Title IX is a federal civil rights law passed as part of the Education Amendments of 1972. This law protects people from discrimination based on sex in education programs or activities that receive Federal financial assistance. Title IX states that:
“No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.”
Title IX applies to any institution receiving federal financial assistance from the Department of Education, including state and local educational agencies. Educational programs and activities that receive federal funds from the Department of Education must operate in a nondiscriminatory manner. Any current FranU student or employee may make a Title IX complaint for “any unwelcome conduct that a reasonable person would find so severe, pervasive and objectively offensive that it effectively denies a person equal educational access” and that occurs within the United States and on the FranU campus or during a FranU sponsored activity.
Title IX Coordinator - Coordinates all Title IX activities. This includes serving as investigator, scheduling and overseeing mediation and formal Title IX complaint processes, monitoring outcomes, identifying and addressing any patterns and assessing effects of Title IX related complaints on the campus climate.
Investigator - Investigates and helps ensure timely resolution of assigned reports of sex discrimination, sexual misconduct, sexual harassment, domestic violence, dating violence, and stalking involving members of the University community.
Decision-Maker - The decision-maker (who cannot be the same person as the Title IX Coordinator or the investigator) must issue a written determination regarding whether the alleged conduct occurred, rationale for the result as to each allegation and any disciplinary sanction imposed on the accused.
Appeals Officer - Considers appeals requests narrowly, specific to the relevant criterial for an appeal.
University Title IX officials will have annual training on sexual misconduct issues and on how to conduct an investigation and hearing process that protects the safety of victims and promotes accountability. Training topics for these officials include relevant evidence and how it should be used during a proceeding, proper techniques for questioning witnesses, trauma informed interviewing and response, basic rules including review of the University's procedures, and avoiding actual or perceived conflicts of interest and bias. Trainings will be published on the University website.
These procedures are implemented whenever a formal sexual misconduct complaint is made by a current student or employee. Complaint resolution is initiated once a written formal complaint is filed with the Title IX Coordinator. To file a formal complaint, complete the Sexual Assault Complaint Form found on the University’s Title IX webpage (link). The complaint form can be submitted electronically, in-person or by U.S. mail:
Once a complaint is made, the Title IX Coordinator will commence the investigatory process as soon as practicable, but not later than seven (7) business days after the complaint is made. The Title IX Coordinator and/or designee will analyze the complaint and notify the accused in writing that a complaint has been filed. Students have the right to choose between a formal process or informal mediation. Both options are described below.
In the event a sexual misconduct complaint is made, the complainant and accused may agree to an informal mediation process. The Title IX Coordinator will mediate by bringing both parties together for a meeting. The guidelines are (see flowchart in appendix):
In the event a sexual misconduct complaint is made in which the complainant and accused do not agree on informal mediation, the Title IX Coordinator will oversee and coordinate the formal Title IX complaint process as follows:
During the course of the formal Title IX Complaint process described above, both the complainant and the accused are entitled to a prompt, fair and impartial process. Due process protections to ensure reliable outcomes include:
Following a final determination that sexual misconduct has been committed and the evidence meets the Clear and Convincing standard, the institution may impose a sanction depending on the mitigating and aggravating circumstances involved. Possible sanctions include but are not limited to: restitution; loss of privileges; restriction on eligibility to represent the University at any official function, probation, suspension or expulsion/termination. If a suspension is imposed on a student, it may be for a full semester or an entire academic year. An employee may be suspended for any length of time determined appropriate by the University Administration in consultation with Human Resources. By written agreement, Human Resource services are provided to the University by the Franciscan Missionaries of Our Lady Health System. Following a suspension, the individual will be required to meet with the Dean of Students (if student) or Director of Human Resources (if employee) to discuss re-entry and expectations going forward. In addition, the University can make available to the victim a range of protective measures. They include, but are not limited to: forbidding the accused from communicating with the victim, security escorts, modifications to clinical or class schedules, and changes in on campus working situations.
The University will complete any publicly available recordkeeping, including Clery Act reporting and disclosures, without the inclusion of personally identifiable information about victims of sexual misconduct who make reports of such to the University to the extent permitted by law.