Information For:

Sexual and Gender-Based Misconduct Complaint Procedure

Filing a Complaint
Support Measures
Amnesty
Advisors
Definitions
Prohibited Conduct
Informal Resolution Process
Formal Resolution Process
- Investigation
- Hearing
- Withdrawal or Dismissal of Complaint
- Appeals

 

1.0      Standard Operating Procedure (SOP) Purpose

The purpose of the Sexual and Gender-based Misconduct Complaint Procedure is to provide a prompt, impartial, and unbiased response to Formal Complaints made pursuant to the Sexual and Gender-Based Misconduct Policy (Policy). Specifically, this process will address Formal Complaints of Sexual Harassment, Gender-based Harassment, Sexual Assault, Dating Violence, Domestic Violence, Stalking, Sexual Exploitation, Provision of Alcohol and/or Other Drugs for Purposes of Prohibited Conduct and Retaliation (together Prohibited Conduct).

This procedure is grounded in fairness and support for all parties, and includes procedural protections that ensure nondiscrimination, adequate notice, and meaningful opportunities to participate. The University makes the presumption that reports and formal complaints are made in good faith and presumes that the Respondent is not responsible for the alleged Prohibited conduct until a determination is made at the conclusion of this procedure. This procedure is also in compliance with relevant provisions of the Violence Against Women Reauthorization Act of 2013; Title VII of the Civil Rights Act of 1964; the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act; and other applicable federal and Rhode Island state laws.

2.0      SOP

This procedure applies to Students and Employees as defined in the Policy when:   

  • the conduct occurs on property owned, leased, used, or controlled by Brown University
  • the conduct that occurs in University programs and activities abroad; and/or
  • the conduct occurs off-campus, in the United States, outside of the context of a program, activity, or location when Brown exercises substantial control over both the Complainant and Respondent, and the effects of the Prohibited Conduct have a continuing discriminatory effect at Brown.

Exempt from these procedures is Prohibited Conduct defined in the Sexual and Gender-Based Harassment, Sexual Assault, Interpersonal Violence, and Stalking Policy.

Note: Complaints involving student Respondents who are participants in [email protected] or Pre-College Programs should refer to the policies and procedures governing students enrolled in those programs.

2.1    Initial Assessment

When the Title IX Program Officer receives a report or Formal Complaint of alleged Prohibited Conduct, they will conduct an initial assessment to gain a basic understanding of the nature and circumstances of the allegation. This is ordinarily a meeting, which may be held virtually, with the reporting party or Complainant, if different, where the Title IX Program Officer will provide the reporting party verbal and written information about campus resources and response options. Such information will include, but not be limited to, a written explanation of their rights, disciplinary options on campus, how to report to local law enforcement, the importance of the preservation of evidence, confidentiality parameters, and remedial interim protective and support measures available.

The Title IX Program Officer will use the report and knowledge gathered in this meeting to assess if further risk of harm exists for the reporting party, Complainant, or the campus community; or if the report demonstrates a pattern of Prohibited Conduct involving the same Respondent. If any of these conditions exist, the Title IX Program Officer will take the appropriate interim action. 

Note: In all cases in this process when the term “Title IX Program Officer or other University official is used, the term shall  also mean a designee.

2.2    Filing a Complaint

A Complainant may submit a Formal Complaint at any time while the Respondent is enrolled or employed at Brown. A Formal Complaint is a request for an investigation and initiation of this complaint procedure. Only a Complainant or the Title IX Program Officer can submit a Formal Complaint. A Complainant who wishes to proceed with this procedure must submit a written and signed document (in hard copy or electronically) against a Respondent that details the incident in which the Prohibited Conduct by the Respondent is alleged. A Formal Complaint must be submitted to the Title IX Program Officer.

  • Initial Assessment of the Formal Complaint

    Upon receipt of the Formal Complaint, the Title IX Program Officer will make the following determinations to decide upon the applicability of policies:

    • Could the facts set forth by the Formal Complaint, if substantiated, constitute conduct prohibited by the Policy?;
    • Was the Complainant a Covered Persons as defined in the Policy when the alleged Prohibited Conduct occurred?;
    • Is the Respondent currently enrolled or employed?
    • Did Brown University exercise substantial control over both the Complainant and Respondent at the time in which the alleged Prohibited Conduct occurred?

If the answer to any question is “NO” then the Policy and this procedure do not apply to the Formal Complaint. The Formal Complaint will be referred to the appropriate policy, Code, or University Office.

If the answer to each question is “YES” then the Policy and this procedure applies, and the Title IX Office has the authority to investigate and resolve the Formal Complaint.

2.3    Standard of Evidence

In all stages of the process, Brown University applies the preponderance of the evidence standard (more likely than not) when determining whether the Policy has been violated.

2.4    Use of an Advisor

Complainants and Respondents are entitled to be accompanied and assisted by an adviser at meetings, investigation interviews, and, if applicable, a subsequent hearing. An adviser is an individual of the Complainant’s or Respondent’s choosing, including an attorney, to provide support during the complaint process. The parties are not limited to one adviser throughout the process; however, only one adviser may be present at each meeting or interview. Accommodations, including scheduling of interviews or hearings, will not be made for advisers if the accommodation creates an unduly delay in the process, which is considered to be a delay of three (3) or more business days.

During meetings, interviews, the investigation process, and hearing, advisers may not speak for or answer questions on behalf of their party, although they may ask to take a break briefly to provide consultation.

2.5    Time Frame for Reporting

The University will accept a report of Prohibited Conduct at any time, although the University’s ability to investigate may be limited by the passage of time. There is no time limit on submitting a Report; however, a Complainant seeking to use this procedure must submit a formal complaint while the Respondent is enrolled or employed at the time in which the Formal Complaint is received.

If the Respondent is no longer affiliated with Brown (e.g., a Formal Complaint is made after a student is no longer enrolled or has graduated, or an employee is no longer employed by Brown), the University will provide reasonably available remedial measures as appropriate, will assist the Complainant in identifying external reporting options, and may take appropriate action to address the Prohibited Conduct.

2.6    Amnesty

Brown University may offer amnesty to Complainants, Respondents, reporting parties, and witnesses who disclose the personal ingestion of alcohol or other drugs in violation of the University Alcohol and Drug Policy, and/or disclose a violation of COVID-19 requirements when making a report of Prohibited Conduct or participating in an investigation unless the University determines there is malicious intent. Although amnesty safeguards the individual from a disciplinary notation or finding of responsible for a policy violation, it does not exempt the University from taking appropriate action to address the conduct and/or mitigate future violations.

2.7    Conflict of Interest

The Title IX Program Officer, investigator, hearing panel and other decision makers will be free from conflicts and receive training on identifying and mitigating explicit and implicit bias. The Title IX Office checks for conflict of interest with the parties, investigator, hearing officer, and decision makers. Individuals can disclose potential or actual conflicts as they arise to Title IX Program Officer.

2.8    Informal Resolution

An informal resolution is an alternative to the investigation and adjudication model and generally involves a facilitated resolution that is acceptable to the Complainant and Respondent. A full investigation of the allegation is not conducted in the informal resolution process; however, the details of the allegation will be gathered to allow the University to engage in an assessment of risk. An informal resolution can be the full and final resolution to a Formal Complaint.

An informal resolution can be requested by a Complainant or Respondent at any time after a Formal Complaint has been submitted up to the start of a Title IX hearing. Generally, informal resolutions are pursued when the Complainant and Respondent, having been fully informed of all available options, have explicitly and voluntarily made that choice. An informal resolution process is voluntary for the both Complainant and the Respondent. Engaging in the informal resolution process is not an admission of responsibility for the allegation or an admission of the falsehood of the allegations. The existence of an informal resolution is not viewed as a finding against the Respondent.

The Complainant or Respondent may withdraw from an informal resolution process at any time before its completion. If an informal resolution process is ended prior to its completion, any information obtained will not be used in a subsequent investigation of the Formal Complaint.

Once a Formal Complaint has been resolved through an informal resolution process, the matter will be closed. This means allegations resolved through an informal resolution will not advance through the formal resolution process unless the terms of the informal resolution are broken or incomplete.  If a term of the informal resolution is broken or incomplete, the information obtained may be submitted as evidence in a subsequent investigation involving the Complainant and/or Respondent.

For some limited types of Prohibited Conduct, an informal resolution may include mediation. Mediation may not be an appropriate option for cases involving a report of sexual assault and/or relationship and interpersonal violence, nor for circumstances involving severe misconduct.

In all cases, the Title IX Program Officer will have the discretion to determine whether an informal resolution or mediation is appropriate to the circumstances. The University will generally allow only one informal resolution per Respondent.

  • Notice of the Formal Complaint for the Informal Resolution Process

    The Title IX Program Officer will provide the Complainant or Respondent written notice of the other party’s interest in resolving a Formal Complaint through the informal resolution process. Written notice will include a copy of the Formal Complaint, the Prohibited Conduct at issue, and a summary of the guidelines to an informal resolution and the participant’s rights in the process. The Complainant or Respondent will have five (5) business days to respond to the informal resolution request, indicating their interest in participating in the informal process. In the instance when a party does not reply to the notice or a party does not voluntarily agree to participate in the informal resolution process, the informal resolution process will end, and the University will begin an investigation into the Formal Complaint.
     
  • Privacy of Informal Resolution

    The existence of an informal resolution and/or the agreed upon terms is considered private information maintained in the Title IX Office. The existence of an informal resolution and/or the agreed upon terms may be shared with a limited circle of individuals in the University who “need to know” in order to (i.) assist in implementing the agreed upon terms, (ii.) monitor the agreed upon terms, (iii.) engage in a risk assessment involving the Complainant or Respondent, (iv.) implement support or protective measures, or (v.) perform University operations.

    The Title IX Program Officer may use the information obtained during an informal resolution process as evidence when investigating the Formal Complaint when the terms of an informal resolution are broken or not completed.

    The Title IX Program Officer may also use the information obtained during an informal resolution as evidence when investigating a Formal Complaint if a subsequent allegation of Prohibited Conduct involving the same Respondent is made and the alleged Prohibited Conduct is distinctively similar to the conduct alleged in the informal resolution process. If this occurs, the relevant portion of the Formal Complaint may be shared with an investigator and the Complainant may be called as a witness.

  • Acceptance of Responsibility for Impact

    As a component of the informal resolution process involving Students as the Complainant and Respondent, the Student Respondent must accept responsibility for the harm or impact caused by the Prohibited Conduct alleged in the Formal Complaint. Accepting responsibility for the harm or impact does not mean the Student Respondent accepts responsibility for violating of University policy.

    A Student Respondent who is interested in accepting responsibility for a policy violation is welcome to do so and should note accepting responsibility for Prohibited Conduct may be considered evidence in a Formal Complaint investigation when an informal resolution is not reach or the terms are breached or not completed.
     
  • Developing Terms of the Informal Resolution

    The Complainant and Respondent may propose terms for the informal resolution. The terms should be designed to remedy the adverse effects the Prohibited Conduct alleged has on the Complainant and/or to restore the Complainant’s equal access to the programs and activities of Brown. Informal resolutions involving faculty and staff will include a supervisor, Senior Dean, Office of the Provost, or University Human Resources who may also suggest proposed terms.

    The Title IX Program Officer will review the proposed and final terms and will remove those terms that are not permissible under University policy or practice and/or federal or state law. The Title IX Program Officer may consult with the relevant University officials such as a supervisor, Department Chair, Senior Dean, Office of the Provost, Campus Life, or University Human Resources when determining the permissibility of a proposed term(s).

    After the Title IX Program Officer’s review, the parties will have five (5) business days from the date of delivery of the informal agreement to review the terms. They should indicate their willingness to accept all, some, or none of the proposed terms. They may also propose alternative strategies to meet a specific term they reject.

    The Title IX Program Officer will send the Complainant and/or Respondent a copy of the other party’s response to the proposed terms. The Complainant or Respondent will have a subsequent five (5) business days from the date of delivery of the new terms to consider and respond to the revised terms.

    The informal agreement is reached when both parties independently and voluntarily come to agreement on terms. Upon agreement and signature (in hard copy or electronically) by both the Complainant and Respondent, the Formal Complaint is considered resolved and closed.
  • Violations of the Informal Resolution

    The Complainant and Respondent will be asked to identify and agree upon the consequences for violating the terms of the informal resolution. The Title IX Program Officer will consult with the relevant University officials such as a supervisor, Department Chair, Senior Dean, Office of the Provost, or University Human Resources when determining the permissibility or appropriateness of the proposed consequences. If the consequences for violating the informal resolution are not determined, the matter the matter will continue in the Formal Resolution Process.

  • Right of Appeal

    The informal resolution is grounded in the voluntary participation of the Complainant and Respondent. For this reason, there is no right of appeal associated with the informal resolution process.

  • Time Frame for the Informal Resolution Process

    The University cannot promise a definitive timeframe for an informal resolution process as the time to complete the agreement is unique to each set of Complainant and Respondent. The informal resolution will ordinarily take an average of 20 business days to complete.

    Below is an overview of the approximate time associated with the major stages of the informal resolution process after the Title IX Program Officer receives a Formal Complaint. All timeframes set forth in this process may be adjusted at the discretion of the Title IX Program Officer. The Complainant and Respondent will be notified of any delays or extensions of these timeframes and will be provided with a revised timeline to resolve the complaint.   
  •  
    • Written notice of Formal Complaint– Two (2) business days from receipt of the Formal Complaint
    • Written notice of a request for informal resolution – Two (2) business days from receipt of the request from either the Complainant or Respondent
    • Drafting of terms - Five (5) business days (this step may be repeated as necessary)
    • Review of proposed terms – Five (5) business days (this step may be repeated as necessary)
    • Review and sign off on the final terms – Five (5) business days.
  • Recordkeeping

    The Formal Complaint and final informal resolution agreement will be maintained for a period of seven (7) years in accordance with the records retention schedule of the University. Records of supportive measures will be maintained for a minimum period of seven (7) years.

2.9    Formal Resolution

A formal resolution process will occur when (i.) a Complainant submits a Formal Complaint and requests to begin the formal resolution process, (ii.) the University engages in an assessment of threat and determines that the Title IX Program Officer should proceed with the formal resolution process because there is reasonable cause to believe that the Respondent poses a threat of harm to the health, safety, and welfare of the Complainant or Brown community, or (iii.) the Title IX Program Officer identifies a pattern of alleged Prohibited Conduct involving the same Respondent.

In the event of (ii.) or (iii.), the Title IX Program Officer will draft and sign a Formal Complaint in lieu of a Complainant, and the formal resolution process will proceed as indicated below.

2.9.1    Notice to the Respondent(s)

The Title IX Program Officer will provide the Respondent written notice of the Formal Complaint. Written notice will include a copy of the Formal Complaint, the Prohibited Conduct alleged, and a summary of the participant’s rights and guidelines to the formal resolution process.

The Respondent will have five (5) business days following the date of delivery of the written notice to respond to the Formal Complaint but is not required to respond. A response to the Formal Complaint is at minimum the acceptance or denial of responsibility for the alleged Prohibited Conduct. The response may also, but is not required to, address the factual allegations within the Formal Complaint. Any response submitted will be provided to the Complainant and the investigator.

  • No Response to Written Notice

    In instances when the Respondent does not reply to the written notice, the formal resolution process and investigation will continue. The Title IX Office will make a good faith effort to contact the Respondent to notify them of the Formal Complaint and ensuing formal complaint process.

    A Respondent’s silence in response to a Formal Complaint will not be viewed as an admission of responsibility but may leave the allegations undisputed. If the Respondent chooses to participate in the resolution process after the investigation report is finalized, they will be given the opportunity to participate in the subsequent steps of the process.

2.9.2    Investigation

The Title IX Program Officer will appoint one or more investigators to conduct the fact finding for the case. The Title IX Program Officer will have the discretion to determine whether the investigator will be internal (an employee at Brown) or external (a qualified individual outside of the Brown community), or a combination of both internal and external investigators. The role of the investigator will be to gather, assess, and synthesize the relevant evidence in a report that sets forth the facts determined to have occurred. The investigator has the discretion to determine the relevance of any witness or other evidence and may exclude information in preparing the investigation report if the information is irrelevant, immaterial, or more prejudicial than informative.

The investigator will prepare an initial (draft) investigation report. A redacted version of the draft investigation report and a redacted copy of all of the physical evidence submitted or obtained is shared electronically with both parties who will have ten (10) business days from the date of delivery of the draft report to review and comment before the investigation report is finalized. The investigator does not make a final determination to whether a policy violation has occurred.

Complainants and Respondents should be aware that the allegations and Prohibited Conduct in the draft investigation report may be different from allegations in the Formal Complaint. If an additional allegation is identified during the investigation, the Title IX Program Officer will send the Complainant and Respondent notice of the new allegation and amend the Formal Complaint. The Respondent will be provided five (5) business days from the date of delivery of the notice of the new allegation to respond to the new charge.

The investigator’s report may include credibility assessments, where appropriate, based on their interviews with the Complainant, Respondent, witnesses, and review of the material evidence, as well as the basis of those assessments. The credibility assessment may include direct observations and reasonable inferences drawn from the facts and any consistencies or inconsistencies between the various sources of information.

To ensure that the investigator is complying with their role as outlined in these procedures, the Title IX Program Officer will review the investigation report in advance of the parties for thoroughness and accuracy and may return the investigation report to the investigator in instances where the investigator does not comply with their role, the Title IX Program Officer questions an initial decision of relevance of evidence, clarification is needed, or the potential policy violation is not addressed in a manner consistent with the Policy definition.

To protect the privacy of the parties and safeguard the contents of the investigation report, the draft and final investigation report will be sent through an encrypted email that limits the parties’ ability to edit, download, or print the investigation report. These limitations will be amended as needed to adhere to reasonable accommodation related to a disability that is documented with the University.

  • Extensions

    A Complainant and/or Respondent may ask for an extension to a deadline or to pause the investigation. Pauses and/or extensions are only provided for good cause and are normally a three- to five-day extension. Good cause is considered to be extraordinary or extenuating circumstances outside of the control of the party such as an unanticipated health issue or exam or deadline associated with an academic assignment. Extensions to accommodate an adviser’s schedule, including scheduling of interviews or hearings, will be considered if they do not unduly delay the process, which is considered to be a delay of three (3) or more business days.
  • Witnesses

    The Complainant, Respondent, and witnesses are permitted to provide names of potential witnesses to the investigator. The investigator will determine which of those potential witnesses, or other persons, may have relevant evidence about the alleged conduct and may request statements, either orally or in writing. Witnesses may include individuals outside the Brown community.
  • Evidence: 

    Complainants, Respondents, and witnesses are permitted to provide evidence to the investigator. Evidence may include text messages, email exchanges, timelines, receipts, photographs, videos, etc. The investigator may also gather and consider additional documents, items, or other relevant information.

    The investigator will determine whether the evidence is relevant. Information that does not directly relate to the facts at issue may be considered irrelevant to the determination of whether the conduct alleged violates the Policy.
  • Pattern Evidence: A report of Prohibited Conduct that is so distinctively similar and closely resembling the behavior in the Formal Complaint may be considered as factual evidence. The investigator may consider this as pattern evidence regardless of whether there has been a prior finding of a Policy violation. Pattern evidence may occur before or after the conduct in question. This information may be deemed relevant to determine whether the conduct alleged violates the Policy and/or to assign appropriate discipline.
     
  • Character Evidence: Information that does not directly relate to the facts at issue, but instead reflects upon the reputation, personality, qualities, or habits of an individual is character evidence and will be given lesser weight than information that directly relates to the facts of the case when determining whether the conduct alleged violates the Policy.
     
  • Prior Sexual History: An individual’s character or reputation with respect to sexual activity is not typically relevant and is not ordinarily considered as evidence. Similarly, an individual’s prior or subsequent sexual activity is typically not relevant and will only be considered as evidence when offered to prove that someone other than the Respondent committed the offense or if the sexual history evidence concerns specific sexual incidents between the Complainant and Respondent and is offered to prove consent. For example, prior sexual history may be relevant to explain the presence of a physical injury or to help resolve other questions raised by the investigation report. The investigator will determine the relevance of this information.

    Even in the context of a relationship, consent to one sexual act does not, by itself, constitute consent to another sexual act, and consent on one occasion does not, by itself, constitute consent on a subsequent occasion. Where the parties have a sexual relationship prior to or after the incident in question and the existence of consent is at issue, the sexual history between the parties may be relevant to help understand the manner and nature of communications between the parties and the context of the relationship, which may have bearing on whether consent was sought and given during the incident in question. However, this does not assume that the prior sexual history was consensual, and this should be a factor in considering relevance.

  • Other Disciplinary Case
    Information about prior, concurrent, or pending campus disciplinary or criminal charges involving the Complainant or Respondent is typically viewed as irrelevant to the investigation unless determined to be so distinctly similar or to be contemporaneous such that the other conduct may be related that it will be considered pattern evidence.

2.9.3     Investigation Report Review

Within ten (10) business days following the date of delivery of a redacted draft investigation report, both parties may provide a written response. The Complainant and Respondent may offer additional comments, clarify information previously shared, suggest additional witnesses, question relevance determinations, or identify any other relevant information or evidence to assure the thoroughness and sufficiency of the investigation.

The parties should contact the Title IX Program Officer if the redactions create a barrier to their review of the investigation report. The Title IX Program Officer will set up a meeting, which may be held virtually, to review the redacted information verbally, including the identity of the witnesses.

The Title IX Program Officer will review the investigation report in advance of the parties for thoroughness and accuracy and may return the investigation report to the investigator in instances where the investigator does not comply with their role, the Title IX Program Officer questions an initial decision of relevance of evidence, clarification is needed, or the potential policy violation is not addressed in a manner consistent with the Policy definition.

The investigator will review the responses submitted by the parties to finalize the investigation report, but is not obligated to change the report. The investigator may request additional information or interview additional witnesses to finalize the document. Once the investigation report is finalized, it is provided to the Title IX Program Officer, who will send it to the parties, the Chair of the Title IX Council and the Hearing Panel.

2.9.4    Hearing

The University conducts a live virtual hearing in which the parties can simultaneously see and/or hear each other. The hearing is recorded, and subject to a proctored review by the parties after the hearing upon request during the pendency of an appeal.

The Title IX Program Officer will select a date for the hearing based on the availability of the Hearing Panel and will consider a participants’ academic and work schedules when identifying the hearing date.

Note: The University requires the party to be on camera during their cross examination and verbal statement only. The parties will be muted and off camera during the other phases of the hearing.

  • Chair of the Title IX Council

    The Chair of the Title IX Council presides over the Hearing Panel as a non-voting member. The Chair is responsible for the administration of the hearing process and conduct of the deliberations process, including procedural matters and decisions leading up to the hearing. The Chair is also responsible for the overall decorum and conduct of the parties, panelist, investigator, and advisors during the hearing. The Chair will also draft the determination letter that summarizes the finding, rationale, and outcomes.

  • Hearing Panel

    The Hearing Panel is comprised of one to three individuals who receive training to hear Formal Complaints investigated under the Policy.  The Title IX Program Officer will send the Hearing Panel a redacted copy of the final investigation report at least ten (10) business days before the date of the hearing. The Hearing Panel will convene to deliberate and render a decision, by majority vote, regarding whether or not the Respondent has violated the Policy by a preponderance of the evidence. No member may abstain from voting.

    The number and composition of the Hearing Panel is determined by the affiliation of the Respondent (i.e., Faculty, Staff, or Student). When a respondent holds multiple relationships to the University, the Respondent’s affiliation will be determined by the role they were in when the alleged Prohibited Conduct occurred.
  • Hearing Panel for Faculty Respondent: A Hearing Panel where both the Complainant and Respondent are faculty will consist of three (3) faculty members drawn from the Title IX Council. If the Complainant is a student or staff member, the Hearing Panel will consist of two faculty (2) and one (1) student or staff member respectively drawn from the Title IX Council. The Hearing Panel will deliberate and make a determination on the finding and Discipline (if applicable). The Senior Academic Dean of the Respondent or Senior Director of Employee and Labor Relations may be substituted for a three (3) person Hearing Panel in instances in which the Title IX Office is unable to populate a panel due to urgency, time of year, or conflict of interest.
     
  • Hearing Panel for Staff Respondent: A Hearing Panel where both the Complainant and Respondent are staff will consist of three (3) staff members drawn from the Title IX Council. If the Complainant is a student or faculty member, the Hearing Panel will consist of two (2) staff members and one (1) student or faculty member respectively drawn from the Title IX Council. The Hearing Panel will deliberate and make a determination on the finding and Discipline (if applicable). The Senior Director of Employee and Labor Relations may be substituted for a three (3) person Hearing Panel in instances in which the Title IX Office is unable to populate a panel due to urgency, time of year, or conflict of interest.
     
  • Hearing Panel for Student Respondent: A Hearing Panel for student Respondent complaints will consist of three (3) individuals drawn from the Title IX Council. The Hearing Panel will deliberate and make a finding and determine a Discipline (if applicable).
  • Direct Questionings

    The Hearing Panel may pose questions to the parties, investigator, and witnesses (if applicable) to elicit relevant factual information missing from the final investigation report. The presumption is that the investigator has identified and interviewed all relevant witnesses and supplied the information necessary for the Hearing Panel to render its decision and determine sanctions. It is rare for witnesses to appear before the Hearing Panel. The Chair has the discretion to approve or deny requests from the Hearing Panel to gather additional evidence or question a witness during the hearing.

    During direct questioning, the Hearing Panel will ask questions (if any) of the investigator first followed by the Complainant and then the Respondent.

    The Chair will make determinations of relevance. The hearing process does not allow the Complainant or Respondent to challenge the relevance decision of the Chair during the hearing or of the investigator’s relevance decisions in the final investigation report. Challenges to relevance decisions may be addressed through the appeals process as a material procedural error.

  • Verbal Statement

    The Complainant and Respondent will be granted the opportunity to appear before the Hearing Panel if they wish to make a verbal statement regarding the facts. Verbal statements must be no more than seven (7) minutes in length. The Chair will intervene should a verbal statement exceed seven (7) minutes.

    The Chair will instruct the Hearing Panel to disregard verbal statements made that are more prejudicial than probative, introduce new allegations, or introduce evidence deemed irrelevant or immaterial by the investigator or Chair of the Title IX Council. If both the Complainant and Respondent choose to make a verbal statement, the Complainant shall appear first, and the Respondent shall appear second. Verbal statements should focus on the facts and relevant evidence and limit references to character.

  • Impact Statements

    The Complainant and Respondent may submit an impact statement to be considered by the Hearing Panel. Impact statements will be shared with the Hearing Panel after it has made a determination of responsibility for the Prohibited Conduct and is considering Discipline if applicable.  The impact statement must be submitted one (1) business day before the scheduled hearing. The impact statements should be no more than three (3) 8 ½ by 11 pages, double spaced, 12-point font, one inch margins and should not include new allegations or information determined by the investigator or Chair to be irrelevant or immaterial to the allegations or information that is more prejudicial than probative. Information deemed inappropriate or irrelevant, as stated above, included in an impact statement will be redacted or removed before the statement is shared with the Hearing Panel.

  • Outcome

    The Chair of the Title IX Council will prepare a written decision within five (5) business days from the date of the hearing. The written decision will include a finding for each charge, rationale for each decision, and appropriate Discipline for each allegation as applicable. The Chair may ask for additional time for deliberation or request to pause the Hearing Panel deliberation in the instance in which the Hearing Panel requires additional information in order to render a decision.  The Title IX Program Officer will notify the parties if additional time or information is needed.

    The Hearing Panel shall consider prior violations when determining an appropriate sanction.

    If the Hearing Panel determines that there is adequate cause for the termination of a term appointment or revocation of tenure of a Faculty respondent, the Hearing Panel will make this recommendation to the Provost and President who will consider the recommendation and follow the appropriate procedure as stated by the Faculty Rules and Regulations.

    If the Hearing Panel determines there is adequate cause for the separation or termination of an employee, the Hearing Panel will make this recommendation to the Senior Director of Employee and Labor Relations who will follow the appropriate procedure as stated by employee policy or applicable collective bargaining agreement, if any.

    In all cases, the Complainant and Respondent will be notified of the outcome and determination simultaneously in writing. The appropriate campus officials such as the Senior Academic Dean, Deans in the Graduate or Medical School, Department Chair, University Human Resources and supervisory personnel, or Deans in The College and Campus Life will receive a copy of the outcome as appropriate.

  • Determining the Appropriate Discipline

    If the Hearing Panel determines that a Respondent is responsible for one or more violations of the Policy, it will then impose an appropriate Discipline. The Hearing Panel will be permitted to consider prior unrelated Policy and Code violations in determining an appropriate sanction. The Hearing Panel shall consider, but is not limited to, the following factors in determining an appropriate discipline.
     
    • Whether or not the circumstances suggest there is an increased risk of the Respondent committing additional acts of sexual violence or other violence (whether there have been other sexual violence Complaints about the same Respondent, whether the Respondent has a history of violence, whether the Respondent threatened further sexual violence or other violence against the Complainant or others); 
    • Whether or not the circumstances suggest there is an increased risk of future acts of Prohibited Conduct under similar circumstances (whether the circumstances reveal a pattern of perpetration, for instance via illicit use of drugs or alcohol, at a given location, or by a particular group);
    • Whether or not the Prohibited Conduct was perpetrated with a weapon or had other aggravating considerations;
    • Whether the Respondent upon return to campus would be likely to pose a threat to the safety and/or well-being of the Complainant and/or the Brown University community generally, and if so, the nature and extent of the threat and steps to effectively mitigate the impact;
    • The impact statements submitted by the Complainant and Respondent;
    • The impact of the conduct on the Brown University community, and the need for any Discipline or remedies to eliminate, prevent, or address the existence of any hostile environment caused in the Brown University community or to maintain a safe and respectful environment conducive to learning, working and living; and
    • Any other mitigating, aggravating, or compelling circumstances in order to reach a just and appropriate resolution in the case.

If a student Respondent is found responsible and the Discipline includes suspension or expulsion, the Threat Assessment Team will meet to determine if the Respondent must be immediately removed from campus housing, restricted in their movements on campus (e.g., only able to attend classes and labs), or barred completely from campus during the entirety of the appeal process. Such removal or restriction will only be imposed if there is reasonable cause to believe that the Respondent poses a significant threat of harm to the health, safety, and welfare of the Complainant or others.

In cases of expulsion or termination: Once the appeal deadline has passed or an expulsion or termination is upheld by an appeal panel, the Respondent’s enrollment or employment will end and the Respondent must vacate campus immediately.

In cases of suspension of a student Respondent: Once the appeal deadline has passed or a suspension is upheld by an appeal panel, the start of the Respondent’s suspension will be determined by the date in which the final decision is made.  Suspensions imposed before the end of the sixth week of classes will begin immediately and apply to the current semester.  Suspensions imposed after the sixth week of classes will apply to the next semester.  The University may impose interim actions, as appropriate, on the student respondents whose suspension will begin in the upcoming semester.

  • Right of Appeal

    The Complainant and Respondent both have the right to appeal a determination of responsibility on the limited grounds of (i.) material procedural error that materially affected the outcome; (ii.) material, new evidence not reasonably available at the time of the hearing; (iii.) a decision and/or Discipline that is clearly contrary to the weight of the evidence; and/or (iv.) conflict of interest or bias on the part of the Title IX Program Officer, investigator, or Hearing Panelist that affected the outcome.

    Written requests for appeal must be submitted within five (5) business days following delivery of the notice of the outcome. Written requests for appeal submitted by one party will be shared with the other party. Each party may respond in writing to any appeal submitted by the other party. Written responses to an appeal must be submitted within five (5) business days following delivery of the notice of the written appeal.

    Appeals are heard by the Provost in cases with a faculty Respondent, Vice President of Human Resources in cases with a staff Respondent, and a three (3) member appeal panel drawn from the Title IX Council when the case involves a Student Respondent. The appeal officer/appeal panel’s responsibility will be strictly limited to determining if the written appeal meets the limited grounds in which an appeal is submitted. If the appeal officer/appeal panel finds that the grounds for appeal are met, the appeal will be granted. Otherwise, the appeal will be denied. If the appeal is denied, the matter is closed, and the Hearing Panel’s decision stands as the final decision.

    There are two possibilities in the event that an appeal is granted. The appeal officer or appeal panel may, in its discretion: (i.) Remand the case to the original or new Hearing Panel and provide instructions regarding the nature and extent of its reconsideration. The Hearing Panel will act promptly to reconsider the matter consistent with those instructions. Following reconsideration, the finding of the Hearing Panel or the sanction imposed by the decision-maker will be final and not subject to further appeal, or (ii.) Modify the decision and/or sanction consistent with its decision. Following reconsideration, the finding of the appeal officer/appeal panel or the sanction imposed will be final and not subject to further appeal.

2.9.5   Time Frame of the Formal Resolution

The University seeks to complete its investigation and disciplinary process, if any, as promptly as possible. A formal resolution process will take an average of 75 business days. The length of investigations may vary with the complexity and unique factors in each case. Examples of such factors include, but are not limited to, circumstances in which critical witnesses are unavailable, or if law enforcement requests the University temporarily halt its investigation for a brief period of time.

Below is an overview of the approximate time associated with the major stages of the formal resolution process after the Title IX Program Officer receives a Formal Complaint. All timeframes set forth in this process may be adjusted by the discretion of the Title IX Program Officer. The Complainant and Respondent will be notified of any delays or extensions of these timeframes and will be provided with a revised timeline to resolve the complaint.

  • Notice to the Respondent – Two (2) business days from receipt of the Formal Complaint
  • Response to the Formal Complaint – Five (5) business days from delivery of written notice of the Formal Complaint
  • Investigation – Thirty (30) business days
  • Draft Report Review – Ten (10) business days from delivery of the draft investigation report
  • Finalize the Investigation Report – Five (5) business days
  • Hearing Panel Report Review – Ten (10) business days
  • Hearing Panel Deliberation – Five (5) business days
  • Right of Appeal – Five (5) business days from the delivery of the written outcome
  • Appeal Review – Five (5) business days

2.9.6  Information Sharing

Throughout the investigation, the parties should only share documentation and information they receive or learn of from the Title IX Office, including the investigator, for the purpose of advice and counsel. Information shared, publicly posted, or distributed for other purposes may be considered Retaliation under the Policy and could constitute a violation of federal or state privacy laws.

The University may share the Formal Complaint, investigation report, and Finding with a limited circle of individuals within the University who “need to know” in order to assist in (i.) the review, investigation, and resolution of the report or Formal Complaint, (ii.) the implementation of support or protective measures, (iii.) the implementation of the Finding and/or Discipline, or (iv.) other disclosures necessary to fulfill University operations.

2.9.7    Withdrawal or Dismissal of Formal Complaint or Allegations

The University may dismiss a Formal Complaint or allegation in the instance when the investigation proves that the charge falls outside of the jurisdictional scope of the Sexual and Gender-Based Misconduct Policy. The Formal Complaint or allegation may be dismissed even if the investigation proves that the Prohibited Conduct occurred. The University may refer the Formal Complaint and the investigation report to an alternative policy, Code of Conduct, or University official.

The Complainant may request to withdraw the Formal Complaint or allegations within a Formal Complaint at any time before the determination made by the Hearing Panel. Either request must be made in writing to the Title IX Program Officer. The Title IX Program Officer will consider whether to approve or deny these requests, and will strongly consider the Complainant’s request.

Similarly, the University may withdraw or dismiss an allegation or Formal Complaint at any time before a hearing when the Complainant or witness refuses to participate in the investigation or hearing, the Respondent permanently separates from the University, or the investigation uncovers that the University does not have control over the Respondent and is unable to issue impose discipline on the Respondent.

Written notice of a decision to dismiss some or all of the Formal Complaint will be sent to the parties in writing. The Complainant and/or the Respondent have the right to appeal a decision to dismiss on the limited grounds of (i.) material procedural error that materially affected the outcome; (ii.) material, new evidence not reasonably available at the time of the determination to dismiss; and/or (iii.) conflict of interest or bias on the part of the Title IX Program Officer, investigator, or hearing panelist that affected the outcome. The Director of Equal Opportunity and Diversity will hear appeals of dismissal. An appeal of a mandatory or discretionary dismissal must be submitted to the Director of Equal Opportunity and Diversity within 5 (five) business days from notice of the decision to dismiss. Written requests for appeal submitted by one party will be shared with the other party. Each party may respond in writing to any appeal submitted by the other party. Written responses to an appeal must be submitted within five (5) business days following delivery of the notice of the written appeal.  The outcome of the appeal must be in writing, and must include the rationale. The written decision must be provided simultaneously to both parties.

2.9.8  Recordkeeping

The Formal Complaint, final investigation report, and final determination letters, including appeal outcomes, will be maintained for a minimum period of seven (7) years in accordance with the records retention schedule of the University. The Formal Complaint, final investigation report, and final determination letters, including appeal outcomes for cases involving suspensions and expulsions will be maintained by the University in perpetuity. Records of supportive measures will be maintained for a minimum period of seven (7) years.

3.0      Definitions

For the purpose of this SOP, the terms below have the following definitions:

Advisor: An adviser is an individual of the Complainant’s or Respondent’s choosing, including an attorney, to provide support during the complaint process. More on the role and responsibility of an adviser can be found in the Sexual and Gender-based Misconduct Policy.

Administrative Leave: Administrative leave is the process where the institution places an Employee on an interim work, supervision, leadership, or teaching suspension after the filing of a Formal Complaint against the Employee.

Coercion: Coercion is verbal and/or physical conduct, including intimidation, unwanted contact, and express or implied threats of physical, emotional, or other harm, that would reasonably place an individual in fear of immediate harm and that is employed to compel someone to engage in sexual contact.

Complainant: A Complainant is the individual(s) who is alleged to be the victim of behavior that could constitute Prohibited Conduct. A Complainant seeking to use the Sexual and Gender-based Misconduct Complaint Procedure associated with this policy must have been participating in or attempting to participate in an educational program, employment, or activity of Brown at the time in which the alleged prohibited conduct occurred.

Consent: Consent is an affirmative and willing agreement to engage in specific forms of sexual contact with another person. Consent requires an outward demonstration, through mutually understandable words or actions, indicating that an individual has freely and affirmatively chosen to engage in sexual contact. Consent cannot be obtained through: (1) the use of coercion or force or (2) by taking advantage of the incapacitation of another individual.

Silence, passivity, incapacitation from alcohol or drugs, or the absence of resistance does not imply consent. It is important not to make assumptions; if confusion or ambiguity arises during a sexual interaction, it is essential that each participant stops and clarifies the other’s willingness to continue.

Consent can be withdrawn at any time. When consent is withdrawn, sexual activity must cease.  Prior consent does not imply current or future consent; even in the context of an ongoing relationship, consent must be sought and freely given for each instance of sexual contact. An essential element of consent is that it be freely given. Freely given consent might not be present, or may not even be possible, in relationships of a sexual or intimate nature between individuals where one individual has power, supervision, or authority over another.

In evaluating whether consent was given, consideration will be given to the totality of the facts and circumstances, including but not limited to the extent to which a Complainant or reporting party affirmatively uses words or actions indicating a willingness to engage in sexual contact, free from coercion; whether a reasonable person in the Respondent’s position would have understood such person’s words and acts as an expression of consent; and whether there are any circumstances, known or reasonably apparent to the Respondent, demonstrating incapacitation.

Covered Persons:

  • Employees: Individuals employed by Brown University, including faculty, affiliates, visiting faculty, postdoctoral fellows, and all staff (including all exempt and non-exempt, bargaining unit, and senior administrative positions), as well as those physicians and health scientists who are not employed by Brown University but have Brown University faculty, affiliate, postdoctoral, or house staff appointments for the purpose of teaching and/or research in the Division of Biology and Medicine.
  • Students: Individuals enrolled in the College, the Graduate School, the Warren Alpert Medical School, the School of Public Health, the School of Engineering, and/or the School of Professional Studies.

Dating Violence: Dating violence is violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse. Dating violence does not include acts covered under the definition of domestic violence. This definition is prescribed by the 2014 Violence Against Women’s Act as defined in the Uniform Crime Reporting (UCR) Program’s National Incident-Based Reporting System (NIBRS).

Discipline: Discipline is a consequence, punishment, or penalty rendered as a result of a finding of responsibility for a policy violation.

Domestic Violence: Domestic violence is violence committed (i.) by a current or former spouse or

intimate partner of the victim; (ii.) by a person with whom the victim shares a child in common; (iii.) by a person who is cohabitating with, or has cohabitated with, the victim as a spouse or intimate partner; (iv.) by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred, or (v.) by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred.

This definition includes, but is not limited to, physical, sexual, emotional, economic, and/or psychological actions or threats of action, including threatening to reveal personal or confidential information (including, but not limited, to information regarding one’s gender identity and/or sexual orientation), that are intimidating, frightening, terrorizing, or threatening. Prohibited Conduct under this definition includes threats of violence or harm to one’s self, one’s family member(s) or friends, and/or one’s pet. This definition is prescribed by the 2014 Violence Against Women’s Act as defined in the Uniform Crime Reporting (UCR) Program’s National Incident-Based Reporting System (NIBRS).

Emergency Removal: Emergency removal is the process where the institution places a Respondent on an interim suspension, interim leave of absence, and/or interim removal from campus. The Title IX Program Officer will bring reports that may necessitate an emergency removal to the Threat Assessment Team in the case involving Student Respondents, or convene a risk assessment group for cases involving Employee Respondents to determine whether there is reasonable cause to believe that the Prohibited Conduct is likely to continue and/or the Respondent poses a significant threat of harm to the health, safety, and welfare of others or the University community.

If the Threat Assessment Team determines that an emergency removal of a student is warranted, it will recommend that action to the Associate Vice President for Campus Life and Dean of Students who will decide whether to implement the emergency removal. Emergency removals of a student can be appealed to the Vice President of Campus Life. Brown may remove a student on an emergency basis with or without the completion of a complaint resolution process.

Fondling: Forcible or non-forcible touching of the private body part (breast, buttocks, groin, genital, or other intimate part) of another person for the purpose of sexual gratification without consent.

Force: Force is the use or threat of physical violence to overcome an individual’s freedom of will to choose whether or not to participate in sexual contact.

Formal Complaint: A written and signed document submitted by a Complainant (or the Title IX Program Officer in lieu of a Complainant) alleging that a Covered Person has engaged in conduct prohibited by this policy. A Formal Complaint should include identities of the parties involved (if known), the Prohibited Conduct alleged, the date and location of the alleged incident (if known), and the details of the incident. The Formal Complaint will be shared the Respondent and the investigator upon the initiation of an investigation.

Gender-Based Harassment: Unwelcome action based on actual or perceived sex or gender, gender identity, gender expression, or sexual orientation, whether verbal or non-verbal, graphic, physical, or otherwise that has the purpose of unreasonably interfering with the learning, working, or living environment; in other words, the behavior is sufficiently severe or pervasive and objectively offensive that it denies the target(s) equal access to the programs and activities of Brown (Hostile Environment).

Hostile Environment: A hostile environment is one that denies or interferes with an individual or group’s access to the programs and activities of Brown. A hostile environment is created when (i.) enduring the hostile conduct based on gender, gender identity, or sexual orientation that becomes a condition of the continued living, working, or social environment, or (ii.) the conduct is sufficiently severe or pervasive, and objectively offensive to create an environment that a reasonable person would consider intimidating, hostile, or abusive.

Slights, offensive comments, and isolated incidents (unless extremely serious) typically do not rise to the level of a policy violation unless the effects associated with the offensive comment go beyond being uncomfortable, embarrassed, or offended.

In evaluating whether a hostile environment exists, the University will consider the totality of known circumstances, including but not limited to:

  • The frequency, nature, and severity of the conduct;
  • Public nature of the conduct;
  • Whether the conduct was physically threatening;
  • The effect of the conduct on the Complainant’s mental and emotional state;
  • Whether the conduct was directed at more than one person;
  • Whether the conduct arose in the context of other unlawful discriminatory conduct; and
  • Whether the conduct implicates concerns related to academic freedom or protected speech.

Incapacitation: An individual who is incapacitated lacks the ability to make informed judgments and cannot consent to sexual contact. Incapacitation is the inability, temporarily or permanently, to give consent because an individual is mentally and/or physically helpless, asleep, unconscious, or unaware that sexual activity is occurring. Mentally helpless means a person is rendered temporarily incapable of appraising or controlling one’s own conduct. Physically helpless means a person is physically unable to verbally or otherwise communicate consent or unwillingness to an act.

Where alcohol or other drugs are involved, incapacitation is a state beyond impairment or intoxication. Where alcohol or other drugs are involved, evaluating incapacitation requires an assessment of how the consumption of alcohol and/or drugs affects a person’s: decision-making ability; awareness of consequences; ability to make informed, rational judgments; capacity to appreciate the nature and quality of the act; or level of consciousness. The assessment is based on objectively and reasonably apparent indications of incapacitation when viewed from the perspective of a sober, reasonable person.

Incest: Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.

Interim Action: A course of action taken by the University in response to a report of Prohibited Conduct. These measures may be both restorative (designed to address a Complainant’s safety and well-being and continued access to educational opportunities) and remedial (involving action against a Respondent without unreasonably burdening a Respondent.) Interim actions may include housing relocation, on-campus housing restriction, change in work location or modification of work hours, restricted access to certain buildings or locations of campus, course reassignment or shift to remote course access, interim suspension and/or interim removal from campus, or interim administrative leave of absence. Interim action may be taken with or without a formal complaint or the implementation of a complaint resolution process and are individualized to protect the safety of all parties, the broader campus community, and/or prevent future Prohibited Conduct.

Prohibited Conduct: Includes Sexual Harassment, Gender-Based Harassment, Sexual Assault (Rape, Fondling, Incest, Statutory Rape), Dating Violence, Domestic Violence, Stalking), Sexual Exploitation, Provision of Alcohol and/or Other Drugs for Purposes of Prohibited Conduct, and Retaliation.  See the Sexual and Gender Misconduct Policy for definitions.

Provision of Alcohol and/or Other Drugs for Purposes of Prohibited Conduct: The provision of alcohol and/or other drugs to an individual for the purpose of committing or facilitating Prohibited Conduct under this policy is also Prohibited Conduct. Such behavior may include provision of a drink or food which contains alcohol and/or other drugs without the knowledge of the individual to whom it is being provided or other actions taken with the intention of impairing the senses, judgment, and/or physical and mental ability of another person in order to engage in other forms of Prohibited Conduct. An individual does not have to engage in sexual activity with another person to be found responsible for the prohibited provision of alcohol and/or other drugs.

Rape: Attempted or completed anal or vaginal penetration of another person, no matter how slight, by a body part or object without consent and/or completed or attempted oral penetration by a sex organ of another person.

Respondent: An individual(s) who has been reported to be the perpetrator of behavior that could constitute Prohibited Conduct.

Report: Information shared with the Title IX Office that includes details of alleged Prohibited Conduct. A report is made when a Complainant, reporting party, or third party seeks information, support measures, or informs the University of Prohibited Conduct, but such party is not making a Formal Complaint or pursuing a complaint resolution process to address the alleged Prohibited Conduct.

Retaliation: Retaliation is any action, statement, or behavior meant as reprisal or retribution against an individual in response to the individual’s good-faith report or participation in a proceeding related to this policy. Any retaliatory action taken directly or indirectly against a person who has made a report, filed a complaint, or participated in an investigation is prohibited.

Retaliation includes, but is not limited to, intimidation, threats, harassment, and other conduct that would discourage a reasonable person from engaging in activity protected under this policy, such as seeking services, receiving protective measures and accommodations, and/or reporting Prohibited Conduct. This prohibition against retaliation protects Complainants, Respondents, reporting parties, witnesses, hearing panelists, decision-makers, advisors, investigators, and other individuals who provide information relating to a Title IX investigation or participate in a complaint process associated with this policy.

Sexual Assault: Sexual assault is defined as a sexual act directed against another person, without the consent of the other person, including instances where the target is incapable of giving consent due to age or temporary or permanent mental or physical incapacity. Sexual Assault is the umbrella term for actions that constitute rape, fondling, incest, and statutory rape. This definition is prescribed by the 2014 Violence Against Women’s Act as defined in the Uniform Crime Reporting (UCR) Program’s National Incident-Based Reporting System (NIBRS).

Sexual Exploitation: Sexual Exploitation is purposefully taking sexual advantage of another person without consent. It may involve use of one’s own or another individual’s nudity or sexuality.

Examples of Sexual Exploitation include, but are not limited to:

  • Voyeurism (such as watching or taking pictures, videos, or audio recordings of another person in a state of undress or of another person engaging in a sexual act without the consent of all parties);
  • Disseminating, streaming, or posting pictures or video of another in a state of undress or of a sexual nature without the person’s consent;
  • Exposing one’s genitals to another person without consent;
  • Prostituting another individual; or
  • Knowingly exposing another individual to a sexually transmitted infection without the other individual’s knowledge and consent.

Sexual Harassment: Conduct on the basis of sex that satisfies one or more of the following:
(i.) An employee conditions the provision of an aid, benefit, or service on an individual’s participation in unwelcome sexual conduct (quid pro quo); and/or
(ii.) Unwelcome conduct determined by a reasonable person to be so severe or pervasive and objectively offensive that it effectively denies a person equal access to the programs and activities of Brown (hostile environment).

Stalking: Stalking is a course of conduct on the basis of sex or gender directed at a specific person that would cause a reasonable person to (i.) fear for the person’s safety or the safety of others; or (ii.) suffer substantial emotional distress.

For the purposes of this policy, Stalking refers to actions “on the basis of sex or gender” that would constitute Sexual or Gender-Based Harassment such as surveillance of a former intimate partner.

Course of conduct means two or more acts, including, but not limited to, acts in which the stalker directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person’s property. Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily require, medical or other professional treatment or counseling.

Stalking includes the concepts of cyber-stalking, a form of stalking through electronic media such as the internet, social networks, blogs, cell phones, texts, or other similar devices or forms of contact. This definition is prescribed by the 2014 Violence Against Women’s Act as defined in the Uniform Crime Reporting (UCR) Program’s National Incident-Based Reporting System (NIBRS).

Statutory Rape: Non-forcible sexual intercourse with a person who is under the statutory age of consent.

Support Measures: Non-disciplinary, non-punitive measures provided to a Complainant or Respondent designed to restore or preserve equal access to Brown’s programs and activities without unreasonably burdening the other party, including measures designed to protect the safety of all parties and deter future prohibited conduct. The Title IX Program Officer will oversee the implementation of support measures that are individualized to respond to the effects of the Prohibited Conduct, and that are appropriate, reasonably available, and free of charge. Support measures may include a no-contact order, counseling, extensions of deadlines or other course-related adjustments, modifications of work or class schedules, campus escort services, changes in work or housing locations, leave of absence, increased security and monitoring of certain areas of the campus, and other similar measures. Use of support measures is private and is available with or without a Formal Complaint.

Brown will also provide reasonably available support measures for third-party reporters, provided that the accommodations are within the scope of that individual’s relationship to Brown University.

4.0      Responsibilities

All individuals to whom this Sexual and Gender-based Complaint Procedure applies are responsible for becoming familiar with and following this Procedures. University supervisors are responsible for promoting the understanding of this Procedure and for taking appropriate steps to help ensure compliance with it.

Office of Institutional Equity and Diversity (OIED): Oversees the response to reports, submission of a formal complaint, and the implementation of the formal or informal resolution procedures. The University’s response is coordinated by the following individuals:

  • The Title IX Program Officer will coordinate the response to reports, review and respond to formal complaints, convene the appropriate officials to assess threats, train the responsible employees, mandatory reporters, Hearing Panelists, and others involved in operationalizing these procedures.
  • The Institutional Equity Officers and Institutional Equity Investigator: Serve as internal neutral fact finders.
  • The Director of Equal Opportunity and Diversity: Hears appeals of dismissal decisions.

5.0      Related Information

The following information compliments and supplements this document. The information is intended to help explain this SOP and is not an all-inclusive list of policies, procedures, laws and requirements.

5.1    Related University Policies:

 

SOP Effective Dat 2/16/2021