Preliminary Review: The University's Initial Response to Reports
THE OEC CONDUCTS a timely and impartial preliminary review upon receipt of all incoming reports. The purpose of the preliminary review is three-fold:
(a) to assess the potential applicability of the Comprehensive Policy or other University policies to the reported incident;
(b) to ensure that any affected party receives timely and accurate information about their rights and options; and
(c) to determine how to most appropriately and efficiently respond to a reported incident.
GENERAL INFORMATION ABOUT THE PRELIMINARY REVIEW CAN BE FOUND IN THE MENU BELOW AND IN ARTICLE 1 OF THE COMPREHENSIVE POLICY.
Outreach to Affected Parties
Immediately upon electronic submission of a report by any individual (whether reported by the affected party or a third party reporter), the reporter is automatically directed to concise information, written in plain language, concerning the rights and resources available to affected parties.
Unless a report is anonymous, upon receiving the report, a representative of the OEC (or DOS for students) will contact the affected party to communicate the availability of supportive measures and describe the available rights and processes that may be applicable to the reported circumstances. The affected party will be invited to meet with a representative of the OEC (and/or DOS, for students) to consider the affected party’s wishes with respect to supportive measures, responsive interventions, and any formal complaint, and to answer any questions concerning the University’s applicable policies or procedures. Affected parties will be informed that supportive measures are available regardless of whether or not they choose to file a formal complaint.
When applicable, Loyola will offer and/or implement appropriate and reasonably available supportive measures for reporters, affected parties, complainants, respondents, and/or witnesses in response to a report or complaint of alleged discrimination, sexual misconduct, or other related offenses.
Supportive measures are non-disciplinary, and are designed to restore or preserve equal access to the University’s education program or activity without unreasonably burdening other parties, including measures designed to protect the safety of all parties or the University’s educational environment, or deter prohibited conduct. The University treats supportive measures as private, provided that privacy does not impair the University’s ability to implement the supportive measures. Supportive measures are available independently of whether a formal complaint is filed by the affected party or the EDEC, and are provided at no cost to parties.
Supportive measures may include, but are not limited to:
- Referral to counseling, medical, advocacy, and/or other health services
- Referral to the Employee Assistance Program (for faculty and staff employees)
- Mutual restrictions on contact between parties (see No Contact Directives, below)
- Advocating to faculty for adjustments to academic deadlines, course schedules, etc.
- Student financial aid counseling
- Education to the community or community subgroup
- Altering campus housing situation
- Altering work locations or arrangements for faculty or staff employees or student workers
- Safety planning
- Providing transportation/parking assistance
- Referral for academic support
- Referral for visa or immigration assistance
As part of a preliminary review or at the conclusion of an administrative resolution process, and independent of any findings and/or sanctions (if applicable), the OEC may recommend or mandate non-disciplinary responsive interventions to preserve the safety and inclusivity of the University community. Responsive interventions are undertaken with balanced consideration for the needs of the individual parties, the broader University community, and the University as an institution.
In determining how to respond most appropriately and effectively to a report or complaint, the OEC may consider a broad range of information, including but not limited to the information provided in the report, other relevant documentation or evidence (such as law enforcement or arrest records), the presence or absence of heightened risk factors (as defined in Article 1, subsection II), and the availability of various resources and services throughout the University (such as conflict resolution services or other adjudicative processes).
Responsive interventions may apply to the parties or other individuals specifically and/or the campus community broadly. Examples of responsive interventions may include, but are not limited to:
- Referral of a matter to a supervising authority or other University resource (such as the Office of the Dean of Students, Human Resources, or the Office of the Provost)
- Implementation or extension of non-disciplinary, mutually applicable contact limitations (No Contact Directives) between parties
- Implementation or extension of temporary limitations on University activities and/or access
- Mandated individual, group, or community training or education
- Administration of climate surveys or other assessments
- Review and/or revision of other University policies or procedures
- Emergency removal
The University will maintain the privacy of any responsive interventions, provided privacy does not impair the University’s ability to implement the interventions.
If a reporting or affected party does not respond to the University’s outreach, declines University assistance or intervention, wishes to receive information or supportive measures only, or otherwise declines to file a formal complaint, then the OEC may pursue an appropriate responsive intervention on its own or may close the matter without further action.
If the EDEC determines that the alleged behavior falls outside the scope of the Comprehensive Policy or would otherwise more appropriately be addressed by another University department (such as Human Resources or the Office of Student Conduct & Conflict Resolution), the report may be referred to the other department to be addressed.