PROCEDURES FOR SEXUAL MISCONDUCT COMPLAINT RESOLUTION
Each process involving a sexual misconduct complaint will provide a prompt, fair, and impartial investigation and resolution. Each complaint resolution process will be conducted by individuals who receive, at a minimum, annual training on issues related to sex discrimination, sexual harassment, sexual assault, domestic violence, dating violence, and stalking, and how to conduct an investigation and decision-making process that protects the safety of all and promotes accountability. In addition, each complaint resolution process will be conducted by individuals who do not have a conflict of interest or bias for or against the complainant or respondent.
Initial Title IX Review and Assessment
In most cases, the first step of the complaint resolution process is a preliminary meeting between the complainant and the Title IX Coordinator or the Title IX Coordinator’s designee(s). The purpose of the preliminary meeting is to allow the Title IX Coordinator to gain a basic understanding of the nature and circumstances of the report or complaint; it is not intended to be a full investigation interview.
As part of the initial meeting with the complainant, the Title IX Coordinator or the Title IX Coordinator’s designee(s) will:
• assess the nature and circumstances of the allegation;
• address immediate physical safety and emotional well-being of the complainant;
• notify the complainant of the right to contact law enforcement and seek medical treatment;
• notify the complainant of the importance of preservation of evidence;
• provide the complainant with information about on- and off-campus resources;
• notify the complainant of the range of interim accommodations and remedies;
• provide the complainant with an explanation of the procedural options, including how to file a complaint and the complaint process;
• in cases involving allegations of sexual assault, dating violence, domestic violence, or stalking, advise the complainant of the right to have an advisor of choice;
• discuss the complainant’s expressed preference for the manner of resolution and any barriers to proceeding; and
• explain ORU’s policy prohibiting retaliation.
All reports and complaints of sexual misconduct will be reviewed by the Title IX Coordinator and/or the Title IX Coordinator’s designee(s) to determine the risk of harm to individuals or to the campus community. Steps will be taken to address these risks in consultation with the Director of Public Safety and Security and/or members of the Title IX Team. The Title IX Coordinator and/or the Title IX Coordinator’s designee(s) will also assess the reported conduct for the need for a timely warning under the Clery Act; and assess for pattern evidence or other similar conduct by respondent.
The Title IX Coordinator or the Title IX Coordinator’s designee(s) has discretion to refer the matter to other ORU disciplinary procedures. This referral option will generally be used when the alleged behavior does not fall within the policy or the alleged behavior applies to another disciplinary procedure. If the Title IX Coordinator or the Title IX Coordinator’s designee(s) determines that the report or complaint, even if substantiated, would not be a violation of this policy, they may dismiss the matter or refer it to another applicable disciplinary procedure. The parties will be notified of that determination and the complainant will be informed of other procedures for resolving the complaint and of other resources that may be available to the complainant.
This initial review generally will take no more than seven (7) calendar days
Sexual Misconduct Complaint
The filing of a complaint begins the complaint resolution process under this procedure. In most cases, complaints are made by the complainant. However, ORU reserves the right to move forward with a complaint resolution process to protect the safety and welfare of the community, even if the victim chooses not to make or move forward with a complaint. Generally, the Title IX Coordinator will make a determination of whether ORU will move forward with a complaint resolution process in the absence of a complaint filed by the victim. If ORU decides that it has an obligation to move forward with a complaint resolution process, it will notify the victim before proceeding.
Complaints of sexual misconduct should be made through the Title IX Coordinator:
Dr. Matthew Olsen
Title IX Coordinator
7777 South Lewis Avenue
Tulsa, OK 74171
Notice of Allegation
When the Title IX Coordinator has received a complaint of sexual misconduct, the Title IX Coordinator or the Title IX Coordinator’s designee(s) will meet with the respondent and will:
· notify the respondent of the complaint and alleged policy violations that are being investigated;
· provide the respondent an explanation of the process;
· notify the respondent of the importance of preservation of evidence;
· notify the respondent of any interim measure or remedies that have been put in place that directly relate to the respondent (i.e., no-contact directive);
· provide the respondent with information about on- and off-campus resources;
· in cases involving allegations of sexual assault, dating violence, domestic violence, or stalking, advise the respondent of the right to have an advisor; and
· explain ORU’s policy prohibiting retaliation.