When a report is filed against an IU employee, including all faculty and staff, the university acts in a timely and equitable manner using the procedures found in IU’s Discrimination, Harassment, and Sexual Misconduct Policy.
Procedures responding to alleged faculty or staff sexual misconduct
Initial assessment
Upon receipt of a report alleging that an employee has engaged in sexual misconduct, an Investigator will conduct an initial assessment to determine whether the incident falls within the scope of IU’s Discrimination, Harassment, and Sexual Misconduct Policy, and whether the alleged conduct rises to the level of an allegation of sexual misconduct. If the Investigator determines not to pursue an investigation under the Sexual Misconduct procedures, the decision can be appealed to the Decisional Official (DO).
Interim action
An immediate interim action (e.g., removal, reassignment, administrative leave, or suspension) may be put into place if determined necessary by the appropriate university officials.
Resolution and responsibility acceptance options
Alternative resolution
In appropriate cases the university may pursue an alternative resolution, with the consent of all parties, at any point in the investigation process. These resolution options may include, but are not limited to, mediation, development of an action plan, and voluntary resolutions.
Acceptance of responsibility
In cases where the respondent expresses a willingness to accept responsibility for any or all allegations in a case, the respondent will be offered the opportunity to bypass the remainder of the investigative stage and agree to receive a sanction from the DO. The parties are given the opportunity to provide a statement to the DO as they determine the appropriate sanctions.
Investigation
If an investigation is initiated, the Investigator will conduct fact-finding into the allegations made against the respondent employee, which may include interviews with the complainant, the respondent, and other identified witnesses, as well as an examination of written statements given by the parties, relevant documents, and other relevant information.
Report of investigation
Following the investigation, the Investigator creates a report of investigation, which is forwarded to the DO. The parties are also provided access to the report, and have 10 calendar days to submit any comments to the DO in writing.
Decision and Sanctions
Upon receiving the Investigator’s report and any comments received from either party, the DO will issue a finding of “No Violation” or “Violation” based on a preponderance of the evidence standard. If there is a determination that the behavior alleged and investigated was in violation of the Sexual Misconduct Policy, the DO will issue a finding and any appropriate sanction(s). Parties are notified of the DO’s decision.