution of Conduct Matter

Any issue concerning student conduct will be investigated and resolved by utilizing the office of the Title IX Coordinator (Dean of Students).

Midwestern University will provide for adequate, reliable, and impartial investigation of complaints.

The Title IX Coordinator and/or Title IX Deputy or Assistant Coordinators is/are authorized to receive informal and formal complaints regarding sex-based harassment or sexual misconduct. The Title IX Coordinator oversees investigations with Title IX Deputies. Following the investigation of a formal complaint (see below), the Title IX Coordinator will arrange for a live hearing that is conducted by a Hearing Officer or University dedicated decision maker which, for students, is the appropriate Academic Dean. At the completion of a live hearing, the decision maker will determine the validity of the charges and decide on appropriate disciplinary actions in accordance with the Student Judicial System section of the Student Handbook.

In sexual misconduct cases involving a student(s) and an employee(s) of the University, the decision maker will be the Senior Vice President for Human Resources. Complaints against vendors will be conducted in the same manner as described for employees above.

Method of Resolution

Informal Process

Upon receipt of a verbal or a written complaint lodged against the respondent the Title IX Coordinator or Deputy Coordinator will meet with the complainant to determine if the complainant wishes to proceed through an informal or a formal process. If the complainant chooses the informal process, then the Dean of Students, as the Title IX Coordinator, along with Title IX Deputies and/or Title IX Assistant Coordinators, will conduct an investigation, meeting with both parties individually, and any other individuals that either party feels is appropriate, with the intent that any substantiated inappropriate behavior be stopped. Should the complainant wish to remain anonymous, all efforts will be taken to do the investigation anonymously. Disciplinary actions/sanctions are not part of an informal process, but rather, that substantiated inappropriate behavior be stopped. In addition, depending on the complainant’s wishes and the determination of wrongdoing, supportive measures and/or any non-disciplinary corrective measures will be taken in accordance with stopping the alleged behaviors from ever recurring. Both parties are also counseled that retaliatory behaviors are not condoned and that such behaviors would be subject to disciplinary actions in accordance with the Complaint/Grievance Policy set forth inthe Student Judicial System section of the Student Handbook. Although a formal hearing is not used for informal complaints, the involved student’s Academic Dean is always contacted and involved with the decision process.

Formal Process

If the complainant chooses to follow a formal process, the Title IX Coordinator will set in motion the process below, including a formal live hearing. Both the complainant and the respondent have the right to have an advisor present during all discussions/meetings/interviews/proceedings. The University can provide an advisor upon a student’s request. Students may choose to have a lawyer as their advisor.

• Midwestern University will not limit the choice or presence of the advisor for the complainant or respondent in any meeting or proceeding.

• Midwestern University may establish restrictions regarding the extent to which the advisor may participate in these grievance procedures, as long as the restrictions apply equally to the parties.

The burden is on Midwestern University—not on the parties—to conduct an investigation that gathers sufficient evidence to determine whether sex discrimination occurred.

Midwestern University will provide to a party whose participation is invited or expected, written notice of the date, time, location, participants, and purpose of all meetings or proceedings with sufficient time for the party to prepare to participate.

Midwestern University will provide an equal opportunity for the parties to present fact witnesses and other inculpatory and exculpatory evidence that are relevant and not otherwise impermissible.

Midwestern University will review all evidence gathered through the investigation and determine what evidence is relevant and what evidence is impermissible regardless of relevance.

Midwestern University will provide each party and the party’s advisor, if any, with an equal opportunity to access the evidence that is relevant to the allegations of sex-based harassment and not otherwise impermissible, in the following manner: 

• Midwestern University will provide an equal opportunity to access either the relevant and not otherwise impermissible evidence, or the same written investigative report that accurately summarizes this evidence.

• Midwestern University will provide a reasonable opportunity to review and respond to the evidence or the investigative report. If a live hearing is conducted as part of the grievance procedures, Midwestern University will provide an opportunity to review the evidence in advance of the live hearing.

• Midwestern University will take reasonable steps to prevent and address the parties’ and their advisors’ unauthorized disclosure of information and evidence obtained solely through the sex-based harassment grievance procedures.

Questioning the Parties and Witnesses

Midwestern University will provide a process that enables the hearing officer or decision maker to question parties and witnesses in person or via MS Teams to adequately assess a party’s or witness’s credibility to the extent credibility is both in dispute and relevant to evaluating one or more allegations of sex-based harassment.

When a live hearing is conducted, Midwestern University’s process for proposing and asking relevant and not otherwise impermissible questions and follow-up questions of parties and witnesses, including questions challenging credibility, will allow the hearing officer or decisionmaker to ask such questions, and either:

• Allow each party to propose such questions that the party wants asked of any party or witness and have those questions asked by the hearing officer or decisionmaker, subject to the procedures for evaluating and limiting questions discussed below; or

• Allow each party’s advisor to ask any party or witness such questions, subject to the procedures for evaluating and limiting questions discussed below. Such questioning will never be conducted by a party personally.

Procedures for the hearing officer or decisionmaker to evaluate the questions and limitations on questions:

The hearing officer or decisionmaker will determine whether a proposed question is relevant and not otherwise impermissible before the question is posed and will explain any decision to exclude a question as not relevant or otherwise impermissible. Questions that are unclear or harassing of the party or witness being questioned will not be permitted. The hearing officer or decisionmaker will give a party an opportunity to clarify or revise a question that the hearing officer or decisionmaker determines is unclear or harassing. If the party sufficiently clarifies or revises the question, the question will be asked.

Refusal to respond to questions and inferences based on refusal to respond to questions:

The decisionmaker may choose to place less or no weight upon statements by a party or witness who refuses to respond to questions deemed relevant and not impermissible. The decisionmaker will not draw an inference about whether sex-based harassment occurred based solely on a party’s or witness’s refusal to respond to such questions.

Procedures for a Live Hearing

Midwestern University will conduct the live hearing with the parties physically present in the same geographic location or, at Midwestern University’s discretion or upon the request of either party, will conduct the live hearing with the parties physically present in separate locations with technology enabling the hearing officer or decisionmaker and parties to simultaneously see and hear the party or witness while that person is speaking.

Midwestern University will create an audio or audiovisual recording or transcript of any live hearing and make it available to the parties for inspection and review.

Determination Whether Sex-Based Harassment Occurred

Following an investigation and evaluation of all relevant and not otherwise impermissible evidence, Midwestern University will:

Use the standard of proof to determine whether sex discrimination occurred. The standard of proof requires the decisionmaker to evaluate relevant and not otherwise impermissible evidence for its persuasiveness. If the decisionmaker is not persuaded under the applicable standard by the evidence that sex discrimination occurred, whatever the quantity of the evidence is, the decisionmaker will not determine that sex discrimination occurred.

Notify the parties simultaneously in writing of the determination whether sex-based harassment occurred under Title IX including:

• A description of the alleged sex-based harassment;

• Information about the policies and procedures that Midwestern University used to evaluate the allegations;

• The decisionmaker’s evaluation of the relevant and not otherwise impermissible evidence and determination whether sex-based harassment occurred;

• When the decisionmaker finds that sex-based harassment occurred, any disciplinary sanctions Midwestern University will impose on the respondent, whether remedies other than the imposition of disciplinary sanctions will be provided by Midwestern University to the complainant, and, to the extent appropriate, other students identified by Midwestern University to be experiencing the effects of the sex-based harassment; and

• procedures and permissible bases for the complainant and respondent to appeal.

Midwestern University will not impose discipline on a respondent for sex discrimination prohibited by Title IX unless there is a determination at the conclusion of the Title IX grievance procedures that the respondent engaged in prohibited sex discrimination.

If there is a determination that sex discrimination occurred, as appropriate, the Title IX Coordinator will: 

• Coordinate the provision and implementation of remedies to a complainant and other people Midwestern University identifies as having had equal access to Midwestern University’s education program or activity limited or denied by sex discrimination;

• Coordinate the imposition of any disciplinary sanctions on a respondent, including notification to the complainant of any such disciplinary sanctions; and

• Take other appropriate prompt and effective steps to ensure that sex discrimination does not continue or recur within Midwestern University’s education program or activity.

• Comply with the Title IX grievance procedures before the imposition of any disciplinary sanctions against a respondent; and

• Not discipline a party, witness, or others participating in the Title IX grievance procedures for making a false statement or for engaging in consensual sexual conduct based solely on the determination whether sex discrimination occurred.

Any sanctions that are made will be in accordance with the Student Judicial System (Sanctions) section of the Student Handbook. A copy of the Title IX Coordinator or Deputy Coordinator’s initial investigation and all information obtained as part of the live hearing will be recorded and summarized in written format. A copy of all of the above stated information will be part of the Title IX records maintained by the Dean of Students/Title IX Coordinator. In a joint investigation with Human Resources which involves a University employee, a copy of the investigation and all supporting evidence will also be submitted to the Senior Vice-President of Human Resources. If the allegations against an employee are confirmed by the Decision Maker, the Human  Resources Department will impose the appropriate sanction per Human Resource policy.

When the respondent is a student, within 5 business days (depending on reasonable circumstances) after making a decision and determining a course of action (sanctions) the Decision Maker (appropriate Academic Dean) will notify the respondent in writing of their decision including, if applicable, any disciplinary action. Any disciplinary action must conform to the Student Judicial System section of the Student Handbook. A copy of the Academic Dean’s decision must be sent to the Dean of Students/Title IX Coordinator for record keeping. The complainant (student or employee) reporting the violation will also be notified, in writing, of the outcome of the investigation.

The Senior Vice-President of Human Resources will notify the respondent employee in writing of disciplinary action. The complainant will also be notified, in writing, of the outcome of the investigation. The total investigation should be completed within what would be considered a reasonably prompt amount of time, depending on the circumstances.

The determination regarding responsibility becomes final either on the date that Midwestern University provides the parties with the written determination of the result of any appeal, or, if no party appeals, the date on which an appeal would no longer be considered timely.

Appeal Process

Both the complainant reporting the incident and the respondent have the right of appeal to the Provost of the University. If the respondent or the complainant does not accept the Decision Maker’s (Academic Dean/Senior Vice- President of Human Resources’) decision, the respondent/complainant may appeal to the Provost within 5 business days of notification of the Decision Maker’s (Academic Dean/Senior Vice-President’s) decision, by submitting a written statement containing the basis and reasons for the appeal including all relevant facts. Appeals can be made on the following bases:

• Procedural irregularity that would change the outcome;

• New evidence that would change the outcome and that was not reasonably available when the determination or dismissal was made; and

• The Title IX Coordinator, investigator, or decisionmaker had a conflict of interest or bias for or against complainants or respondents generally or the individual complainant or respondent that would change the outcome.

The Provost will review all relevant information from the investigation and the transcript and/or the recording of the live hearing. The Provost will act upon the appeal by (a) confirming the original decision, (b) altering any sanctions imposed, or (c) requesting the respondent/complainant, the Title IX Coordinator, and/or the applicable Academic Dean/Vice-President of Human Relations to submit additional information prior to rendering a decision.

If a party appeals a dismissal or determination whether sex-based harassment occurred, Midwestern University will: 

• Notify the parties in writing of any appeal, including notice of the allegations, if notice was not previously provided to the respondent; 

• Implement appeal procedures equally for the parties; 

• Ensure that the decisionmaker for the appeal did not take part in an investigation of the allegations or dismissal of the complaint; 

• Ensure that the decisionmaker for the appeal has been trained consistent with the Title IX regulations; 

• Communicate to the parties in writing that Midwestern University will provide the parties a reasonable and equal opportunity to make a statement in support of, or challenging, the outcome; and 

• Notify the parties in writing of the result of the appeal and the rationale for the result. 

Any additional procedures or bases for appeal Midwestern University offers will be equally available to all parties.

The final decision rests with the Provost. A copy of the Provosts decision will be sent to the Senior Vice President of Human Relations and the Title IX Coordinator for inclusion in the student’s/employee’s disciplinary file.

Record Keeping in Conduct Matters

Records of the above proceedings shall be kept in accordance with the following guidelines 

• All records related to disciplinary investigations/actions against students are managed by the Office of the Title IX Coordinator (Dean of Students)
• All records related to disciplinary investigations/actions/appeals are maintained in perpetuity.
• A student may see any and all records related to their disciplinary investigation/action/appeal in accordance with the college regulations concerning inspection of records as spelled out in Guidelines for Access to and Disclosure of Educational Records Maintained by Midwestern University.
• The University will disclose to the complainant the results of any disciplinary hearing conducted by the University against the respondent. If the complainant is deceased as a result of the crime or offense, the University will provide the results of the disciplinary hearing to the complainant’s next of kin, if so requested.