Grievance Process Sanctioning
IF A HEARING RESULTS in one or more findings of responsibility (i.e., the respondent is found to have violated the Comprehensive Policy), the matter will proceed to sanctioning determination. Sanctions are determined differently depending on whether the respondent is a student, faculty employee, or staff employee. Allegations involving student-worker respondents or other respondents who hold dual classifications will be routed to the most appropriate sanctioning administrator depending on the individual context of the alleged misconduct, at the discretion of the EDEC.
Factors that may be considered by the hearing and/or sanctioning administrator(s) when determining sanctions for Title IX sexual harassment may include, but are not limited to:
- The nature, severity of, and circumstances surrounding the violation;
- The respondent’s student and/or employee conduct/disciplinary history (or absence thereof), whether or not the previous discipline was related to the current violation;
- The existence or circumstances of previous reports or formal complaints alleging similar conduct (or absence thereof);
- The University’s obligation to stop, prevent, and remedy the effects of the misconduct; and
- The impact of the violation on the parties
Sanctions for Title IX sexual harassment may range from intensive educational sanctions (e.g., extended mandated training or professional coaching) to disciplinary sanctions such as temporary or permanent separation from the University (e.g., suspension or expulsion for students, or unpaid leave of absence or termination for employees). The range of sanctions described here is not exclusive of, and may be in addition to, other responsive interventions or other actions undertaken by the University or imposed by outside authorities.
For student respondents, sanctions are determined by the hearing administrator(s) and incorporated into the written determination.
For faculty respondents, upon a decision of responsibility by the hearing administrator(s), sanctions are determined by the Senior Academic Officer (as defined in the Faculty Handbook) in accordance with the disciplinary process set forth in the Faculty Handbook.
At the conclusion of the disciplinary process, the Senior Academic Officer decides the sanction(s) to be assigned to the faculty respondent, and provides the sanctioning decision and rationale to the hearing chairperson, who incorporates the decision into the written determination as described in Article 3, subsection IX.
During the faculty disciplinary process, any documents provided to either party will be provided to the other; and both parties will have an equal opportunity to respond to any discipline recommendations.
For staff respondents, upon a decision of responsibility by the hearing administrator(s), sanctions are determined by a designated representative of Human Resources, according to the following staff disciplinary process.
The hearing chairperson delivers a hearing report to the designated representative of Human Resources. The Human Resources representative may consult with the appropriate supervisory authority under whom the respondent reports, decides the sanction(s) to be assigned to the staff respondent, and provides the sanctioning decision and rationale to the hearing chairperson, who incorporates the decision into the written determination.
During the staff disciplinary process, any documents provided to either party will be provided to the other, and both parties will have an equal opportunity to respond to any inquiries made by the designated representative of Human Resources, if applicable.
Following the conclusion of the hearing and after any sanctions are determined (if applicable), the hearing chairperson issues a written determination, communicated to both parties simultaneously and in writing (and presumptively received upon delivery). The written determination:
- Identifies the allegations that may constitute Title IX sexual harassment and any other prohibited conduct addressed in the hearing, if applicable;
- Describes the procedural steps taken from the receipt of the formal complaint through the determination, including any notifications to the parties, interviews with parties and witnesses, site visits, methods used to gather other evidence, and hearings held;
- Presents findings of fact supporting the determination;
- Presents conclusions regarding the application of the Comprehensive Policy to the facts;
- Provides a statement of, and rationale for, the result as to each allegation, including a determination regarding responsibility, any sanctions the University imposes on the respondent, and whether remedies will be provided to the complainant; and
- Describes the University’s procedures and permissible bases for the complainant and respondent to appeal.
Remedies and Responsive Interventions
Following the conclusion of the Grievance Process that has resulted in a finding of responsibility by the respondent, the EDEC may also provide remedies to and in consultation with the complainant, designed to restore or preserve the complainant’s equal access to the University’s education program or activity.
Remedies may range from actions that previously constituted “supportive measures” to any other responsive action requested by the complainant and deemed appropriate by the University to make the complainant whole, and need not avoid burdening the respondent. The University will maintain the privacy of any remedies, provided privacy does not impair the University’s ability to implement the remedies.
Following the conclusion of the Grievance Process and independent of any findings and/or sanctions (if applicable), the EDEC may also recommend and/or implement other non-disciplinary responsive interventions with respect to the parties and/or the campus community. Such responsive interventions may include, but are not limited to:
- Implementation or extension of non-disciplinary, mutually applicable contact limitations (No Contact Directives) between the parties
- Individual and/or team or community training or education
- Administration of climate surveys and/or policy reviews
The University will maintain the privacy of any responsive interventions, provided privacy does not impair the University’s ability to implement the interventions.
All individuals and other involved organizations and/or departments are expected to comply fully with any sanctions, remedies, and/or other responsive interventions within the timeframe specified. The implementation and monitoring of such outcomes are primarily the responsibility of the OEC; however, assistance and coordination may be provided by other CPAs to ensure overall University compliance.
Failure to comply with sanctions/remedies/responsive interventions, whether by refusal, neglect, or any other reason, may result in additional disciplinary action, which may result in additional or increased sanctions, remedies, or other responsive interventions, up to and including suspension, expulsion, and/or termination from the University, and which may be noted in an individual’s disciplinary or employment record.
A suspension will only be lifted when compliance with all sanctions is demonstrated to the satisfaction of the EDEC or designee, and may warrant informing complainants who have a continuing educational interest at Loyola of the respondent’s status change as needed.