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II. Dismissal (Mandatory or Discretionary)

The University must dismiss a Formal Complaint or any allegations therein if, at any time during the investigation or hearing, it is determined that:

 

  1. The conduct alleged in the Formal Complaint would not constitute Title IX Sexual Harassment as defined above, even if proven
  2. The Sex-based conduct did not occur in the University’s Education Program or Activity (including buildings or property controlled by recognized student organizations) and/or the University does not have control of the Respondent
  3. The Sex-based conduct did not occur against a person in the United States
  4. The Complainant alleging Sex-based conduct is not participating in or attempting to participate in the University’s Education Program or Activity at the time of filing the Formal Complaint, and based on the available information, the Senior Director of Student Experience and Title IX Coordinator has determined that they do not need to sign a Formal Complaint on behalf of the University

The University may dismiss a Formal Complaint or any allegations therein if, at any time during the investigation or hearing:

 

  1. A Complainant notifies the Title IX Coordinator in writing that the Complainant would like to withdraw the Formal Complaint or any allegations therein
  2. The Respondent is no longer enrolled in or employed by the University
  3. Specific circumstances prevent the University from gathering evidence sufficient to reach a determination as to the Formal Complaint or allegations therein

A Complainant who decides to withdraw a Formal Complaint may later request to reinstate it or refile it.

 

Upon any dismissal, the University will promptly and simultaneously send the Parties written notice of the dismissal and the rationale for doing so.

 

This dismissal decision is appealable by any party.

 

When the Senior Director of Student Experience and Title IX Coordinator has signed a Formal Complaint and later determines that the basis for signing is no longer compelling, the Senior Director of Student Experience and Title IX Coordinator may rescind the Formal Complaint and notify the Parties accordingly. This is not a dismissal, and there is no opportunity to appeal because the Complainant may still file a Formal Complaint if they wish to, in most circumstances.