Overview of Resolution Procedures

Overview of Resolution Procedures for Allegations of Prohibited Conduct Under the Policy on Nondiscrimination, Anti-Harassment, and Equal Opportunity

The Policy is applicable whenever the respondent is a member of the MUSC community regardless of the status of the complainant. The MUSC community includes, but is not limited to, students (defined as any individual who has accepted an offer of admission, or who is registered or enrolled for credit or non-credit bearing coursework, and who maintains an ongoing relationship with MUSC), residents, postdoctoral fellows, faculty, administrators, staff, guests, independent contractors, vendors, visitors, invitees, and campers.

Intake/Initial Assessment: Upon receipt of a complaint or notice of an alleged violation of the Policy on Nondiscrimination, Anti-Harassment, and Equal Opportunity (a.k.a. Prohibited Conduct), the Title IX Coordinator & Director of Civil Rights Compliance (“Title IX Coordinator”) or the Director of Equity, EEO, and University Accessibility (“Director of Equity”) conducts an initial assessment to determine the next steps the University will take to address the allegation. The assessment may include one or more the following:

  • Conducting a risk & safety assessment
  • Providing supportive measures
  • Discussion of administrative options
  • Determination about which policy and process is applicable

The Title IX Coordinator and the Director of Equity have the discretion to dismiss a complaint or any allegations therein for several reasons, including but not limited to: if the alleged conduct does not constitute Prohibited Conduct, if the University does not have control over the respondent, and if specific circumstances prevent the University from gathering evidence sufficient to reach a determination. Based on the initial assessment, the matter will be resolved through an alternate/informal resolution, an administrative/formal resolution, or it may be dismissed.

Standard of Evidence: The standard of evidence under the Policy is a preponderance of the evidence (i.e., it is more likely than not that the conduct has occurred). In analyzing the facts, the decisionmaker(s) will apply this standard to determine whether the respondent has violated the policy. Throughout the investigation, the respondent is presumed “not responsible” until a finding of “responsible” is made pursuant to the Policy.

Right to an Advisor: The parties may each have an advisor of their choice present with them for all meetings and interviews. The parties may select whoever they wish to serve as their advisor as long as the advisor is eligible and available. The advisor may be a friend, mentor, family member, attorney, or any other individual a party chooses to advise, support, and/or consult with them throughout the resolution process.

Complaint Procedures for Allegations of Title IX Sexual Harassment (Process A)

Process A applies to qualifying allegations of Title IX sexual harassment (including sexual assault, dating violence, domestic violence, and stalking) involving students, staff, administrators, or faculty members.

Informal/Alternative Resolution: Alternate Resolution is an informal process, such as a mediation or a negotiated resolution, by which a mutually agreed upon resolution of an allegation is reached. All parties must consent to the use of Alternate Resolution. The ultimate determination of whether Alternate Resolution is available or successful is to be made by the Title IX Coordinator. The Title IX Coordinator maintains records of any resolution that is reached, and failure to abide by the resolution agreement may result in appropriate responsive/disciplinary actions. Results of complaints resolved by Administrative Resolution are not appealable.

Formal Grievance Process: The Title IX Coordinator will provide written notice of the investigation and allegations to the respondent. It will include the allegation date, time and location, complainant name (if applicable), presumption of innocence, retaliation policy, potential sanctions, advisor information, name of investigator and procedural considerations.  

Investigation Process: Investigations involve interviews with all relevant parties and witnesses; obtaining available, relevant evidence; and identifying sources of expert information, as necessary. All parties have an opportunity to suggest witnesses and questions, to provide evidence, and to fully review and respond to all evidence in the record.

Hearing Process and Procedures: Once the final investigation report is shared with the parties, the Title IX Coordinator will refer the matter for a hearing. At the hearing, the panel has the authority to hear and make determinations on all allegations of discrimination, harassment, and/or retaliation and may also make determinations on any additional alleged policy violations that have occurred in concert with the discrimination, harassment, and/or retaliation. 

Notice of Outcome: The Title IX Coordinator will work with the Chair to prepare a Notice of Outcome. The Title IX Coordinator will then share the letter, including the final determination, rationale, and any applicable sanction(s) with the parties and their advisors within five (5) business days of receiving the decision-maker(s)’ deliberation statement.

Appeals: Any party may file a request for appeal within three (3) business days of the delivery of the Notice of Outcome. The appeal will be considered by a single Appeal decision-maker who was not previously involved in the process, including any dismissal appeal that may have been heard earlier in the process. Appeals are limited to three grounds.

Complaint Procedures for Allegations of Discriminatory Harassment and Other Non-Title IX Civil Rights Offenses (Process B)

The procedures described below apply to all allegations of harassment or discrimination on the basis of protected class status involving students, staff, faculty members, or third parties. These procedures may also be used to address collateral misconduct arising from the investigation of or occurring in conjunction with harassing or discriminatory conduct (e.g., vandalism, physical abuse of another).

Alternate/Informal Resolution: Alternate Resolution is applicable when the parties voluntarily agree to resolve the matter through informal processes, or when the respondent accepts responsibility for violating Policy, or when the Title IX Coordinator or Director of Equity can resolve the matter informally by providing remedies to resolve the situation. In an Alternate Resolution meeting, a trained administrator facilitates a dialogue with the parties to an effective resolution, if possible.

Administrative Resolution: Administrative Resolution starts with a thorough, reliable, and impartial investigation. If Administrative Resolution is initiated, the Title IX Coordinator or the Director of Equity will provide written notification of the investigation to the parties at an appropriate time during the investigation.

The respondent may accept responsibility for all or part of the alleged policy violations at any point during the resolution process. If the Respondent accepts responsibility, the Title IX Coordinator or Director of Equity will determine that the individual is in violation of the Policy and will then determines appropriate sanction(s) or responsive actions, which are promptly implemented in order to effectively stop the harassment, discrimination, and/or retaliation; prevent its recurrence; and remedy the effects of the conduct, both on the complainant and the community.

Investigation: Investigations involve interviews with all relevant parties and witnesses, obtaining available, relevant evidence, and identifying sources of expert information, as necessary. All parties have a full and fair opportunity, though the investigation process, to suggest witnesses and questions, to provide evidence, and to fully review and respond to all evidence in the record.

Notice of Outcome: Within five (5) business days of receiving the investigator’s recommendation, the Title IX Coordinator or Director of Equity reviews the report and all responses, and then makes the final determination on the basis of the preponderance of the evidence. If the record is incomplete, the Title IX Coordinator or Director of Equity may direct a re-opening of the investigation, or may direct or conduct any additional inquiry necessary, including informally meeting with the parties or any witnesses, if needed. The recommendation of the investigation should be strongly considered but is not binding on the Title IX Coordinator or Director of Equity. The Title IX Coordinator or Director of Equity may invite and consider impact statements from the parties if and when determining appropriate sanction(s), if any.

The Title IX Coordinator or Director of Equity then timely provides the parties with a written Notice of Outcome to include findings, any sanction(s), and a detailed rationale, delivered simultaneously (without undue delay) to the parties.

If the respondent admits to the violation(s), or is found in violation, the Title IX Coordinator or Director of Equity, in consultation with other administrators as appropriate, determines sanction(s) and/or responsive actions, which are promptly implemented in order to effectively to stop the Prohibited Conduct; prevent its recurrence; and remedy its effects on both the complainant and the community.

Appeals: Faculty members found in violation can appeal the determination through the procedures established in the Faculty Handbook (Section 8.02)

Staff members found in violation can appeal the determination through the procedures established in Human Resources Management Policy Grievance Procedure (Policy 44).

Students found in violation can appeal the determination through the procedures established in the Concerns and Complaints Policy.