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If a complainant initiates a formal complaint under the Complaint
Resolution Procedures but then elects to withdraw the complaint, the
University may also proceed with the resolution of the formal complaint at
its discretion depending upon the facts and circumstances of the incident.
Additionally, the University may consolidate multiple formal complaints
involving different persons when they arise from the same facts or
circumstances.
If the University initiates a formal complaint or continues proceedings under
the Complaint Resolution Procedures contrary to the wishes of the
complainant, the University is obligated to treat the non-participating
complainant as a party and provide notifications to them throughout the
complaint resolution process. This requirement is intended to preserve the
non-participating complainant’s right to choose to participate, not to
pressure the non-participating complainant into participating.
The University may dismiss a formal complaint at any time if the
complainant would like to withdraw the complaint; the respondent is no
longer enrolled or employed by the University; or specific circumstances
prevent the University from gathering evidence sufficient to reach a
determination.
4.4 Investigation and Resolution
4.4.1 Complaint Resolution Procedures
All formal complaints of sexual misconduct will be investigated and
resolved under the Complaint Resolution Procedures, which, along with
this policy, are the exclusive means of resolving formal complaints of
sexual misconduct. Provided, however, that if a formal complaint is
dismissed, the University may refer the matter for resolution under other
policies or procedures, where permitted by law. To the extent this policy
and/or the Complaint Resolution Procedures conflict with any other
University policy, this policy, and/or the Complaint Resolution Procedures,
as the case may be, will control the investigation. Under the Complaint
Resolution Procedures, the party making a formal complaint is referred to
as the “complainant” and the person accused of misconduct is referred to as
the “respondent.”
4.4.2 Support Persons
At each stage of the Complaint Resolution Procedures (interviews, meetings,
hearings, etc.), the complainant and respondent may be accompanied by a
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