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Reporting Discrimination & Sexual Misconduct

LOYOLA ENCOURAGES ANYONE who experiences misconduct under the Comprehensive Policy to submit a report so that the University may take appropriate steps to promptly stop, prevent, and remedy any substantiated violation. The University recognizes the privacy and sensitivity of such reports and only shares information internally on a need-to-know basis when necessary to effectively respond to the report. The University also understands that for various reasons an affected party may prefer to report anonymously or to share only limited information.

REPORTS & COMPLAINTS

There are many important differences between submitting a report and filing a complaint. It is important to understand the differences before taking any action.

Reports

A report is a disclosure or other communication to the Office for Equity & Compliance (or to another University official with the authority to institute corrective measures on behalf of the University) that directly notifies the University of an allegation of prohibited conduct under the Comprehensive Policy. A report is typically submitted when someone wants to bring one or more instances of alleged discrimination or sexual misconduct to the University's attention.

A report may be submitted by any individual (including third parties) and may be anonymous. Reports are distinct from (but usually precede) complaints.

The University’s response to reports is oriented toward informing the affected party of available supportive measures and discussing the option to file a complaint. While ensuring the University takes appropriate action when necessary, the OEC strives to honor an affected party's wishes in response to any report.

Complaints

In cases where an affected party intends to initiate the University’s intervention to investigate, adjudicate, or otherwise resolve an incident of alleged misconduct, the affected party must file a complaint, and is thereafter referred to as a “complainant.” A complaint may be initiated for any alleged conduct that, if supported by evidence, would constitute a violation of the Comprehensive Policy.

Complaints which allege misconduct by one or more identified respondents (i.e., an individual student, a faculty or staff employee, or alumni), or by organizations (i.e., a recognized student organization or a department of the University), will be addressed as described below. Reported allegations of misconduct by unknown or unidentified individuals, or by unknown or unidentified organizations, will also be addressed, but the process may depart from specific procedural steps otherwise followed for complaints against identified respondents. 

While any current member of the University community can file a complaint at any time, you are strongly encouraged to connect with a member of the OEC staff before filing a complaint to ensure that you understand the full implications. The two types of complaints are distinguished as follows:

Equitable Resolution Procedures ("ERP") complaints are complaints of any alleged discrimination, sexual misconduct, retaliation, or other related offenses under the Comprehensive Policy, except for allegations that meet the definitional and jurisdictional requirements of Title IX sexual harassment.

Grievance Process complaints are complaints of alleged misconduct that meet the definitional and jurisdictional requirements of Title IX Sexual Harassment.

 

Reports v. Complaints

Reports v. Complaints

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Types of Complaints

Types of Complaints

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Submit a ReportSubmit a Report

A REPORT IS A DISCLOSURE or other communication to the Office for Equity & Compliance (or to another University official with the authority to institute corrective measures on behalf of the University) that directly notifies the University of an allegation of prohibited conduct under the Comprehensive Policy. A report may be made by any individual (including third parties) or may be anonymous, and is distinct from a complaint.

USE FOR reporting alleged or suspected discrimination or sexual misconduct by any student, staff, or faculty member; reporting any of the aforementioned misconduct anonymously. 

Next steps: The reporter (whether an affected party or third-party reporter) is automatically directed to information concerning the rights and resources available to affected parties. Unless a report is anonymous, upon receiving the report, a representative of the OEC (or the Dean of Students Office for students) will contact the affected party and/or third-party reporter to communicate the availability of supportive measures (available regardless of whether or not they choose to file a complaint) and to explain the process of filing a complaint, as applicable to the circumstances of the reported incident.

The affected party will be invited to meet with a representative of the OEC (and/or Dean of Students Office, for students) to consider the affected party’s wishes with respect to supportive measures and any formal complaint, and to answer any questions concerning the University’s applicable policies or procedures. 

Important notes

  • For the purposes of the Comprehensive Policy, reports are distinctly different than complaints. It's important to understand the differences before taking any action.
  • A report can be submitted anonymously.
  • A report will NOT automatically generate a notification to the reported individual.
  • A report will NOT automatically initiate an investigation or discipline.

Contact any staff member in the Office for Equity & Compliance for more information.

File an ERP ComplaintFile an ERP Complaint

EQUITABLE RESOLUTION PROCEDURES ("ERP") COMPLAINTS are complaints of any alleged discrimination, sexual misconduct, retaliation, or other related offenses under the Comprehensive Policy.

USE ERP COMPLAINTS for initiating the University’s intervention to investigate, adjudicate, or otherwise resolve an incident of alleged misconduct, regardless of where the incident occurred.

Next steps: A written Notice of Allegations ("NOA") letter will be provided to each party. NOAs include a summary of the allegations, including (if known) the identity of the parties involved, the nature of the alleged misconduct, the date and location of the alleged incident(s) (if known), the specific policies implicated, a description of the applicable University procedures, a reminder that retaliation is prohibited, and a statement of the potential sanctions that could result. NOAs also identify the assigned investigator and provide parties the opportunity to raise any concerns regarding a conflict of interest before the parties are contacted by the investigator.

ERP investigations include the thorough and impartial collection, review, and analysis of all available evidence by one or more impartial investigators. ERP investigations conclude with the investigator making a finding of either “responsible” or “not responsible” for each alleged violation based on the application of the Comprehensive Policy to the evidenced facts.

Important notes

  • An ERP complaint must be filed by the affected party, who becomes a "complainant" upon filing.
  • An ERP complaint cannot be filed anonymously.
  • Any respondent reported through an ERP complaint will be informed of the allegations made in the complaint. The respondent must be a Loyola student, faculty, or staff member.
  • An ERP complaint may lead to a formal investigation or, in limited circumstances, an alternative resolution.
  • An ERP complaint may be filed for any alleged misconduct under the Comprehensive Policy EXCEPT for allegations that meet the definitional and jurisdictional requirements of Title IX sexual harassment - those are covered by Grievance Process complaints.

Contact any staff member in the Office for Equity & Compliance for more information.

File a Grievance Process ComplaintFile a Grievance Process Complaint

GRIEVANCE PROCESS COMPLAINTS are complaints of alleged misconduct that meet the narrow definitional and jurisdictional requirements of Title IX sexual harassment.

USE GRIEVANCE PROCESS COMPLAINTS for initiating the University’s intervention to investigate, adjudicate, or otherwise resolve an incident of alleged Title IX sexual harassment.

Next steps: Upon receipt of a Grievance Process complaint, the Office for Equity & Compiance will provide written notice to the parties who are known, informing the parties of the Comprehensive Policy and the applicability of the Grievance Process to the allegations. This notice includes the allegations that may constitute Title IX sexual harassment as defined under the Comprehensive Policy, as well as sufficient details for the respondent to prepare a response before any initial interview.

Investigations pursuant to a Grievance Process complaint include the thorough and impartial collection of all available evidence by one or more impartial investigators and concludes with the investigator producing and presenting a Final Investigation Report to the parties for their review and preparation before a hearing. As required by Title IX, the Grievance Process provides for a mandatory live hearing. If a hearing results in one or more findings of responsibility for a respondent having violated the Comprehensive Policy, the matter will proceed to sanctioning determination.

Important notes

  • A Grievance Process complaint must be filed by the affected party, who becomes a "complainant" upon filing. At the time of filing a Grievance Process complaint, the complainant must be participating in or attempting to participate in the University’s education program or activity.
  • A Grievance Process complaint cannot be filed anonymously.
  • Any respondent identified in a Grievance Process complaint will be informed of the allegations made in the complaint. The respondent must be a Loyola student, faculty, or staff member.
  • A Grievance Process complaint will lead to a formal investigation and live hearing or, in limited circumstances, an alternative resolution.

Contact any staff member in the Office for Equity & Compliance for more information.

Anonymous Reporting

The University understands that for various reasons an affected party may prefer to report anonymously or to share only limited information. Any individual may report an incident anonymously using the online reporting form. Depending on the nature of the anonymous report and the information provided, anonymous reports may still prompt the Executive Director for Equity & Compliance to file a complaint and investigate according to the Equitable Resolution Procedures ("ERP") or the Grievance Process. However, it should be noted that the University’s ability to offer and/or provide supportive measures, investigate the alleged incident(s), impose sanctions, provide appropriate remedies, and otherwise respond to a report is limited in cases where no affected party or complainant is identified.

Reporting Obligation for Responsible Campus Partners

With very limited exceptions, all Loyola faculty and staff employees must report any known, disclosed, alleged, or otherwise reported (formally or informally) incidents of sexual misconduct that meet certain criteria. Please review the full Responsible Campus Partner Reporting Obligation.

Responsible campus partners can submit a report online or contact any OEC staff member at equity@luc.edu.

Time Limitation on Reporting

There is no time limitation on reporting allegations. However, if the respondent is no longer subject to the University’s jurisdiction or if substantial time has passed since the underlying incident occurred, the University’s ability to investigate, substantiate alleged violations, take disciplinary action, provide remedies, or otherwise respond to the allegations may be limited.

Good Samaritan and Medical Amnesty (Students only)

Loyola encourages students to report all incidents of discrimination, sexual misconduct, and retaliation. Sometimes, students in particular may be hesitant to report such matters to University officials or participate in resolution processes because they fear that they themselves may become subject to disciplinary action for their own misconduct, such as an underage student who was drinking alcohol when they were sexually assaulted. To encourage reporting and alleviate such barriers, Loyola maintains the Good Samaritan and Medical Amnesty Protocol, which offers protections against some disciplinary action for certain students who come forward to report or otherwise assist with crises involving sexual misconduct and other specific circumstances.

More information about the Good Samaritan and Medical Amnesty Protocol can be found in the Community Standards.