Procedures Regarding Complaints Against Employees Related to Prohibited Conduct that are Outside of Title IX in Violation of the Sexual and Interpersonal Misconduct Policy 

Effective Date

June 12, 2017

Last Revision Date

June, 2023 

Responsible Party

Title IX, Human Resources


In an effort to maintain a safe learning, living, and working environment, Marymount University (“University”) prohibits Sexual Harassment as defined by Title IX regulations; Sexual Assault; Dating Violence; Domestic Violence; Stalking; Sexual Exploitation; and Retaliation (“Prohibited Conduct”), as set forth in the Sexual and Interpersonal Misconduct Policy (the “Policy”). 

These Procedures establish the formal grievance process for reporting, investigating, and resolving incidents of Prohibited Conduct that fall outside the scope or jurisdiction of Title IX  involving an employee as a Respondent.  These Procedures should be read in the context of the Policy and capitalized terms used in these Procedures, including Prohibited Conduct, are defined in the Policy.  

1.0 Policy Statement 

As stated in the Policy, Marymount University is committed to establishing and maintaining a safe and nondiscriminatory educational environment in which all individuals are treated with respect and dignity. The University does not discriminate on the basis of sex in its educational, extracurricular, athletic or other programs, or in the context of employment. Sexual harassment, sexual assault, dating violence, domestic violence, stalking and retaliation are all  forms of sex discrimination. Marymount University will not tolerate any sexual harassment, sexual assault, dating violence, domestic violence, stalking or retaliation.   

1.1 Complaint Resolution 

The University will respond promptly and effectively to reports of discrimination and will take appropriate action to prevent, to correct, and if necessary, to discipline individuals who violate the Policy. Members of the University Community who have relevant information are expected to cooperate with investigations of such Prohibited Conduct. These Procedures apply to complaints against employees alleging Prohibited Conduct that fall outside the jurisdiction of Title IX.  For those complaints against employees alleging Prohibited Conduct that fall within the jurisdiction of Title IX, then the formal grievance process under “Process A” in the Policy will apply. 

1.2 Retaliation 

The University prohibits retaliation against a member of the University Community for reporting an incident that may implicate the Policy, participating in the grievance process, supporting a Complainant or Respondent, assisting in providing information relevant to an investigation, and/or acting in good faith to oppose conduct. Retaliation includes, but is not limited to taking materially adverse action by intimidating, threatening, coercing, harassing, or discriminating against any individual for the purpose of interfering with any right or privilege secured by law or policy.

2.0 Grievance Process

2.1 Authority

The Title IX Coordinator has the sole discretion and authority to determine whether a complaint against an employee falls within the jurisdiction of Title IX.  If a complaint does not fall within Title IX jurisdiction and involves employees, the Title IX Coordinator will dismiss the complaint and will refer the complaint to the Office of Human Resources.  The Office of Human Resources will investigate the complaint pursuant to these Procedures.  

2.2 Informal Resolution

2.2.1 The University encourages, but does not require, informal resolution when possible. The goal of informal resolution is to resolve concerns at the earliest stage possible, with the cooperation of all parties involved. Informal resolution may include inquiry into the facts, but typically does not include a formal investigation. These informal efforts may include: addressing the Respondent directly; participating in a facilitated meeting with the appropriate University official(s); or participating in mediation.

2.2.2 The Associate Vice President Human Resources or designee may elect to bypass the informal procedures because of the severity of the allegation or complexity of the complaint. Informal resolution is not permitted for any allegations of Sexual Assault, Dating Violence, Domestic Violence, or Stalking.  If the matter is resolved informally, the Office of Human Resources shall maintain a record of the complaint and its resolution.

2.3 Formal Resolution

2.3.1 If informal resolution is unsuccessful or not appropriate as determined by the Associate Vice President Human Resources or designee, the Associate Vice President Human Resources  or designee will designate an Investigator for the complaint who will be in charge of conducting an investigation. The Investigator will reach out to the Complainant to get a full report on the incident and verify a desire to continue with the formal resolution process. After speaking with the Complainant, the Investigator will then reach out to all individuals involved (parties and witnesses) to get statements from them. Both parties will have a full and equal opportunity to present the facts. All witnesses must have observed the incident or have information relevant to it in order to give a statement. Witnesses are not permitted to participate solely to speak about an individual’s character or to speak solely from a perspective of personal opinion. Witnesses are expected to cooperate with the Investigator.  The Investigator is a neutral factfinder who will approach every investigation with a presumption that the Respondent is not responsible; a presumption that can only be overcome by sufficient evidence to the contrary.

2.3.2 Once statements from the parties and witnesses have been received, the Investigator will compile a report of the investigation that summarizes the information gathered and synthesizes the areas of agreement and disagreement between the parties. The Investigator has the discretion to redact information found to be irrelevant, more prejudicial than probative, or immaterial to a determination of responsibility. This initial investigation report will not include any investigative findings.  Before being finalized, the Complainant and the Respondent will both have the opportunity to review their own statement and, as permitted by FERPA, a summary of other information collected during the investigations, including statements of the other party(ies) and witnesses.  At this time, either party may submit any additional comment or evidence to the Investigator within three (3) business days of receipt of the draft investigation report.

2.3.3 After any additional comments or evidence are submitted, or after the three-day period has passed without comment or evidence, the Investigator will make a written finding as to whether there is sufficient evidence to suggest that a violation of the Policy may have occurred by a preponderance of the evidence and include the written finding in the final investigation report. A preponderance of the evidence means that a party has shown that its version of the facts is more likely to be true than not. The preponderance of the evidence standard is satisfied if there is a greater than fifty (50) percent chance that the proposition is true.

2.3.4 If the Investigator finds responsibility, by a preponderance of evidence, for a violation of the Policy, the matter will be referred to either the Associate Vice President Human Resources  or designee if Respondent is a staff member or the Provost or designee if the Respondent is a faculty member for the determination of appropriate sanctions.  The applicable university administrator will have access to all relevant information that was available to the Investigator and will have the opportunity to speak with the parties and witnesses as deemed necessary to render a decision.  Sanctions for staff and faculty members who have been found responsible for violations of the Policy will be determined in accordance with Marymount University Employee Policies and/or Faculty Handbook.  The applicable university administrator will typically render their decision within 7 (seven) business days of being appointed to the adjudication.  All parties will be appropriately notified, if that timeline needs to be extended.

2.3.5 Appeals for Respondents who are faculty are governed by the Faculty Handbook and appeals for Respondents who are staff are governed by the Marymount University Employee Policies and Procedures.