How to Report a Complaint
You should immediately report any complaint of Prohibited Conduct by contacting the Title IX Coordinator or the Deputy Title IX Coordinator, either of whom may delegate responsibility for investigation to a Designated Campus Official (“Designated Campus Official”).
Alternatively, you can make a report or complaint to the Student Support Help Desk, (844) 317-HELP.
You may also always contact the local police department and/or dial 911 for emergencies. Although you are under no obligation to do so, if you choose to involve law enforcement, the Title IX Coordinator will assist you in notifying the local police department.
Depending on when the conduct at issue took place, either the Title IX Coordinator or Designated Campus Official will take a statement from you regarding what happened. That individual will ask you to describe the accused individual(s) and may ask questions about the scene of the incident, any witnesses, and what happened before and after the incident. A referral to the local police department may be made at that time. You may have a support person with you during the interview. Unless you request confidentiality and the College-Institute is able to honor that request, an investigation into the incident will begin promptly after you report the incident.
The Title IX Coordinator or Designated Campus Official will also provide you with a written explanation of your rights and options under Title IX and this policy which will include, but may not be limited to, your right to make a report to local law enforcement, your right to file a complaint with the College-Institute, your right to be free from retaliation for reporting an incident, and your right to receive assistance and resources from the College-Institute.
In addition to reporting a complaint to a College-Institute official, you may also report a complaint to or seek information from federal or state agencies such as:
- The U.S. Department of Education’s Office for Civil Rights (“OCR”)
- Chicago Office (for Cincinnati campus): (312) 886-8434
- San Francisco Office (for Los Angeles campus): (415) 556-4275
- New York City Office (for NY campus): (212) 637-6466
- The Ohio Civil Rights Commission (“OCRC”), Cincinnati Regional Office: (513) 852-3344
- The State of California Department of Fair Employment and Housing (“DEFE”): (800) 884-1684 (toll free for complaints and information)
- The New York City Equal Employment Practices Commission: (212) 240-7902
- The New York State Human Rights Commission on Discrimination Complaints: (212) 306-7450
Any sexual abuse of a minor by teachers, staff or volunteers affiliated with the College-Institute must be reported to the College-Institute and to law enforcement or a similar agency. This duty to report applies to medical personnel working at a dispensary, clinic, infirmary, student health center, athletic facility, or similar facility.
Investigation
All complaints of Prohibited Conduct will be addressed in a prompt and equitable manner, including in instances where there is a pending law enforcement proceeding. The College-Institute will not delay its own independent investigation until after a criminal investigation, if any, is complete. Additionally, because the College-Institute has a duty to provide a safe and non-discriminatory environment for all students, the College-Institute may be required to conduct an investigation into an incident regardless of whether a formal complaint is filed.
The College-Institute has a duty to complete certain publicly available recordkeeping including reporting and disclosing information about certain crimes pursuant to a federal law known as the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act. However, duties under the Clery Act will not require the College-Institute to report or disclose a complainant’s personally identifying information. Nonetheless, even where the College-Institute cannot guarantee confidentiality, your privacy will be maintained to the greatest extent possible. If confidentiality cannot be guaranteed, the information you provide will be relayed only as necessary for effective investigation and/or resolution.
Typical Steps in an Investigation of a Formal Complaint of Prohibited Conduct: While investigations may vary due to the individual circumstances surrounding the particular complaint, investigations falling under this policy will typically involve the following:
- Preliminary review of the complaint by the Title IX Coordinator or Designated Campus Official to determine whether probable cause exists to believe a violation of this policy occurred.
- Assignment of the investigation from the Title IX Coordinator to an investigator who has been trained annually to investigate complaints.
- Written notification to the complainant and the accused will include the following:
- Details of the alleged prohibited conduct known at the time, including the identities of the involved parties;
- The date and location of the prohibited conduct, if known;
- A statement that an accused is presumed not responsible for the alleged conduct and that a determination regarding responsibility for the prohibited conduct is made at the conclusion of the grievance process;
- The parties’ right to an advisor of their choice who may be, but is not required to be, an attorney;
- The parties’ right to inspect and review evidence; and
- The Code of Conduct provision that prohibits knowingly making false statements or knowingly submitting false information during the grievance process.
- Interviews of the complainant, the accused, and any witnesses. The accused shall be provided a copy of any written complaint or otherwise informed of the complainant’s allegations. Similarly, the complainant shall be provided with a copy of any written response provided by the accused or otherwise informed of the accused’s response to the allegations.
- Gathering and examining of relevant documents or evidence (e.g., law enforcement investigatory records, student and/or personnel files, etc.). Both the complainant and respondent will be asked to provide a list of possible witnesses as well as any written or physical evidence (e.g., text messages, social media postings, emails, photos, medical records, etc.) that they wish to be considered by the investigator.
- Preparation of an investigatory report complete with a summary of interviews, relevant documents, findings, and recommendations for further action. The report must be provided to the parties and advisors, if any, at least 10 days prior to any hearing in the matter for their review and written response should they choose to respond.
Obligations of the College-Institute
Applicable law requires the College-Institute to ensure that the investigatory process be conducted equitably. Safeguards to that end include the following:
- Throughout the investigatory process, the burden of proof and of gathering evidence sufficient to reach a determination regarding responsibility, if any, for the alleged prohibited conduct, rest on the College-Institute and not on the parties except that the College-Institute may not access, consider, disclose or otherwise use a party’s medical records absent the party’s voluntary, written consent.
- The parties will have equal opportunity to present witnesses.
- The College-Institute will not restrict the ability of either party to discuss the allegations under investigation or to gather and present relevant evidence.
- Parties whose participation is invited or expected will receive written notice of the date, time, location, participants and purpose of all investigative interviews or other meetings with sufficient time for the party to prepare to participate.
- The parties will have an equal opportunity to be accompanied by an advisor of their choice, who may be but is not required to be an attorney. The choice should not be a witness. The advisor’s role is not to advocate or impede the investigation.
- Both parties shall have an equal opportunity to inspect and review any evidence obtained as part of the investigation that is directly related to the allegations so that each party can meaningfully respond to the evidence prior to the investigation’s conclusion.
- Prior to completion of the investigative report, the College-Institute will send to each party and the party’s advisor, if any, the evidence in an electronic format or hard copy to which the parties may respond in writing. The parties will have at least 10 days to respond.
Typical Timeframe: Generally, an investigation and, if applicable, a Grievance Committee proceeding (excluding an appeal of a Grievance Committee’s decision) regarding conduct falling under this policy will be completed within 60 days of the complaint. However, each situation will vary depending on its individual circumstances.
During the investigation, the College-Institute will continue to provide any appropriate interim or protective measures.
Disciplinary/Adjudication Procedure
Upon completion of the report, the investigator will deliver the report to the Title IX Coordinator. In the event that the Title IX Coordinator finds that there is probable cause to believe that a violation of this policy has occurred, the Title IX Coordinator will issue a notice of violation in writing to the accused and provide a copy of that notice to the complainant. Any notice of violation will also include a recommendation with regard to disciplinary action. In the event that the Title IX Coordinator does not find that there is probable cause to believe that a violation has occurred, the Title IX Coordinator will notify both the complainant and the accused in writing of that finding.
If either party feels aggrieved by the findings, he or she may challenge those findings through the College- Institute’s applicable appeal/grievance procedure. The procedure for challenging those finding through a grievance can be found in the policy titled “Appeal/Grievance Policy - Sexual Misconduct and Interpersonal Violence.” (http://huc.edu/equity-inclusion/what-our-policy).
Dismissal of a Formal Complaint
If the conduct alleged in the formal complaint would not constitute prohibited conduct even if proved, did not occur in the College-Institute’s jurisdiction or in the United States, then the Complaint will be dismissed for purposes of Title IX compliance. However, such dismissal does not preclude action under another College-Institute policy.
The College-Institute may dismiss a formal complaint or any allegation in the Complaint if, at any time during the investigation or hearing, the complainant notifies the Title IX Coordinator in writing that they want to withdraw the complaint or any allegation in the complaint. It may also dismiss a complaint when the accused is no longer enrolled at or employed by the College-Institute or where the College-Institute has been prevented from gathering evidence sufficient to reach a determination. Upon dismissal, a written notice of the dismissal and the reasons for it will be sent to the parties simultaneously.
Possible Discipline/Sanctions
The College-Institute reserves the right to exercise broad discretion in the imposition of corrective actions in connection with this policy. Possible discipline or sanctions for engaging in Prohibited Conduct:
- Oral warning
- Letter of warning or reprimand, and a copy placed in the student’s or employee’s file
- Probation
- Service to the College
- Counseling/training
- Demotion
- Housing Restrictions
- Forced leave of absence
- Suspension for a defined period of time
- Dismissal or expulsion from the College
Alcohol/Drug Use Amnesty
When reporting instances of Prohibited Conduct, reporters or witnesses who are acting in good faith will not be subject to alcohol and/or drug use policy violations occurring at or near the time of the alleged incident. This policy is intended to encourage reporting by eliminating students’ hesitation to report Prohibited Conduct out of fear that their own conduct may subject them to College-Institute disciplinary action.
“No Contact” Orders and Interim Suspensions
After receiving a report or complaint of Prohibited Conduct, the Title IX Coordinator has discretion to issue an order of “no contact” between the parties at issue and/or order that the accused be suspended on an interim basis, pending further review. Interim suspensions will be reserved for those situations where the Title IX Coordinator reasonably believes that the accused may present a continuing threat to the health and safety of the College-Institute community. Within five (5) days of the Title IX Coordinator issuing a “no contact” order or an interim suspension, any affected party may submit a written request (with evidence, if applicable) to the Title IX Coordinator to review the need for, and terms of, the “no contact” order or interim suspension.
The other affected party or parties will be notified of the request and similarly given five (5) days to respond in writing (with evidence, if applicable) to the Title IX Coordinator. The Title IX Coordinator will then promptly notify all parties regarding a modification, if any, to the “no contact” order or interim suspension.
Students’ Rights
All students have the right to:
- Make a report to local law enforcement and/or state police;
- Have disclosures of Prohibited Conduct treated seriously;
- Make a decision about whether or not to disclose a crime or violation and participate in the judicial or conduct process and/or criminal justice process free from pressure by the College-Institute;
- Participate in a process that is fair, impartial, and provides adequate notice and a meaningful opportunity to be heard;
- Be treated with dignity and to receive from the College-Institute courteous, fair, and respectful health care and counseling services, where available;
- Be free from any suggestion that the reporting individual is at fault when these crimes and violations are committed, or should have acted in a different manner to avoid such crimes or violations;
- Describe the incident to as few institution representatives as practicable and not be required to unnecessarily repeat a description of the incident;
- Be protected from retaliation by the College-Institute, any student, the accused and/or the respondent, and/or their friends, family, and acquaintances within the jurisdiction of the College-Institute;
- Access to at least one level of appeal of a determination;
- Be accompanied by an advisor of choice who may assist and advise a reporting individual, grievant, accused, or respondent throughout the investigative and disciplinary process including during all meetings and hearings related to such process; and
- A complainant whose allegations are found to be both demonstrably false and brought with malicious intent will be subject to disciplinary action which may include, but is not limited to, written warning, demotion, transfer, suspension, dismissal, expulsion or termination.
Campus Climate Assessments
The College-Institute will conduct biennial anonymous campus climate assessments to ascertain general awareness and knowledge of the provisions of its sexual misconduct and interpersonal violence policy, including, but not limited to, the role of the institution’s Title IX Coordinator or similar representative, how and where to report sexual misconduct and/or interpersonal violence, the definition of consent, and utilization of the institution’s policies and procedures addressing sexual misconduct and/or interpersonal violence. The College- Institute will publish the result of such assessments on its website.
Additional Resources and Services for Victims of Sexual Misconduct and/or Interpersonal Violence:
Cincinnati:
Police Department, District #5, (513) 352-3578 or 911
Women Helping Women Rape Crisis Center, (513) 381-5610
Women Helping Women
215 East 9th Avenue
Cincinnati, OH 45202 (Hamilton)
(513) 872-9259
www.womenhelpingwomen.org
Mental Health Association of Southwestern Ohio Suicide and Domestic Violence Prevention Hotline
(513) 287.8542 or (513) 287.8544
Hamilton County, 2400 Reading Rd, Ste. 412, Cincinnati, OH. 45202, Phone: (513) 721-2910; Fax: (513) 287- 8544
Ohio Department of Health
Children and Family Health Services Hotline: (800) 282-3435
Report abuse of persons with Developmental Disorders: (800) 231-5872
Emergency Response Hotline: (888) 411-4142
Help Me Grow Hotline: (800) 755-4769
Ohio AIDS/HIV/STD Hotline (Confidential): (800) 332-2437
Victim of Crimes Compensation (800) 824-8263
Crime Victims Services (800) 582-2877
Ohio Domestic Violence Network (800) 934-9840
ARC Legal Advocacy Program
513-695-1886
YWCA House of Peace
Batavia, OH 45103
County: Clermont
(513) 753-7282
Abuse & Rape Crisis Shelter of Warren County
Lebanon, OH 45036
County: Warren
(513) 695-1185
Los Angeles:
L.A. Police Department (213) 485-2582 or 911
University of Southern California Security, (213) 740-6000
L.A. Rape and Battering Hotline, (310) 392-8381
YWCA Greater Los Angeles Los Angeles, CA 90008 County: Los Angeles
(323) 296-0920
Peace Over Violence Los Angeles, CA 90017 County: Los Angeles
(213) 955-9090
Santa Monica Rape Treatment Center (310) 319-4000
Rape Treatment Center at Santa Monica-UCLA Medical Center Santa Monica, CA 90404
County: Los Angeles
(424) 259-7208
New York City:
Police Department, Sixth Precinct, (212) 741-4811 Rape Crisis Hotline, 1-800/621-4673
MOUNT SINAI BETH ISRAEL Victim Services Program: 317 E. 17th Street, 4th Floor, New York, NY; (212) 420- 4516 (24/7)
BELLEVUE HOSPITAL Victim Services Program: (212) 562-4730/3755;
462 First Avenue (at 27th Street), Ground Floor #GA68, New York, NY
Safe Horizon
New York, NY 10007 County: Kings County
(212) 577-7700
Center for Safety and Change,
New City, NY 10956
County: Rockland
(845) 634-3391
Hudson County Rape Crisis Center Jersey City, NJ 07306
(201) 795-8375