The University's Response to Reports & Supportive Measures
IMMEDIATELY UPON ELECTRONIC SUBMISSION of a report by any individual (whether reported by the affected party or a third party reporter) using the online reporting form (powered by Maxient™), 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 from the Office for Equity & Compliance ("OEC") (and/or Office of the Dean of Students ("DOS"), 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 formal complaint) and to explain the process of filing a formal 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 DOS, 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. Affected parties will be informed that supportive measures are available regardless of whether or not they choose to file a formal complaint.
The Preliminary Review & Balancing Individual/Community Interests
In addition to communicating information about supportive measures and formal complaints to the affected party and/or third party reporter, the OEC also conducts a preliminary review of all incoming reports. The purpose of the preliminary review is two-fold: (a) to assess the potential applicability of the Comprehensive Policy (including the Equitable Resolution Procedures ("ERP") and/or the Grievance Process) or other University policies to the reported incident; and (b) to assess whether the Executive Director for Equity & Compliance ("EDEC") must file a formal complaint independently from the affected party’s wishes.
The University is largely deferential to the wishes of the affected party as to whether or not to file a formal complaint and/or pursue any available informal resolution process. However, in some circumstances, the EDEC must file a formal complaint to demonstrate an appropriate response to the reported information. The decision of the EDEC to file a formal complaint and initiate the ERP or the Grievance Process, especially when doing so conflicts with the stated wishes of the affected party, will be undertaken with care and in balanced consideration of the interests of the individuals involved (affected party/complainant and respondent), the interests of the larger University community (e.g., when heightened risk factors are alleged), and the interests of the institution in responding in a manner that meets its legal requirements.
Absent heightened risk factors, if the reporting/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 document its response to the report and close the matter without initiating a formal complaint (the affected party retains the right to revisit their wishes regarding the report at a later date).
Additionally, 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.
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 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 arrangements for employees or student-employees
- Safety planning
- Providing transportation/parking assistance
- Referral for academic support
- Referral for visa or immigration assistance
No Contact Directives ("NCD")
Upon receipt of a report or complaint of alleged violation of the Comprehensive Policy, the Executive Director for Equity & Compliance (or a designee) may implement mutually applicable restrictions preventing contact of any kind between two or more parties. Such a measure, referred to as a No Contact Directive (“NCD”) is non-disciplinary in nature and does not suggest any presumption of responsibility for the alleged violation(s). NCDs may be implemented at the initiative of the EDEC or at the request of a complainant, respondent, or other relevant individual, when warranted.
In all cases in which a NCD is implemented, the relevant parties will be promptly informed in writing of the conditions, duration, and applicable parameters of the restriction. Violation of a NCD issued under the Comprehensive Policy may be grounds for additional informal or formal intervention, including disciplinary action.
Limitations on University Activities or Access
The University may place interim limits or restrictions on a student or registered student organization or place an employee on paid or unpaid administrative leave when, in the judgment of the Executive Director for Equity & Compliance and following an individualized safety and risk analysis, an immediate threat to the physical health or safety of any student or other individual arises from allegations of misconduct under the Comprehensive Policy. Such an emergency measure is referred to generally as a Limitation on University Activities or Access (“LUAA”).
As a condition of a LUAA, a student or employee may have limited or no access to any or all of the following: University housing; campuses (or parts of campuses); specific facilities or information systems; and/or University academic offerings, social activities, programs, or events. The University will determine the parameters of a LUAA based on the individualized safety and risk analysis.
When a LUAA is implemented that restricts an individual student on an emergency basis, the restricted student will be promptly notified and provided the opportunity to request an administrative review of the decision. When requested by an undergraduate student, the review will be conducted by the Vice President for Student Development (or designee); when requested by a graduate student, the review will be conducted by the Vice Provost for Graduate Education (or designee). A review of a LUAA is not a hearing or investigation regarding the merits of any underlying allegation(s); rather it is an administrative review of the LUAA decision alone, to determine whether the LUAA is appropriate under the circumstances. The University may re-evaluate a LUAA at any time to consider its continued necessity.
Violation of a LUAA issued under the Comprehensive Policy may be grounds for additional informal or formal intervention, including disciplinary action.