File a Sexual Misconduct Formal Complaint

The Office of Institutional Compliance/Title IX invites complainants who may not be able, for any reason, to file a sexual misconduct formal complaint in the format recommended to contact the office for assistance. Such assistance is not to be construed as pressure to file a formal complaint or a presumption on the part of the Office of Institutional Compliance/Title IX that a violation of policy has occurred.

Individuals who need reasonable accommodations to access and participate in the programs and services of the Office of Institutional Compliance/Title IX are encouraged to contact the office directly as soon as practicable. CNU students may instead contact Accessibility and Care Team Support for assistance with communicating the need for reasonable accommodations to the Office of Institutional Compliance/Title IX. CNU employees may instead contact their Benefits Specialist in the Office of Human Resources for assistance.

Upon receipt of a sexual misconduct formal complaint, the Office of Institutional Compliance/Title IX contacts the complainant to:

• confirm receipt of the formal complaint and verify that the complainant is the one who signed and submitted the formal complaint;
• confirm the complainant's initial choice of procedures (either the formal complaint investigation (hyplerlink to the sexual misconduct formal investigation page) and hearing process(hyperlink to SM formal complaint hearing process page) or, if available, an informal resolution process (hyperlink to Sexual Misconduct information resolution page));
• and provide the opportunity to review the formal complaint process and discuss reasonably available supportive measures and resources.

The Office also conducts an initial review of the allegations to determine applicability of Policy 1100 and contacts the complainant for any additional information that may be necessary for processing the complaint.

Once the complainant has responded to the Office of Institutional Compliance to confirm that the complainant filed the complaint for themselves and to provide any additional clarifying information requested by the office, the Office of Institutional Compliance/Title IX will then send out Notice of Allegation of Formal Complaint to the respondent and the complainant.

If the allegations in a sexual misconduct formal complaint do not fall within the scope of Policy 1100, the formal complaint will be dismissed. If a formal complaint, or a portion thereof is dismissed, the Title IX Coordinator or Deputy Title IX Coordinator will promptly send written notice of the dismissal, including the reason for the dismissal, to the complainant(s) and any parties notified of the formal complaint. If the dismissed allegations may constitute a violation of another university policy, the office of Institutional Compliance/Title IX may refer the allegations to the appropriate university authority, and the parties and/or the appropriate university authority may proceed under the applicable policy and procedures.

If the conduct alleged in the formal complaint, even if true, would not constitute sexual misconduct under Policy 1100 the formal complaint will be dismissed.

A formal complaint may also be dismissed for any of the following reasons:

• The respondent is no longer enrolled at or employed by CNU.
• The complainant is no longer enrolled at or employed by CNU.
• At the time of the incident, the complainant was not accessing the programs and activities of CNU for employment and/or as a participant in an education program of CNU.
• At the time of the incident, the respondent was not accessing the programs and activities of CNU for employment and/or as a participant in an education program of CNU.
• A complainant notifies the Title IX Coordinator or Deputy Title IX Coordinator in writing that the complainant would like to withdraw the Formal Complaint or any allegations therein.
• Specific circumstances prevent CNU from gathering evidence sufficient to reach a determination as to the formal complaint or allegations therein.

Appealing a Dismissal
These procedures are only for appealing the dismissal of a complaint by the Title IX Coordinator or Deputy Coordinator.

An individual may appeal the decision of the Title IX Coordinator or Deputy Coordinator to dismiss a sexual misconduct formal complaint, by submitting an appeal in writing, and the rationale for the appeal, to the designated appeal dismissal officer no later than five days after receipt of the notice of dismissal from the Title IX Coordinator or Deputy Coordinator. The deadline by which to submit a written appeal will be included in the notice of dismissal. The appeal dismissal officer is a senior member of CNU administration and the name and contact information for the designated appeal dismissal officer will be included in the notice of dismissal. The appeal dismissal officer serves in a fair and impartial manner and will not be designated to serve in any other capacity during the formal complaint process. The appeal dismissal officer will have ten (10) business days to make a determination regarding the dismissal and during that time may have access to the formal complaint and the notice of dismissal. The appeal dismissal officer will be responsible for notifying the parties and the Office of Institutional Compliance/Title IX in writing of the decision regarding the appeal. The decision of the appeal dismissal officer is final. If the appeal dismissal officer overturns the dismissal, the Office of Institutional Compliance/Title IX will proceed with the formal complaint procedure.

The complainant(s) may request to withdraw a sexual misconduct formal complaint at any time prior to an outcome being reached in the formal resolution process or the signing of a formal written agreement by both parties in the informal resolution process by notifying the Title IX Coordinator or Deputy Title IX Coordinator in writing. Withdrawal of a complaint generally results in dismissal of the complaint. Once a complaint is dismissed, it is closed and cannot be reopened for formal or informal resolution.

There are two different options available for addressing a sexual misconduct formal complaint and reaching an outcome:

Sexual Misconduct Formal complaint Investigation (hyperlink to page) and Hearing Process(hyperlink to page)
If a complainant elects to initiate the investigation and adjudication process for resolving a formal complaint, the formal complaint investigation and hearing procedures will be used.

Sexual Misconduct Informal Resolution Process (hyperlink to page)
If a complainant elects to initiate the informal resolution process, if available, the respondent and complainant must provide voluntary, written consent to participate in the informal resolution process, and may withdraw their consent to participate at any time prior to the signing of a written formal agreement. Once a written formal agreement is signed by the complainant, respondent, and facilitator the informal resolution process is final, and the formal complaint process is complete. Informal resolution is not available for formal complaints in which a student alleges sexual misconduct by a CNU employee.

Pausing the Investigation and Hearing Process to explore Informal Resolution

• At any time prior to reaching a determination in the investigation and hearing process, parties may request to pause the investigation and hearing process to explore the informal resolution process. However, once a determination has been reached in the hearing process, informal resolution is no longer available.
• Informal resolution is a voluntary process and both the complainant and respondent must voluntarily agree in writing to participate in informal resolution and may at any time, prior to the signing of a written formal agreement, elect to withdraw from the process.
• Parties are not required to pursue informal resolution before pursuing the investigation and hearing process.
• Reports of Non-Title IX Sexual Harassment involving employee respondents and employee complainants may be addressed using Policy 1005 informal resolution procedures or addressed by the Office of Human Resources using other informal resolution procedures available for resolving disputes between employees.

Exiting the Informal Resolution Process to resume or initiate the Investigation and Hearing Process

• At any time prior to signing a formal written agreement the complainant or respondent may elect to exit the informal resolution process and resume or initiate the formal complaint investigation and hearing process.
• Information generated and shared during the informal resolution process is considered confidential, maintained by the informal resolution facilitator, and is not made available for the investigation and hearing process.
• Parties are not required to pursue informal resolution before pursuing the investigation and hearing process.

After the Office of Institutional Compliance/Title IX has received a written sexual misconduct formal complaint (see formal complaint filing procedures for more information) from the complainant and received confirmation from the complainant of their intent to file a formal complaint, the Office of Institutional Compliance/Title IX will issue written notice of allegation of the formal complaint to the respondent and the complainant. The Office of Institutional Compliance/Title IX will make reasonable efforts to contact and discuss supportive measures, resources, and these procedures with the respondent and complainant including encouraging each party to schedule an appointment to meet with the Office of Institutional Compliance/Title IX to review procedures and supportive measures. During the formal complaint process, the Office of Institutional Compliance/Title IX will contact the complainant and respondent at regular intervals to check in and provide information about supportive measures.

In situations where there is an immediate threat to physical health or safety of the complainant or others and the complainant has decided not to file a formal complaint, the University may initiate the sexual misconduct formal complaint investigation and hearing process by having the Title IX Coordinator or Deputy Coordinator sign the formal complaint form. In such situations, the Title IX Coordinator and Deputy Coordinator do not serve in the role of the complainant. The complainant maintains their role as the complainant and will be notified of the decision of the university to initiate the process and will retain all rights to participate in the process.