Sexual assault project

###A step-by-step walkthrough of the University of Iowa's sexual assault reporting process The University of Iowa has a set of policies and procedures students should follow when reporting a case of sexual assault/harassment. A report of sexual assault/harassment arrives at the Title IX and Gender Equity Unit. The unit provides confidential resources, supportive measures, and resolution options to the victim. The victim now needs to decide how they want to proceed. Their choices determine what happens next in the UI policy and what options they have going forward. [[Make a formal complaint]] [[Don't make a formal complaint]]

At this point, the complainant can move forward with the formal grievance from any point before the final determination is made. The Adaptable Resolution process may be requested by either the complainant or respondent. Both parties must agree to engage in the process. [[Follow the formal grievance process]] [[Follow the adaptable resolution process]]

At this stage, even if the victim doesn't wish to make a formal complaint, the Title IX coordinator can decide to file a complaint on behalf of the victim or the coordinator can choose not to file a complaint. If both the complainant and Title IX coordinator decide not to make a formal complaint the process ends. [[Title IX coordinator decides to initiate a formal complaint]]

The Title IX and Gender Equity Office is not a confidential office. Information from a report may be shared with others in the university process. Even when the Title IX coordinator initiates a formal complaint, participation in the resolution is optional for the complainant and respondents. [[Make a formal complaint]]

A resolution agreement is signed by the parties indicating that the complainant and respondent have reached a solution and the process ends here.

The formal grievance process is followed because the complainant and respondent have not agreed on terms. [[Follow the formal grievance process]]

The formal grievance process requires a formal complaint to be filed by either the complainant or Title IX coordinator. An investigator is appointed at the beginning of this process and gathers information, assesses and synthesizes the evidence, and compiles the information into an investigation report and file of directly related evidence. [[An investigation begins]]

The investigator now examines the evidence they have collected to determine if Title IX regulations apply to the case. The investigator is specifically looking to see if the case falls into what the UI or Title IX considers sexual assault or harassment. According to the UI Operations Manual, sexual harassment is defined as conduct that occurs when an employee of the university conditions the provision of an aid, benefit, or service of the university on an individual’s participation in unwelcome sexual conduct or, unwelcome conduct determined to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the university's education program or activity. Sexual assault is defined as forcible or nonforcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation. A sex offense is any sexual act directed against another person, without the consent of the victim, including instances where the victim is incapable of giving consent. [[Title IX regulations apply]] [[Title IX regulations don't apply]]

If any part of the case falls into the UI's policies related to sexual assault/harassment Title IX regulations apply and Process A, which occurs when the alleged behavior could result in a suspension or expulsion, is followed. [[Investigation follows Process A]]

The investigator now needs to determine if sanctions against the respondent would result in suspension or expulsion. [[Sanctions could result in suspension or expulsion of respondent]] [[Sanctions could not result in suspension or expulsion of respondent]]

Process A occurs when the alleged behavior falls under Title IX or if the alleged behavior, if true, would likely result in a student respondent’s suspension or expulsion. Process A requires a live hearing be held and a cross examination to occur during the hearing. [[An investigation report is issued by the investigator]]

If the sanctions against the respondent could result in suspension or expulsion the investigator will follow Process A to proceed. [[Investigation follows Process A]]

Process B occurs when the alleged behavior does not fall under Title IX, but it constitutes prohibited conduct within the Interim Policy on Sexual Harassment and Misconduct, and if true, would not result in a student respondent’s suspension or expulsion. In this process, no hearing is held and the investigator makes the final determination. Parties may have up to two advisors, who can provide support and advice throughout the process and attend meetings where the party is entitled to be present. [[Investigation report is issued]]

After the investigation report is issued, a hearing begins which compiles the information collected by the investigator and presents it to the hearing adjudicator. The hearing adjudicator makes a final determination based on the preponderance of evidence standard. [[Hearing takes place]]

The hearing adjudicator facilitates the hearing preparations, conducts the hearing, and assesses the credibility of parties and witnesses. They are pulled from a grievance pool and generally are people who come from a litigation background or have prosecution experience. The final determination is based on the preponderance of evidence standard. Preponderance of Evidence is when the burden of proof is met when the party with the burden convinces that there is a greater than 50 percent chance that the claim is true. [[A policy violation is found]] [[No policy violation is found]]

The sanctioning decision is given by the sanctioning administrator, who makes a decision and writes a letter for inclusion with the notice of outcome of the hearing. A notice of outcome is given to each party letting them know the final determination of the investigation regardless of if Process A or Process B were followed. [[Investigation concludes]]

Title IX Coordinator issues notice of outcomes to parties. A notice of outcome is given to each party letting them know the final determination of the investigation regardless of if Process A or Process B were followed. [[Investigation concludes]]

The case investigator issues an investigation report and makes a final determination for the case based on the preponderance of evidence. Preponderance of evidence is when the burden of proof is met when the party with the burden proves that there is a greater than 50 percent chance that the claim is true. [[A policy violation is found]] [[No policy violation is found]]

The goal is to address harm instead of finding a policy violation. A successful resolution agreement is a voluntary written agreement reached by both parties. An agreement between the parties could be anything from the respondent taking an educational course or receiving mental health counseling to the respondent leaving a student organization the complainant is also involved with. If a written agreement isn't signed, it will return to the formal grievance process. [[Parties reach an agreement]] [[Parties don't reach an agreement]]

If the sanctions against the respondent would not result in suspension or expulsion the investigator will follow Process B to proceed. [[Investigation follows Process B]]

At the end of the investigation, both parties have the opportunity to appeal the outcome. However, the probability to change an outcome or sanctioning decision is relatively narrow. In 2019, the average length of an investigation was 154 calendar days. Out of the 44 resolved investigations in 2019, 14 were appealed and no decisions were overturned or sanctions modified.