Denison's Response to Reports
Denison Response to Formal Reports of Sexual Assault and other Sexual Misconduct, Intimate Partner Violence and Stalking
- The Investigation Process
Once the University receives notice of an alleged incident of Sex Discrimination, including Sexual Harassment, Sexual Misconduct, Stalking and Retaliation, it will investigate in a prompt and impartial manner. The specific steps of the investigation and resolution process will vary depending on the nature of the allegations. Formal and informal resolution processes are described in the Policy Prohibiting Sex Discrimination, Including Sexual Harassment, Sexual Misconduct, Stalking and Retaliation.
- Prohibition on Retaliation
The University strictly prohibits Retaliation against any individual who makes a complaint of Sex Discrimination, including Sexual Harassment, Sexual Misconduct, Stalking and Retaliation, and also against any individual who cooperates in an investigation of such alleged acts. Retaliation against an individual for alleging Sex Discrimination, supporting a party making such a report, or assisting in providing information relevant to such a claim is a serious violation of University policy and may be treated as an independent instance of harassment or discrimination. Acts of alleged Retaliation should be reported immediately to the Title IX Coordinator and/or Deputy Title IX Coordinator(s) and will be promptly investigated. The University is prepared to take appropriate steps to protect individuals who fear that they may be subjected to Retaliation. Individuals found to have engaged in acts of Retaliation may face disciplinary action up to and including expulsion.
- Process Advisement
In all Sex Discrimination matters, the parties are encouraged to select a Campus Reporting Advisor (CARE Advisor) from a pool of faculty and staff members who have received training from the University about Sex Discrimination and Title IX compliance to serve as their advisor. The role of the advisor is to provide guidance and support, as well as to provide information about Denison’s investigation and resolution processes as they relate to Title IX cases. The advisor may be present at all meetings that the student attends throughout the investigation and resolution process, and can assist in preparing for any meeting or appeal.
Denison recognizes that the gravity and complexity of allegations of Non-Consensual Sexual Touching, Non-Consensual Sexual Intercourse, Intimate Partner Violence and Stalking may prompt a person’s need and/or desire for additional support. The Reporting Person and the Responding Person in cases involving such allegations may seek assistance from an advisor of their choice to help guide them through the investigative and resolution process. The role of any advisor of choice is limited as set forth above.
- Resolution Process
The resolution process is outlined in the Policy Prohibiting Sex Discrimination, Including Sexual Harassment, Sexual Misconduct, Stalking and Retaliation and Code of Student Conduct. Reports may be resolved informally or formally. If the University determines that it is appropriate, and if both parties agree, some alleged violations of the Policy Prohibiting Sex Discrimination, including Sexual Harassment, Sexual Misconduct, Stalking and Retaliation may be resolved through an informal process conducted by one or more Title IX administrator or their designee. Allegations of misconduct that are violent in nature, including sexual assault or intimate partner violence may only be resolved using the University’s formal resolution procedure.
In either case, Denison will determine, based on an investigation, whether to charge the respondent with a violation of the Policy Prohibiting Sex Discrimination, Including Sexual Harassment, Sexual Misconduct, Stalking and Retaliation. If a charge is made, then Denison will determine if the respondent is responsible for the charges based upon a preponderance of evidence standard. The respondent may also accept responsibility for the charge. Any student determined to be responsible for violation of the Policy Prohibiting Sex Discrimination, Including Sexual Harassment, Sexual Misconduct, Stalking and Retaliation may expect to receive University sanctions. The University is committed to issuing a sanction/remedy designed to stop the conduct, prevent its recurrence, and address its effects. As such, a student found responsible for violation may be subject to sanctions up to and including disciplinary expulsion.
For reports adjudicated through a formal resolutions process, either party to a case of sexual misconduct or sexual harassment may appeal the disciplinary outcome. Appeals shall be submitted in writing explaining the basis for appeal. Deadlines for appeal shall be no less than five (5) business days after receipt by the parties of the UCB’s written decision.
A student may appeal a disciplinary outcome on one or more of the following bases: 1) the conduct hearing was not conducted fairly, and/or was not in conformity with the procedures prescribed in the Code of Student Conduct, such that prejudice resulted; 2) the sanction imposed was disproportionate relative to the violation of the Code of Student Conduct for which the accused student was found responsible; or 3) previously unavailable relevant evidence could significantly impact the outcome of a case.