Complaint Resolution Process: Policy Against Discrimination, Harassment & Sexual Violence, Emerson College

Effective as of January 2025

Who Does This Process Apply To?
Initial Investigation
1. A. Support Person/Advisor
Initiating a Formal Complaint
Investigative Procedure
Process Determination
Formal Complaint Resolution
Appeals
Other Considerations

The Office of Equal Opportunity (OEO) is responsible for receiving, reviewing and investigating alleged violations of the Policy Against Discrimination, Harassment, and Sexual Violence (Policy). The Complaint Resolution Process (Process) provides the process through which OEO will conduct a prompt and equitable review and resolution of concerns reported by students², employees³ (staff and faculty) and, in some cases, third-parties who may have experienced conduct in violation of the Policy. When the College receives notice of a report of conduct that may implicate the Policy, OEO will review the options for resolution, which may include an Informal Resolution, initiation of a Formal Complaint, or other steps to end the conduct, prevent its recurrence and eliminate any effects from the conduct in the community. The Associate Vice-President for Equity, Access & Equal Opportunity serves as the Title IX Coordinator¹ and ADA/Section 504 Coordinator for Emerson College (sonia_jurado [at] emerson.edu (sonia_jurado[at]emerson[dot]edu); 617-824-8999).

When Emerson is notified of a possible violation of the Policy, the Office of Equal Opportunity (OEO) will attempt to communicate with the person who experienced the conduct, who is referred to as the Impacted Party. This person may be the same or a different person than the Reporting Party, who is the individual who brought the matter to the attention of the College. When a Formal Complaint is initiated (as discussed below), the Impacted Party will become the Complainant. The person against whom the Formal Complaint is brought is the Respondent.

OEO will inform the Impacted Party of supportive/interim measures and resources, which are available (without fee or charge) regardless of whether a formal complaint will be filed or a process is being pursued. OEO will also inform the Impacted Party of the available options for addressing the conduct within the College. An Impacted Party may also have the option to concurrently pursue separate legal remedies outside of the College, including filing criminal charges with the police, filing a civil legal action and/or filing an administrative complaint. The College may need to pursue a Formal Complaint even if the Impacted Party is not interested in pursuing action. The College will notify an Impacted Party when a Formal Complaint is being initiated and will make sure to offer supportive measures and resources. If a Formal Complaint is initiated under this Complaint Resolution Process, a determination will be made regarding the final adjudication of the complaint (either the Formal Complaint Resolution process or Title IX Grievance Process) after the Investigative Procedures (described below) have closed.

I. Who Does This Process Apply To?

The Policy Against Discrimination, Harassment & Sexual Violence (Policy) applies to all students², employees³ (staff and faculty) and any other individuals who participate in the College’s programs or activities. This Complaint Resolution Process (Process) is applicable to discrimination, harassment and/or sexual violence (sexual assault, relationship violence, stalking, sexual exploitation) that occurred on-campus, occurred off-campus in an Emerson program, activity or event (including, but not limited to, any national or international College-sponsored programs or College-led trips), or that occurred off-campus but may be impacting an individual’s ability to participate in the College’s programs or activities on-campus. There is no time limitation for submitting a report alleging a violation of the Policy. Matters will be adjudicated under the Process in effect at the time the complaint is initiated.

The College has jurisdiction over the person accused of the alleged conduct so long as they continue to be affiliated with Emerson as a student or employee (staff or faculty). On occasion, the person accused of discrimination, harassment, or sexual violence may be someone who is not affiliated with, or is no longer affiliated with, Emerson College. Under those circumstances, the College’s ability to respond to the incident may be limited. Emerson can provide supportive/interim measures and resources, available both on and off campus, to an Impacted Party who is a member of the Emerson community. The College can also provide information regarding any off-campus options that may be available to address the conduct, including referring the matter to law enforcement or another institution. When appropriate, Emerson has the discretion to restrict a non-affiliated person’s access to campus or other Emerson property.

There may also be occasions where a non-affiliated person, a formerly affiliated person or a third party has experienced discrimination, harassment or sexual violence which is alleged to have been committed by an Emerson student or employee, which may or may not have occurred on campus or at an Emerson program, activity or event. Students enrolled in the Global BFA program at Paris College of Art (PCA) may be subject to the policies and processes of PCA for conduct that occurred while participating in the program at PCA⁴. When the person who experienced the conduct is not (or no longer is) a College affiliate, Emerson maintains the option to exercise discretionary jurisdiction over that incident. Concerns that are raised by someone who is not an Emerson community member should be referred to the Office of Equal Opportunity (OEO) (oeo [at] emerson.edu (oeo[at]emerson[dot]edu); 617-824-8999) for a determination regarding whether Emerson will exercise discretionary jurisdiction over a non-affiliate complaint. In determining whether to exercise discretionary jurisdiction over these types of matters, Emerson will consider many factors, including any impact the conduct may have on the College community and the information that may be available regarding the alleged conduct. The College reserves the right to conduct an initial investigation into the allegations before deciding whether to exercise discretionary jurisdiction over the matter.

II. Initial Investigation

Concerns about conduct that may violate the Policy Against Discrimination, Harassment and Sexual Violence (Policy) should be reported to the Office of Equal Opportunity (OEO). Reports can be submitted via email (oeo [at] emerson.edu (oeo[at]emerson[dot]edu)), through the online reporting portal, or by scheduling a time to meet with someone from OEO (oeo [at] emerson.edu (oeo[at]emerson[dot]edu)). When a report of an alleged violation of the Policy is received, OEO (or their designee) will conduct an Initial Investigation of the report and available information. This may include meeting with the Impacted Party, the Reporting Party, or anyone else who may be able to provide information about the report. This Initial Investigation is a means of gathering information to evaluate whether the alleged conduct could constitute a violation of the Policy and whether an Informal Resolution or a Formal Complaint are available options to address the report. When meeting with an Impacted Party, OEO will review these options with them. The decision regarding what resolution option is appropriate in response to the report will be made by OEO, at their discretion, based on the available information and with consideration of the wishes of the Impacted Party where possible. OEO may also refer the matter to another office on campus if the alleged conduct implicates another College policy. If, based on the available information, the conduct does not appear to reasonably constitute a violation of the Policy, the matter will typically be closed consistent with the dismissal provision below. OEO will strive to complete the Initial Investigation within 15 business days after receiving the report, depending on the complexity of the matter, witness availability, and other factors. OEO will update the Impacted Party on the status of the initial investigation, and they are always welcome to contact OEO (oeo [at] emerson.edu (oeo[at]emerson[dot]edu); 617-824-8999) at any time for information regarding the status of the matter.

If the Initial Investigation suggests the conduct does not implicate the Policy, but it is still something of concern to the College, OEO has the option to utilize an Informal Resolution to bring the concerns to the attention of the individual that is the subject of the report. In these situations, it will be made clear that no finding of responsibility has been made regarding the report, but that the conduct warrants being brought to that individual's attention. The purpose of the Informal Resolution is to educate the accused individual about the Policy and to provide them with an opportunity to make any changes necessary to avoid violating the Policy in the future.

A. Support Person/Advisor

The College recognizes that going through the Complaint Resolution Process can be stressful for all involved (students, staff and faculty). To help support the Complainant and the Respondent (individually referred to as a “Party”), each is allowed to have one support person or advisor of their choice present at any meeting with OEO under this Process. Witnesses are not allowed a support person/advisor, nor can they act as a support person/advisor within this Process. A support person/advisor can be any person the Party feels comfortable confiding in and need not be affiliated with the College (e.g. a friend, a family member, a person from a support or advocacy agency, legal counsel, etc.). An Impacted Party may also have the option to bring a support person/advisor to meetings, at the discretion of the AVP⁶. Employees subject to a collective-bargaining agreement may have additional rights with respect to the role of the support person/advisor⁷. Within two (2) business days prior to any meeting under this Process, a Party must provide the Associate Vice-President of Equity, Access & Equal Opportunity (AVP) (or their designee) with the identity and contact information (e-mail and telephone) of the support person/advisor who will be accompanying them to that meeting. A support person/advisor will be provided with information regarding the Process and the Privacy/Non-Retaliation Requirements surrounding any meetings they attend or information they may review in this role.

All conversations under this Process will occur only with the Party directly.
A support person/advisor will only provide support to the Party during meetings through their presence.
A support person/advisor does not speak on behalf of the Party or otherwise participate in any meetings in this Process.
OEO will not communicate with a support person/advisor directly and will never communicate without the inclusion of the Party. OEO may reach out to the support person/advisor, copying the Party, to make sure they understand their role in this Process. If at any point a support person/advisor becomes disruptive or is otherwise unable to comport themselves within the limited support person/advisor role, they will be asked to leave the meeting. Only documentation, statements or comments written and submitted by a Party will be accepted. Submissions prepared or written by support person/advisors, including friends, family, advisors or attorneys, will not be considered in the Process.

III. Initiating a Formal Complaint

When a report is received by the Office of Equal Opportunity (OEO) about conduct that may reasonably constitute a violation of the Policy, a Formal Complaint may be initiated in two ways: (1) through a Complainant-Initiated Complaint, or (2) through a College-Initiated Complaint. For a Complainant-Initiated Complaint, the Impacted Party who experienced the alleged conduct can choose to initiate a Formal Complaint and become the Complainant. Before initiating a complaint, an Impacted Party can meet with OEO to learn more about the Complaint Resolution Process, supportive measures and resources and to provide information regarding the alleged conduct. The Formal Complaint is a document that is created by OEO from information provided by the Impacted Party or Complainant. When the Complainant initiates a formal complaint, they will receive written notification from OEO. Once the Formal Complaint has been initiated with OEO, the Complainant can then access either the Informal Resolution Process and/or the Investigative Procedure.

The College can also choose to independently initiate a College-Initiated Complaint. This type of complaint may be initiated in situations where the conduct at issue poses a threat to campus safety, when the conduct is discovered by the College (rather than through a report), when allegations are made against a College employee, when a specific impacted individual cannot be identified, or when, even though the Impacted Party may not want to move forward, the matter is of concern to the College. The Formal Complaint is a document that is created by OEO from information obtained during the Initial Investigation.

When deciding whether to initiate a College-Initiated Formal Complaint, the Associate Vice-President of Equity, Access & Equal Opportunity (AVP) (or their designee) will consider many factors including, but not limited to:

A request by the Impacted Party not to proceed;
The risk that additional violations of Policy may occur if complaint is not initiated;
The severity of the alleged conduct, and what would be necessary to end the conduct and prevent its recurrence;
Whether the conduct creates a hostile environment on campus;
The age and relationship of the Parties, including whether the Respondent is an employee of the College;
The scope of the alleged conduct, including whether there is a pattern of ongoing conduct or the conduct is alleged to have impacted multiple individuals;
The availability of information sufficient to allow the Decision-maker(s) to determine if the Policy was violated.

A. Privacy / Non-Retaliation Requirements

Throughout the Complaint Resolution Process, information will be shared with the Parties and others in the Process that should not be shared with anyone else. The Impacted Party or Complainant, Respondent, any Support Person/Advisor, and all witnesses will also be advised of the prohibition against retaliation. All Parties participating in the Process will be informed that the disclosure of information obtained through the Process and/or retaliation against anyone involved in this Process is prohibited and may result in additional sanctions. While Parties are not restricted in their ability to obtain information in this Process (including by speaking to witnesses), they must also protect the privacy of the other Party and witnesses. Any unauthorized disclosure of information obtained through Process is a violation of this Process and will be addressed through the appropriate conduct process.

B. Notice to the Respondent

After a Complainant-Initiated or College-Initiated Formal Complaint has been started through the Office of Equal Opportunity (OEO), the Respondent (student, staff or faculty) will meet with OEO to receive and review the written Notice of Formal Complaint. In that meeting with OEO, there will be a review of the Notice of Formal Complaint and the process, including the option for an Informal Resolution, the Investigative Procedure, the Formal Complaint Resolution, and the Title IX Grievance Process ⁸ (as applicable). This initial meeting is only to provide the Respondent with the Notice of Formal Complaint and review the process and not to talk about the substance of the Complaint. The Respondent will have the opportunity to share information about the factual allegations in the Notice of Formal Complaint during the Investigative Procedure (discussed below). At this meeting, the Respondent will also be advised about the Privacy/Non-Retaliation requirements (discussed above). If the Respondent is not responsive to outreach from OEO to schedule this meeting, the Investigative Procedure will still start and may move forward without the benefit of the Respondent’s input.

The Notice of Formal Complaint will include the identities of the Parties involved (if known), the specific section(s) of the Policy Against Discrimination, Harassment & Sexual Violence (Policy) alleged to have been violated, a brief description of the alleged conduct, and the date(s) (or approximate dates) and location(s) of the alleged conduct, if known. If additional possible Policy violations are identified at any point during the Investigative Procedure, the Respondent will be notified of those additional allegations in writing through an Amended Notice of Formal Complaint.

Accepting Responsibility: At this point, the Respondent has the option to accept responsibility for the conduct outlined in the Notice of Formal Complaint. Such acceptance of responsibility must be submitted to OEO in writing. If the Respondent accepts responsibility, the Investigative Procedure will close and the acceptance would be considered a finding of responsibility and a waiver of the right to final adjudication of the Complaint through either the Formal Complaint Resolution or the Title IX Grievance Process (as applicable). The Formal Complaint would then be referred for sanctioning in accordance with the appropriate sanctioning process. If the Respondent chooses to accept responsibility, such acceptance cannot be withdrawn.

Presumed Not Responsible: The Respondent is presumed not responsible for the allegations in the Notice of Formal Complaint letter unless and until they either accept responsibility, or a determination has been made by the Decision-maker(s) at the conclusion of the Process. The Investigative Procedure (as discussed below) is meant to gather relevant information about the alleged conduct to assist the Decision-maker(s) in deciding, at the conclusion of the process, whether the Policy was violated by the Respondent.

C. Dismissal of Formal Complaint/Report

The Office of Equal Opportunity (OEO) has the option to dismiss a Formal Complaint (1) when the Respondent cannot be identified; (2) when the Respondent is not affiliated with the College, meaning they are no longer participating or attempting to participate in Emerson’s educational programs or activities and/or are no longer employed by Emerson; (3) when the Complainant voluntarily withdraws any or all of the allegations in the complaint; (4) when the conduct as alleged, even if proven, would not violate the Policy, or (5) for any other reason deemed appropriate by the College. As discussed above, the College also may close a matter after an Initial Investigation under these same provisions.

OEO also has the discretion to dismiss any allegations of Title IX Sexual Harassment or Title IX Sexual Violence at any point in the process if it becomes apparent that the incident occurred before August 14, 2020 or that any of the three jurisdictional requirements under the Title IX Grievance Process ¹² ¹⁵ cannot be met. If the conduct does not meet the jurisdictional requirements under the Title IX, the allegations of Title IX Sexual Harassment/Title IX Sexual Violence will be dismissed and both Parties will be notified of that dismissal in writing. The AVP may dismiss the allegations of Title IX Sexual Harassment/Title IX Sexual Violence at any time in the Process if it becomes clear that they will not meet the jurisdictional requirements under Title IX¹⁶. The AVP will then review the Formal Complaint to determine if the allegations fall under the definitions of Sex-Based Harassment (Non-Title IX) or Sexual Violence under the Policy Against Discrimination, Harassment & Sexual Violence (Policy), and therefore could be addressed through the Formal Complaint Resolution below.

If OEO dismisses the Formal Complaint, the Complainant and Respondent will be promptly notified in writing of the basis for the dismissal. If a matter is dismissed during an Initial Investigation or from a College-Initiated Complaint, OEO has the option to notify the Impacted Party, at their discretion. The Complainant and Respondent may both appeal the dismissal of the Formal Complaint. Any appeal of the dismissal of the complaint must be submitted, in writing, to OEO (oeo [at] emerson.edu (oeo[at]emerson[dot]edu)) within five (5) business days after the dismissal date.

IV. Investigative Procedure

Once a Formal Complaint has been initiated, the Associate Vice-President of Equity, Access & Equal Opportunity (AVP) (or their designee), will assign one (or more) Investigator(s) who will be responsible for gathering information regarding the allegations raised in the Notice of Formal Complaint. The assigned Investigator may be an employee of the College or someone from outside the College, at the discretion of the AVP. The AVP will assign an Investigator who does not have a conflict of interest or bias for or against complainants or respondents generally, who has no conflict or bias against any of the Parties to the Formal Complaint, and who has been trained on how to serve impartially. The assigned Investigator will have annual training and experience on issues of relevance, discrimination, harassment, and sexual violence (sexual assault, relationship violence, stalking, sexual exploitation), any laws or regulations that are applicable to this Process, and how to create an Investigative Report that fairly summarizes the relevant information in the pending matter. Emerson reserves the right to assign more than one Investigator or a note taker in addition to the Investigator to a matter as deemed necessary by the AVP, at their discretion. In all cases, the Investigator will conduct a prompt, equitable, fair, thorough and impartial investigation into the allegations raised, under the supervision of the AVP.

The Complaint Resolution Process is not an adversarial process, meaning that throughout the Investigative Procedure, the Respondent is not presumed to be responsible and neither Party has the burden to prove or disprove the underlying allegations. Instead, it is the Investigator’s role to gather relevant information about the alleged conduct (as discussed below) to assist the Decision-maker(s) in making a determination as to whether the Policy was violated at the conclusion of the Formal Resolution Process or Title IX Grievance Process ⁹, as applicable.

A. Timing

Through this Investigative Procedure, the College strives to provide a process that is prompt, equitable, fair, thorough, trauma-informed, and impartial towards all Parties and witnesses involved (student, staff and faculty). During the academic year, the goal is to complete the Investigative Procedure within a reasonable prompt timeframe after the initiation of the Formal Complaint through the Office of Equal Opportunity (OEO) (and not from the time of when the matter was first reported). Depending on the complexity of the investigation, witness availability, and other factors, more or less time may be required to complete the process. The Parties will be kept informed, in writing, at reasonable intervals throughout the progress of the Investigative Procedure, and at minimum every 30 days¹⁰. Parties are always welcome to contact OEO (oeo [at] emerson.edu (oeo[at]emerson[dot]edu); 617-824-8999) at any time for information regarding the status of the complaint. It should be noted that while complaints will be processed to the best of the College’s ability during break periods, including the summer and holidays, the availability of witnesses, Parties and/or College officials during these times can often require additional time for the completion of the Investigative Procedure. If a student Respondent is scheduled to graduate prior to the resolution of a Formal Complaint, a hold may be placed on their graduation and/or official transcripts until the complaint is fully resolved (including any appeal). Please see below for information regarding transcript notations.

B. Cooperation

In order for the Investigation to be conducted in a timely manner, it is important that Parties and witnesses make themselves reasonably available to the Investigator, including over holidays and breaks. The Complainant, Respondent and witnesses should know that they are expected to cooperate with the Investigator throughout the Investigative Procedure. The Complainant, Respondent and witnesses are prohibited from knowingly making false statements and/or knowingly submitting false information to the Investigator¹¹. Knowingly providing false information at any point in the Process may result in a separate disciplinary action.

If the Complainant or Respondent chose not to meet with OEO or the Investigator, they should understand that the Process will continue without the benefit of their input. The Formal Complaint may still be adjudicated through the Process without the benefit of input from a non-cooperative Party. The Investigator will reach out to the Party to schedule these meetings. If a Party does not respond to the Investigator within ten (10) calendar days after that initial contact or fails to make themselves reasonably available to meet with the Investigator, the Party’s opportunity to participate in the Investigation may be waived, as determined by the Associate Vice-President of Equity, Access & Equal Opportunity (AVP) (or their designee) at their discretion. The Parties should understand that the College may not be able to compel non-employee witnesses or Parties to participate in this Process.

C. Accommodations

A Party or witness (student or employee) who has a disability that may require an accommodation in the Complaint Resolution Process should work with the appropriate office to determine what reasonable accommodations may be available. Students should work with Student Accessibility Services (SAS) (sas [at] emerson.edu (sas[at]emerson[dot]edu); 617-824-8592) to request an accommodation for the Process. Please note that any accommodations for the Complaint Resolution Process must be determined separately from any existing academic or housing disability accommodations. Employees (staff and faculty) should work with Human Resources (HR) (hr [at] emerson.edu (hr[at]emerson[dot]edu); 617-824-8580). All approved disability accommodations must be communicated to OEO (oeo [at] emerson.edu (oeo[at]emerson[dot]edu); 617-824-8999) in writing at least two (2) business days in advance of any meetings or hearings where the accommodations will be needed. Only accommodations approved by SAS or HR will be implemented during the Process.

D. Providing Information

In the Investigative Procedure, both the Complainant and Respondent have an equal opportunity to present documents, suggest witnesses, and submit all information (inculpatory and exculpatory) they believe is relevant to the resolution of the pending matter. The Parties should understand that it is best to provide the Investigator with all the relevant information as early in the Investigation as possible. While the Parties are encouraged to share any information they believe is relevant, it is the responsibility of the Investigator to gather all relevant and available information. The scope of the Investigation will not be limited to information provided by the Complainant or Respondent or to the allegations in the Notice of Formal Complaint. If additional possible Policy violations are identified at any point during the Investigative Procedure, the Respondent will be notified of those allegations in writing through an Amended Notice of Formal Complaint.

The Parties must provide the Investigator with all information relevant to the Formal Complaint that is known and available to them during the Investigative Procedure. When relevant information was known and available to a Party but was shared after the conclusion of the Investigative Procedure, the Associate Vice-President of Equity, Access & Equal Opportunity (AVP) (or their designee) has the discretion to exclude such information from the Process.

E. Scope of Investigation

The Investigator is responsible for objectively reviewing and evaluating all relevant (and not otherwise impermissible) information submitted and found during the Investigative Procedure, including inculpatory and exculpatory information. The Investigator will determine, at their discretion, what information is relevant for inclusion in the Investigative Report to assist the Decision-maker(s) in deciding, at the conclusion of the process, whether the Policy was violated. The burden of proof in any process always remains with the College. The Investigator will consult with the AVP as needed throughout the Investigative Procedure.

During the Investigative Procedure, the Investigator may utilize some or all of the following information or procedures, at their discretion, and in whatever order the Investigator deems most appropriate.

Documents: The Investigator will review any statements provided by the Complainant/ Respondent, as well as any relevant documents identified by the Parties or witnesses. Relevant documents may include, but are not limited to, both paper and digital items, such as text messages, journal entries, emails and social media communications. If a Party is not in possession of the documents they have identified, they should identify who may have those materials. It will be the responsibility of the Investigator to try, to the best of their ability, to gather the identified information outside the possession of the Parties. As determined by the Investigator, any documents or information relevant to the Formal Complaint and that will be used in the Investigative Report will be disclosed to both the Complainant and Respondent for comment or rebuttal during the course of the Investigation. All relevant documents obtained through the course of the Investigation, regardless of whether they will be included in the Investigative Report, will be shared with the Parties for review and comment during the Investigative Report Review.
Complainant/Respondent Interviews: The Investigator will interview the Complainant and Respondent separately. This meeting is an opportunity for each Party to discuss their recollection of the event(s) in question, supplement any statements previously submitted, voice any concerns, and work with the Investigator to determine what additional information may be helpful to the Investigation. Each Party will receive written notice (usually via email) of the request for an interview. The Investigator may interview the Complainant and Respondent more than once, as necessary, at the discretion of the Investigator. During their interview, the Complainant/Respondent will have the opportunity to learn about the information gathered in the Investigation to date and the Investigator will provide them with an opportunity to comment or respond to that information. As discussed above, the Parties are expected to cooperate and meet with the Investigator in a timely manner. The Parties should also understand that, even if they choose not to participate, the Process will still move forward without the benefit of their input (as discussed above).
Questions by Party: The Parties will have the option to submit questions for the other Party or witnesses. These questions must be submitted in writing to the Investigator who will determine whether each question is permissible and relevant to the pending Investigation. Questions that are repetitive of information already asked in the Investigative Procedure, or that can be considered abusive or badgering, as determined by the Investigator at their discretion, are not relevant. Each Party should understand that the Investigator may not be able to compel non-employee witnesses or the other Party to participate in an interview.
Witnesses: The Investigator will attempt to interview relevant witnesses identified by the Complainant and/or Respondent. Please note that character witnesses are not considered relevant to the Process. The Complainant and Respondent will both have an equal opportunity to identify witnesses for the Investigator and can tell a person they have identified them as a witness and that they may be contacted by the Investigator. Witnesses should not be intimidated, threatened, or improperly influenced in any way by either the Complainant or Respondent or through others (e.g. friends, family members, attorneys, etc.). Any attempt to threaten, intimidate or otherwise improperly influence the testimony of a witness may result in a separate disciplinary action by the College. The Investigator may also interview any other person(s) they believe may have information relevant to this matter, at their discretion. The Investigator will employ best efforts to interview relevant witnesses who are no longer on campus or participating in an Emerson program, attempting to meet with them by phone or internet (i.e. Zoom). Witnesses will review the Privacy/Non-Retaliation Requirements, acknowledging that they have been advised about the prohibition against retaliation and that the unauthorized disclosure of information from this Process is prohibited. The Parties should understand that the Investigator may not be able to compel non-employee witnesses to participate in an interview.
Expert Witnesses: The Investigator reserves the right, at their discretion, to consult with any experts which they deem necessary to the determination of the facts at issue in the Formal Complaint. An expert witness may be consulted to review or provide a professional opinion regarding information discovered in the Investigation including, but not limited to, evidence collection kits and toxicology reports. If a Party wants to offer (and pay for) an expert witness they believe is relevant, the Investigator has the option to interview that expert witness if they deem them to be relevant to the resolution of the Formal Complaint, at their discretion.

F. Impermissible Information

The following information will not be considered in this Process except under the circumstances noted below.

Confidential Information – Information that is protected under a privilege recognized by law or provided to a confidential person, including information shared with a medical professional in connection with the provision of treatment, is presumed impermissible unless the individual who owns the privilege voluntarily chooses to waive confidentiality in writing.

Sexual History - Generally, the past sexual history (including sexual interests or prior sexual conduct) of the Complainant or Respondent will not be considered in the Investigative Procedure. However, there are limited circumstances in which such information might be considered relevant in the Complaint Resolution Process. Those situations include:

When the prior/subsequent sexual history of the Complainant with anyone other than the Respondent is directly relevant to show the injuries alleged to have been inflicted by the Respondent were inflicted by another individual.
When the existence of a dating relationship or prior/subsequent consensual sexual relations between the Complainant and the Respondent are relevant to how the Parties communicated consent in prior/subsequent consensual sexual relations.
If information under this section will be considered in the Process, the Investigator (or designee) shall provide a written explanation to the Parties as to why consideration of the information is being allowed. The Investigator will consult with the AVP as needed in determining whether to include this information.

G. Recording Interviews

All interviews conducted in the Investigative Procedure will be recorded and transcribed by OEO. Only the Investigator may record interviews, and the Party or witness will be notified when the recording is happening. Any audio or video recording of any meeting with OEO by any Party, witness or Support Person/Advisor is expressly prohibited at all times during the Complaint Resolution Process and could result in a separate disciplinary action. If a recording is transcribed, the original recording of the interview will be destroyed at the conclusion of the Process, but the transcript of that interview will be maintained in compliance with the Maintenance of Records section of this Policy (as discussed below).

H. Investigative Report

Once the Investigation has been completed, the Investigator will prepare an Investigative Report summarizing the relevant information obtained through the Investigative Procedure. The Investigator may make credibility determinations in the Investigative Report¹³, but they will not be based on a person’s status as a Complainant, Respondent, or witness. The Investigator will also identify any undisputed facts from the Investigative Procedure. The Investigator will consult with the Associate Vice-President of Equity, Access & Equal Opportunity (AVP) in preparing the Investigative Report. The AVP may also review and comment on the draft report before it is finalized.

Draft Investigative Report : The draft Investigative Report will be shared with the Complainant and Respondent for comment and review before the Report is finalized. The Parties will also be given access to any exhibits to the draft Investigative Report and to the interview transcripts (if any) from the Investigation. The Parties will also be given access to all relevant information gathered through the Investigative Procedure regardless of whether it was included in the draft Investigative Report (“gathered information”). Any sharing of documents will be done electronically, in view-only mode, barring exceptional circumstances, as determined by the AVP. At the written request of a Party, the draft Investigative Report and gathered information may also be shared with their support person/advisor. The draft Investigative Report, exhibits, gathered information, and any interview transcripts should not be shared, copied, downloaded, photographed, or circulated in any manner by the Parties and/or their Support Person/Advisor. The draft Investigative Report and the other referenced materials may be shared with an Impacted Party in College-Initiated Formal Complaint, at the discretion of the AVP.

The Complainant and Respondent will each be given a review period of 10 (ten) business days to review the draft Investigative Report and materials. The Parties will have the option (but are not required) to provide written comments to the draft Investigative Report within that time period. Any comments must be written by the Parties. Submissions written by third parties, such as friends, family, advisors or attorneys will not be considered. The Parties should note that this review period is not an appropriate time for the submission of new, substantive information that was known but not previously shared during the Investigative Procedure (see Providing Information above). An Impacted Party in College-Initiated Formal Complaint may also be given an opportunity to submit comments, at the discretion of the AVP. If comments are submitted by the Parties, the Investigator may address those comments as they deem appropriate, at their discretion. The Investigator may include or address comments in the Final Investigative Report, may create an addendum to the report to address any comments, may attach the comments as an exhibit to the Report, or otherwise address the comments at their discretion.

Final Investigative Report: Once the Final Investigative Report has been created, the Complainant and Respondent will each be given access to review the Report, as well as any exhibits and interview transcripts from the Investigative Procedure. The Parties will be given electronic view-only access to these materials for ten (10) business days. The Investigative Report, exhibits, gathered information, and interview transcripts should not be shared, copied, downloaded, photographed, or circulated in any manner by the Parties or their Support Person/Advisor. Once the Final Investigative Report has been completed and shared with the Parties, the Investigative Procedure will be closed.

The Final Investigative Report will contain the names of the Decision-Maker(s). The Decision-Maker(s) will be chosen at the sole discretion of the AVP. If either the Complainant or Respondent believes there is a possible conflict of interest with any Decision-Maker(s), it must be communicated to the AVP immediately, and no later than three (3) business days after notice of the names of the Decision-Maker(s). The AVP then has the discretion to assign a different individual to be a Decision-Maker. Once the Final Investigative Report has been submitted to the Decision-Maker(s) for consideration, there will be no further opportunity to raise potential conflicts of interest with any Decision-Maker.

V. Process Determination

At the conclusion of the Investigative Procedure, the Associate Vice-President of Equity, Access & Equal Opportunity (AVP) (or their designee) will decide on the process for the final adjudication of the Formal Complaint. For allegations of Title IX Sexual Harassment/Title IX Sexual Violence that also meet the jurisdictional requirements under Title IX, the matter will be adjudicated through the Title IX Grievance Process ¹⁴. If the conduct does not meet the jurisdictional requirements under the Title IX, the allegations of Title IX Sexual Harassment/Title IX Sexual Violence will be dismissed and both Parties will be notified of that dismissal in writing. The AVP will then review the Formal Complaint to determine if the allegations fall under the definitions of Sex-Based Harassment (Non-Title IX) or Sexual Violence under the Policy Against Discrimination, Harassment & Sexual Violence (Policy), and therefore could be addressed through the Formal Complaint Resolution below.

All other matters under the Policy (outside of Title IX Sexual Harassment/Title IX Sexual Violence), will proceed either under an Informal Resolution, the Student Formal Resolution Process, or the Employee Formal Resolution Process, as appropriate, as determined by the AVP. Both the student and employee Formal Resolution Processes involve a review of the Final Investigative Report and exhibits by the Decision-maker(s) who will determine if the Respondent violated the Policy based on the conduct alleged in the Notice of Formal Complaint (as amended). In situations where the Respondent is both a student and an employee of the College, the AVP (or their designee), at their discretion, will decide which process will govern based on the role the Respondent was serving in at the time of the alleged incident.

VI. Formal Complaint Resolution

A. Informal Resolution

An Informal Resolution may be used after an Initial Investigation (as discussed above). An Informal Resolution may also be used after a Formal Complaint has been initiated, if the Complainant and Respondent both agree to participate. Participating in an Informal Resolution is voluntary and only considered at the request of the Parties. An Informal Resolution can be used at any point prior to, instead of, or during, the Investigative Procedure. Informal methods of resolution will be facilitated by the AVP (or their designee) and will not involve face-to-face communication between the Parties, unless both Parties request and agree to some type of in-person resolution. Resolution options may include, but are not limited to, negotiated outcomes, mediation (directly or through others), shuttle diplomacy, restorative justice, facilitated conversations, counseling, training, projects/papers, educational conversations, and/or voluntary leaves of absence. Any Informal Resolution facilitated by the AVP (or their designee) must adequately address the concerns of the Complainant and Respondent, as well as the overall interest of the College in stopping, remedying, and preventing further Policy violations. The AVP will make a determination regarding whether an Informal Resolution will be available in a pending matter based on a review and assessment of the allegations, the available information, and the interests of the Parties. An Informal Resolution may not be available for matters where an employee (faculty or staff) allegedly engaged in certain forms of Title IX Sexual Harassment against a student. Mediation may not be an available form of Informal Resolution for issues of Sexual Violence, as determined by the AVP (or their designee).

The Office of Equal Opportunity (OEO) (or their designee) will attempt to facilitate a resolution that is agreeable to the Impacted Party or Complainant, the Respondent, and the College. In a College-Initiated Formal Complaint, the AVP has the option to consult with the Impacted Party as deemed appropriate and at their discretion. The College also has the discretion to terminate the consideration of an Informal Resolution and continue with the Investigative Procedure or Formal Complaint Resolution as deemed appropriate by the AVP.

If the Parties reach an agreement about an Informal Resolution after a Notice of Formal Complaint has been issued, a written Informal Resolution Agreement between the Parties will be created by OEO (or their designee). Both the Complainant and Respondent will have the opportunity to review a written draft of the Informal Resolution Agreement before it is finalized. When an Informal Resolution Agreement is reached, the Parties will acknowledge that the Agreement is the final resolution of the pending matter, that the Formal Complaint will be dismissed, and that the pending matter will be considered closed. The Complaint Resolution Process may not subsequently be initiated with respect to any of the allegations in the Formal Complaint that are the subject of the Informal Resolution Agreement. If the Informal Resolution Agreement is violated or the terms are not followed/completed by one of the Parties, that violation will be addressed for students as a conduct matter through the Office of Community Standards and for employees by Human Resources (or their designee), as appropriate.

B. Student Formal Resolution

In Formal Complaints where the Respondent is a student, the Student Formal Resolution process will be used. Once the Investigative Procedure has closed, the AVP will submit the Investigative Report and exhibits to the Decision-Maker(s) who has been trained on the Process and the resolution of issues of discrimination, harassment and sexual violence. The AVP will select a Decision-Maker(s) that does not have a conflict of interest or bias for or against complainants or respondents generally, and who has no conflict or bias against any of the Parties to the Formal Complaint. The Decision-Maker(s) will be chosen at the sole discretion of the AVP and may consist of one to three members. The Decision-Maker(s) may consist of College employees (staff or faculty) or may be someone from outside of the College. The name(s) of the Decision-Maker(s) will have been communicated to the Complainant and Respondent in the Final Investigative Report. If either the Complainant or Respondent believes there is a possible conflict of interest with any Decision-Maker(s), it must be communicated to the AVP immediately, and no later than three (3) business days after notice of the names of the Decision-Maker(s). The AVP then has the discretion to assign a different individual to be a Decision-Maker. Once the Final Investigative Report has been submitted to the Decision-Maker(s) for consideration, there will be no further opportunity to raise potential conflicts of interest with any Decision-Maker.

The AVP will consult with the Decision-Maker(s) on questions about the Policy Against Discrimination, Harassment & Sexual Violence (Policy), the Complaint Resolution Process and/or Formal Complaint Resolution as they consider the Investigative Report and exhibits. The Decision-Maker(s) can submit questions to the AVP that they may have of any Party or witness, as they deem necessary. The AVP will facilitate answering the Decision-Maker(s) questions through existing interview transcripts, as applicable, and will inform the Decision-Maker(s) if there is no information from the Investigative Procedure that is responsive to their question. The Decision-Maker(s) will not be given access to the interview transcripts, except that excerpts may be shared as needed to answer any questions they submit to the AVP¹⁷. The Parties will be given view-only access to any transcript interview excerpts that are shared with the Decision-Maker(s) for a limited period, as decided by the AVP.

The Decision-Maker(s) will review the Final Investigative Report and exhibits to determine whether the Respondent is responsible for violating the Policy. The decision of the Decision-Maker(s) will be made based on the preponderance of the evidence standard -- that is, whether the facts presented in the Final Investigative Report support a finding that it is more likely than not that the Policy was violated. The Decision-Maker(s) will base the findings solely on the information presented in the Final Investigative Report and exhibits, as well as any interview transcript excerpts shared in response to any questions they may have submitted. The finding of the Decision-Maker(s) will be made by a majority, when applicable. While the Decision-Maker(s) is solely responsible for making the finding, the AVP will assist the Decision-Maker(s) in drafting the language of their outcome. The written findings by the Decision-Maker(s) will outline any factual determinations made and the rationale used to reach the finding(s). Once the Decision-Maker(s) has finalized their written findings, they will refer the finding to the AVP. The AVP will then refer the findings to the Office of Community Standards who will issue the Notice of Outcome in the pending matter.

If the Respondent is found Not Responsible for violating the Policy, the Complainant and Respondent will both be notified in writing of the Notice of Outcome, which includes the findings from the Decision-Maker(s), the option to appeal, and an explanation of when that outcome becomes final. The Notice of Outcome will be issued to the Parties within seven (7) business days after the findings have been made by the Decision-Maker(s). In the case of a College-Initiated Complaint, an Impacted Party may receive some information about the outcome, at the discretion of the AVP.

If the Respondent is found Responsible for a violation of the Policy, the Office of Community Standards will assign the appropriate sanctions or other outcomes based on the findings of the Decision-Maker(s), in consultation with other offices as appropriate and at their discretion. The determination regarding sanctions will include a consideration of the Respondent’s disciplinary history with the College, if any, as outlined in the Code of Community Standards. Sanctions for a Responsible finding may include, but are not limited to, loss of privileges, formal warning, disciplinary probation, educational sanctions, suspension, removal from the College and any other sanction noted in the Code of Community Standards. Both the Complainant and Respondent will be notified in writing of the Notice of Outcome, including the findings from the Decision-Maker(s), the option to appeal, and an explanation of when that outcome becomes final. The Notice of Outcome letter shared with the Respondent will include any assigned sanctions. The Notice of Outcome will be issued to the Parties within seven (7) business days of the assignment of the sanction. Due to privacy consideration, the Complainant may not be notified of the assigned sanctions, unless they relate to the Complainant (such as a No Contact Order as the sanction). In the case of a College-Initiated Formal Complaint, an Impacted Party may receive some information about the outcome, at the discretion of the AVP. Upon written request, the AVP may again give the Parties access to the Investigative Report and exhibits and/or the interview transcripts after the Notice of Outcome has been issued, at the AVP’s discretion.

C. Employee Formal Resolution

In Formal Complaints where the Respondent is an employee (staff or faculty), the Employee Formal Resolution process will be used. Once the Investigative Procedure has closed, the AVP will submit the Final Investigative Report and any exhibits to the Decision-Maker(s). The Decision-Maker(s) will consist of one to three individuals, which may include the Respondent’s supervisor and/or the Provost (or their designee), and/or a representative from Human Resources. The Decision-Maker(s) will receive training on the process and the resolution of issues of discrimination, harassment and sexual violence. The names of the Decision-Maker(s) will be communicated to the Complainant and Respondent in the Final Investigative Report. If either the Complainant or Respondent believes there is a possible conflict of interest with the Decision-Maker(s), it must be communicated to the AVP immediately, and no later than three (3) business days after notice of the names of the Decision-Maker(s). The AVP then has the discretion to assign a different member to the Appeals Panel. Once the Final Investigative Report has been submitted to the Decision-Maker(s) for consideration, there will be no further opportunity to raise potential conflicts of interest with the Decision-Maker(s).

The AVP will consult with the Decision-Maker(s) on questions about the Policy, the Complaint Resolution Process and/or the Formal Complaint Resolution as they consider the Final Investigative Report and exhibits. The Decision-Maker(s) will review the Final Investigative Report and exhibits to determine whether the Respondent is responsible for violating the Policy. The Decision-Maker(s) can also submit questions to the AVP that they may have regarding any Party or witness, as they deem necessary. The AVP will facilitate answering the Decision-Maker(s) questions through existing interview transcripts, as applicable, and will inform the Decision-Maker(s) if there is no information from the Investigative Procedure that is responsive to their question. The Decision-Maker(s) will not be given access to the interview transcripts, except that excerpts may be shared as needed to answer any questions they submit to the AVP¹⁸. The Parties will be given view-only access to any interview transcript excerpts that are shared with the Decision-Maker(s) for a limited period of time, as decided by the AVP.

The decision of the Decision-Maker(s) will be made based on the preponderance of the evidence standard -- that is, whether the facts presented in the Final Investigative Report support a finding that it is more likely than not that the Policy was violated. The Decision-Maker(s) will base their findings solely on the information presented in the Final Investigative Report and exhibits, as well as the answers to any questions they may have submitted. While the Decision-Maker(s) is solely responsible for making the finding, the AVP will assist the Decision-Maker(s) in drafting their written findings. The written findings by the Decision-Maker(s) will outline any factual determinations made and the rationale used to reach the finding(s).

If the Respondent is found Not Responsible for violating the Policy, the Respondent will be notified by the Decision-Maker(s) in writing of their findings, the option to appeal and an explanation of when that outcome becomes final. The written Notice of Outcome will be issued to the Respondent within seven (7) business days after the finding has been made. If there is a Complainant, they may also be notified by Human Resources or the AVP of the findings, the option to appeal, and an explanation of when the outcome becomes final, at the AVP’s discretion. In the case of a College-Initiated Complaint, an Impacted Party may receive some information about the outcome at the discretion of the AVP.

If the Respondent is found Responsible for a violation of the Policy, the Decision-Maker(s) will also decide the appropriate sanctions or remedies based on that finding. The determination regarding sanctions will include consideration of the Respondent’s disciplinary history with the College. Sanctions for a Responsible finding may include, but are not limited to, warnings (verbal or written), censures, training or other educational responses, final warnings, reassignment, demotions, suspensions, and termination. The Respondent will be notified by the Decision-Maker(s), in writing, of the Notice of Outcome, which includes their findings, the assigned sanction, the option to appeal, and an explanation of when that outcome becomes final. Upon written request, after the Notice of Outcome has been issued, the AVP may again give the Respondent access to the Investigative Report and exhibits and/or the interview transcripts, at the AVP’s discretion. If there is a Complainant, they may also be notified by Human Resources or the AVP of the findings, the option to appeal, and an explanation of when the outcome becomes final, at the AVP’s discretion. Due to privacy considerations, the Complainant will not be notified of the assigned sanctions unless they relate to the Complainant (such as a No Contact Order as the sanction). In the case of a College-Initiated Formal Complaint, an Impacted Party may receive some information about the outcome at the AVP’s discretion.

For employees (faculty and staff), the College reserves the right to issue disciplinary action with respect to conduct that it deems inappropriate regardless of whether it rises to the level of a violation of the Policy or the law.

VII. Appeals

Both the Complainant and Respondent (student, staff or faculty) are entitled to one appeal of the outcome to the Formal Complaint. The filing of an appeal will not stay imposition of any assigned sanction. If the Complainant or Respondent did not participate in the Investigative Procedure, as determined by the Office of Equal Opportunity (OEO), that Party will not have a right to appeal the final outcome. An Impacted Party in an College-Initiated Complaint does not have appeal rights under this process¹⁹. An appeal must be submitted in writing to OEO (oeo [at] emerson.edu (oeo[at]emerson[dot]edu)) within five (5) business days of the receipt of the written outcome. The individual who files an appeal is known as the Appellant. The Appellant must submit an Appeal Form with their appeal which is available from OEO. If an appeal is not received within five (5) business days, the outcome will be considered final, and the Complaint Resolution Process will be closed.

An appeal can only be submitted by the Complainant or Respondent in writing. Appeals submitted by third parties (e.g. friends, family, attorneys) will not be considered.

There are only three grounds on which an appeal can be filed – procedural irregularity, new information, or conflict of interest/bias. The appeal is not a new fact-finding process. Although a Complainant/Respondent may disagree with the finding or the sanction, that alone is not a basis for appeal. The written appeal must specifically state under which of the three grounds the appeal is being filed and how the requirements for that basis (noted below) are met Appeals that do not comply with these requirements, including failing to state proper grounds for appeal or being untimely, will not be considered, as determined by the AVP (or their designee) at their discretion. If an appeal will not be considered, and the five (5) business days to appeal have passed, the outcome is considered final, and the Complaint Resolution Process will be closed.

If the appeal is to be heard, the non-appealing Party will be given a copy of the relevant portions of the appeal and will have an opportunity to respond to the assertions made by the Appellant, in writing, within five (5) business days after receipt. The non-appealing Party may also request, in writing, access again to the Investigative Report, exhibits, and/or interview transcripts for purposes of responding to the appeal. Submissions after the five (5) business day period will not be considered, as determined by the AVP (or their designee).

The three grounds for appeal are:

Procedural Error: The appellant alleges that (i) the procedural requirements of the Complaint Resolution Process were not followed and (ii) the deviation from the process had an adverse impact on the outcome of the Formal Complaint against the Appellant.
New Information: The Appellant alleges that, subsequent to the issuing of the Investigative Report, new information about the alleged conduct has become available which could have changed the outcome of the Formal Complaint. The Appellant must: (i) present the new information; (ii) show why it was unavailable prior to completion of the Investigative Report; and (iii) show how the new information could have altered the outcome of the complaint. If new information is presented, the Appeal Panel has the option to ask the Investigator to reopen the Investigation regarding that information.
Conflict of Interest/Bias: The Appellant alleges that the AVP, the Investigator, or the Decision-Maker(s) had a conflict of interest or bias for or against complainants or respondents generally or against the specific Parties to the Formal Complaint, that could have changed the outcome of the Formal Complaint. The Appellant must (i) specifically identify who is alleged to have the conflict of interest or bias; (ii) present specific information regarding the nature of the conflict of interest or bias for each individual identified; and (iii) show how the conflict of interest or bias could have changed the outcome of the Formal Complaint against the Appellant.

Appeals that are timely and state proper grounds for appeal, as determined by the AVP (or their designee), will be decided by an Appeals Panel of one to three employees (staff or faculty) or someone from outside the College, who have been trained regarding the process, the resolution of issues of discrimination, harassment and sexual violence and how to decide appeals. The Appeals Panel will include different individuals from those who served as the Decision-Maker(s). The Appeals Panel will be chosen at the sole discretion of the AVP (or their designee), who will communicate the name(s) to the Appellant and the non-appealing Party (as applicable). If either Party believes there is a possible conflict of interest with the Appeal Panel, they must communicate that to the AVP immediately, and no later than three (3) business days after notice of the name(s) of the Appeal Panel. The AVP then has the discretion to assign a different member to the Appeals Panel. Once the appeal has been submitted to the Appeals Panel for consideration, there will be no further opportunity to raise potential conflicts of interest.

In reviewing an appeal, the Appeals Panel will be given the Investigative Report and exhibits, and any interview transcripts or excerpts shared with the Decision-Maker(s), the written outcome, the appeal submission and any response, and the results of any additional investigation requested, as applicable. The Appeals Panel will make its finding based on its review of these documents. The AVP will consult with the Appeals Panel on questions about the Policy Against Discrimination, Harassment & Sexual Violence, the Complaint Resolution Process, and/or the Appeal process as they consider the appeal. The Appeals Panel may also submit questions to or request information from the Investigator or the Parties if needed to make their determination on the appeal.

The Appeals Panel has the option to Dismiss the appeal by finding that the requirements for the appeal grounds chosen have not been met. The Appeals Panel also has the option to Grant the appeal when it finds the requirements of the appeal grounds have been met.

If the Appeals Panel grants the appeal for a matter involving a student Respondent, the matter will be referred to the Office of Community Standards who will decide whether to uphold or modify the final outcome of the complaint based on the findings of the Appeals Panel, and in consultation with the original Decision-Maker(s), as appropriate. The AVP may consult with the Office of Community Standards and the original Decision-Maker(s) as necessary throughout the appeal process. The Office of Community Standards will then issue a Notice of Outcome of Appeal with the Appeals Panel’s finding and the decision on whether to uphold or modify the outcome. If the Appeals Panel dismisses the appeal for a student Appellant, the Office of Community Standards will issue a Notice of Outcome of Appeal with the Appeals Panel’s finding.

If the Appeals Panel grants the appeal for a matter involving an employee Respondent, the matter will be referred to the Chief Human Resources Officer (or their designee) and/or the Provost (or their designee) who will decide whether to uphold or modify the final outcome of the complaint based on the findings of the Appeals Panel, and in consultation with the Decision-Maker(s), as appropriate. If the Appeals Panel dismisses the appeal for an employee Appellant, the Chief Human Resources Officer and/or the Provost will issue a Notice of Outcome of Appeal with the Appeals Panel’s finding. The Parties will be notified in writing of the Notice of Outcome of Appeal. Certain employees (faculty and staff) may have additional appeal rights outside the Complaint Resolution Process.

VIII. Other Considerations

A. Amnesty/Help Seeking Policy

The College recognizes that a community member may be concerned about reporting discrimination, harassment or sexual violence, believing that other behavior they were engaged in at the time could subject them to disciplinary action. While the College does not condone any type of policy violation, when incidents of discrimination, harassment or sexual violence are reported, witnesses and Parties should be assured that the focus is on the reported behavior and safety, not on other minor infractions. In these situations, to the extent allowed by applicable laws and College policy, the College may seek to make the allegations of discrimination, harassment or sexual violence the focus of any investigation or disciplinary action. The decision regarding how to address other possible policy violations will be made by the Office of Equal Opportunity (OEO), in consultation with the Office of Community Standards, Human Resources, and/or the Provost (or their designee), as applicable. Please see the Seeking Help Policy for additional information.

B. Right to Investigate and Decide Other Conduct Violations

OEO has the discretion to pursue information regarding any other alleged violations of College Policy that may be identified through the Complaint Resolution Process. The Investigator will not be restricted to only investigating the violations alleged in the Formal Complaint, if other conduct violations are discovered in the course of the Investigative Procedure. When additional conduct concerns have been identified, OEO will consult with the Office of Community Standards, Human Resources, or the Provost (or their designee), as applicable, to decide if and how such allegations will be addressed. OEO has the discretion to address the additional conduct that may violate another College policy with any pending Formal Complaint. If this conduct will be addressed through the Complaint Resolution Process, the Parties will be notified through an Amended Notice of Formal Complaint. If the alleged conduct may violate another College policy, that conduct may also be referred to another process for resolution.

C. Criminal Conduct

Some of the behaviors addressed by the Policy Against Discrimination, Harassment & Sexual Violence (Policy) may also constitute violations of criminal law. The College will conduct its own investigation and adjudication of conduct alleged in the Complaint Resolution Process, regardless of whether the alleged conduct is also being pursued through the civil or criminal justice system. The College will comply with any law enforcement requests for cooperation regarding its Investigative Procedure and Formal Resolution. At times, that cooperation may require the College to temporarily suspend the Process while law enforcement gathers information. The College reserves the right to restrict a community member’s access to the campus if criminal charges are filed against that individual.

D. Family Notification/Communication

The College views community members of legal age as adults. As such, parent(s), guardian(s) and/or spouse(s) will not typically be notified when a Formal Complaint is filed against or by a student or employee under the Process. Students and employees are encouraged to inform their family if they are involved in a Formal Complaint if that is a source of support. All communication regarding the Process will only be directed to the student or employee involved and not to third parties, including family members, support persons/advisors, or attorneys. Parent(s), guardian(s) and/or spouse(s) of students or employees with questions about a pending complaint should understand any exceptions to these communication guidelines will only be made by the College in compliance with the Family Educational Rights and Privacy Act (FERPA) and applicable employee privacy rules.

E. Transcript Notations

It is the College’s Policy to make notations on a student’s transcript when certain sanctions are issued as part of any student conduct process.²⁰ This transcript notation will not describe the violation or incident that resulted in the sanction, just that the sanction was issued. If a student leaves Emerson or withdraws from the College with a Formal Complaint pending under this Complaint Resolution Process, the College will note the following on the student’s transcript:

“Voluntarily withdrew dd/mm/yy, with College disciplinary charges pending. This notation does not constitute a finding or admission of responsibility.”

This notation will remain on the student’s transcript until the pending Formal Complaint is resolved under the Complaint Resolution Process. In situations where a matter is resolved through the Informal Resolution Process, no transcript notation will be made, unless the Parties agree otherwise. For more information, please see the Community Standards policy on transcript notations.

F. Maintenance of Records

After the Parties have been notified of the final written outcome of a Formal Complaint and any appeals have been decided, or the matter has been resolved through an Informal Resolution Agreement, the Complaint Resolution Process will be considered closed. At the close of the Process, the Office of Equal Opportunity (OEO) will maintain its investigative files which will include, but are not limited to, the Final Investigative Report and any exhibits, interview transcripts, the final written outcome, any appeal submission and any response, any Informal Resolution Agreements, and any Notice of Outcome of Appeal. Some of this information may also be kept in an individual’s student conduct records or personnel file as appropriate and in accordance with the record retention policies or practices of the applicable department. All other documentation regarding the complaint will be destroyed after the close of the Complaint Resolution Process, including investigator notes and any interview recordings that were later transcribed.

Notes

¹ The Title IX Coordinator serves in this role without any conflicts of interest or bias against respondents or complaints.
² The term student includes, but is not limited to, admitted and pre-enrolled individuals, any person enrolled in any (undergraduate or graduate) academic program or course at Emerson College, including Emerson-sponsored distance, international, or internet-based courses, up to and including the student’s commencement day or the last day of evaluation for non-degree students. This may include individuals who are participating or attempting to participate in Emerson’s education programs or activities at the time of the incident (e.g. visiting students, program participants, applicants).
³ “Employees” refers to applicants for employment and anyone employed by Emerson in any capacity including faculty and staff. This may include individuals who are participating or attempting to participate in Emerson’s education programs or activities (e.g. visiting scholars, program participants, applicants)
⁴ Students enrolled in the Global BFA program at Paris College of Art (PCA) may be subject to the policies and processes of PCA for conduct that occurred while participating in the program at PCA.
⁵ This Process, the referenced Policy Against Discrimination, Harassment, & Sexual Violence, and the Title IX Grievance Process, are effective as of January 2025. For conduct that may have occurred before that date, please contact the Office of Equal Opportunity for the applicable policy and processes.
⁶ An Impacted Party may also have the option to bring a support person/advisor to meetings, at the discretion of the AVP.
⁷ Employees subject to a collective-bargaining agreement may have additional rights with respect to the role of the support person/advisor.
⁸ In addition to falling under the definition of Title IX Sexual Harassment and/or Title IX Sexual Violence and occurring after August 14, 2020, the alleged conduct must meet three jurisdictional requirements to be subject to the Title IX Grievance Process. The conduct must 1) have occurred in the United States; 2) have occurred in a College program or activity; and 3) the complainant must be participating in or attempting to participate in a College educational program or activity. For more information about these jurisdictional requirements, please see the Title IX Grievance Process.
⁹ Pursuant to 34 CFR Part 106, § 106.8
¹⁰ This written update will usually be done via email, at the discretion of the Investigator.
¹¹ For students, see Code of Community Standards, False Identification or Information. For employees, see the Conduct Standards and Corrective Action Policy.
¹² Pursuant to 34 CFR Part 106, § 106.8.
¹³ Credibility assessments may be limited in matters that would fall under the Title IX Grievance Process.
¹⁴ Pursuant to 34 CFR Part 106, § 106.8.
¹⁵ To proceed under the Title IX Grievance Process, the conduct must 1) have occurred in the United States; 2) have occurred in a College program or activity; and 3) the complainant must be participating in or attempting to participate in a College educational program or activity. For more information about these jurisdictional requirements, please see the Title IX Grievance Process.
¹⁶ The AVP may dismiss the allegations of Title IX Sexual Harassment/Title IX Sexual Violence at any time in the Process if it becomes clear that they will not meet the jurisdictional requirements under Title IX.
¹⁷ The Decision-Maker(s) will not be given access to the interview transcripts, except that excerpts may be shared as needed to answer any questions they submit to the AVP.
¹⁸ The Decision-Maker(s) will not be given access to the interview transcripts, except that excerpts may be shared as needed to answer any questions they submit to the AVP.
¹⁹ An Impacted Party in an College-Initiated Complaint does not have appeal rights under this process.
²⁰ For more information on which sanctions will be noted on a transcript, see the "Sanctions" section under the Student Conduct Process.

Complaint Resolution Process: Policy Against Discrimination, Harassment & Sexual Violence

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