Addressing the Complaint

After a person has reported a complaint of harassment or discrimination, Step 2 in the process is addressing the complaint. The Seminary will actively and expeditiously respond to any allegation of discrimination or harassment in accordance with this policy. 

The Seminary offers several options for those seeking relief under this policy. These include the Informal and Formal Resolution Processes described herein. The various aspects involved in addressing a complaint include the Intake Interview, the role of an advisor and/or support person, determination of the type of potential violation, request for confidentiality or no further action, interim supportive measures, and notice to the Respondent. 

A. Intake Interview

The Intake Interview is the first aspect of addressing a complaint. The Coordinator will typically conduct the initial meeting or Intake Interview. However, if the Coordinator is unavailable or there is a conflict of interest, a trained Intake Officer will be designated. Upon learning of a Complaint, the Coordinator or a designated Intake Officer will ask to meet with the Complainant. Alternatively, a Complainant may request a meeting with one of these individuals. The Complainant may be accompanied by an advisor and/or a support person (see below). During this meeting, the Complainant should be prepared to generally discuss the circumstances and information upon which the complaint is based. During this meeting, the Coordinator or designated Intake Officer will discuss the nature of the complaint, the date(s) of the conduct at issue, the location at which the incident(s) occurred, and will gather other general information sufficient to determine whether the information presented, if true, would be a violation of this policy. This is not intended to be a full interview during which all details of the matter will be reviewed. During the Intake Interview, the Complainant will receive information regarding their rights, resources, and options, and will discuss potential interim remedial or protective measures. 

If the complaint contains an allegation meeting all of the jurisdictional elements of this policy and the Complainant indicates that she or he desires to move forward with an investigation, the Complainant will sign the complaint. If the Complainant does not want to proceed at this juncture, the Complainant will so advise the Coordinator, who will then have the option, but will not be required, to pursue the complaint individually. In the event the Coordinator decides not to individually pursue the complaint, the matter will be closed. In the event that the Complainant wishes to proceed, however, the Complainant will then sign the complaint, and the Coordinator will, within three (3) business days, notify the Respondent of the allegation and commence the investigation process. 

B. Advisors and Support Persons 

Discussing the availability and role of potential advisors or support persons is the second aspect involved in addressing the complaint. Although the Coordinator is available to assist the Complainant and Respondent in navigating the policy, the Coordinator remains neutral in relation to the case. To provide additional guidance and support, both Complainants and Respondents may have up to two persons (one advisor and one support person) of their choosing to accompany them to any meeting, interview, or proceeding related to the Informal or Formal Resolution process. This includes the initial Intake Interview. Neither the advisor nor the support person can also be a witness in the same matter. The roles of the advisor and support person are set out as follows. 

Advisor – An advisor chosen by a Complainant or Respondent in any case of potential discrimination or harassment will provide assistance in navigating the Informal or Formal Resolution Process by providing guidance on process and procedures. The Seminary will provide both parties with the names of at least two trained advisors who understand the Seminary’s policy and procedures. The advisor may accompany the Complainant or Respondent to any and all portions of the grievance process. For all cases, the advisor may serve as a guide through the process by explaining the process to the complainant or respondent, answering questions, accompanying the person during the Intake Interview and other aspects of the investigation, and asking questions on behalf of the person as needed (i.e., raising questions in the Intake Interview, in conversations with the Coordinator, and possibly with members of the Determination Panel or Hearing Panel as discussed below). 

Although optional for non-Title IX cases, an advisor is required for the Complainant and Respondent for all Title IX cases that proceed through the Formal Resolution Process, which would involve a Hearing Panel. A Complainant or Respondent may make use of an advisor provided and trained by the Seminary or may select an advisor of their own choosing. For any Complainant or Respondent who does not have an advisor at the Title IX hearing, one will be provided, at no charge, for the purpose of cross-examination of the other party or witness. Since a hearing is required for Title IX cases that proceed through the Formal Resolution Process and an advisor has a specific role at the hearing, reasonable attempts will be made to schedule proceedings consistent with an advisor’s availability. However, the process will not be delayed to schedule the Title IX hearing at the convenience of the advisor. The Coordinators has the discretion to remove the advisor from the hearing if the advisor interferes with the proceedings. 

Support Person – A Complainant or Respondent may choose to have a support person who provides emotional support during the course of an Informal or Formal Resolution Process. The support person can be a friend. A support person may not represent, advocate, or speak on behalf of a Complainant or Respondent, and may not disrupt or impede any resolution proceeding. 

C. Determination of the Type of Violation 

While issues of discrimination and harassment are all appropriately addressed through this policy, with regard to issues of sexual harassment a determination must also be made regarding whether the complaint is one that asserts a potential violation of Title IX. Because a complaint must meet strict criteria in order to be deemed a Title IX complaint, it is necessary to gather more information at this stage. Schools are required by law to handle Title IX cases in specific ways. During the Intake Interview, the Coordinator or designated Intake Officer will assist the Complainant in determining whether the incident is a Title IX complaint or another violation of this policy. Title IX determinations are made based on the nature of the complaint, the location of the incident, and the status of the Complainant and Respondent. 

A complaint is a potential Title IX violation when the location and status of the Complainant and Respondent meet the following criteria: 

Location – To qualify as a Title IX case, the incident must have occurred on the Seminary’s campus, within the United States, or the incident must have occurred during one of the Seminary’s programs or activities, such as part of a field trip or field education within the United States. Incidents that occur elsewhere such as Seminary-sponsored international trips are not Title IX cases, but may still proceed under the anti-harassment provisions set forth in this policy. 

Status – To qualify as a Title IX case, the Complainant must be a student (whether applicant, admitted, or currently enrolled) or employee (applicant, hired but not yet working, or employed). The Respondent must be a student (whether applicant, admitted, or currently enrolled) or employee (applicant, hired but not yet working, or employed). 

Nature of Complaint – Title IX cases involve claims related to one of the following three criteria: 

• A complaint of Dating Violence, Domestic Violence, Stalking, or Sexual Assault as defined above; or 
• A complaint of sexual harassment in which the harassment was so severe and pervasive and objectively offensive that it denied the Complainant equal access to an educational program or activity, or denied the employee the ability to continue their work at Union Presbyterian Seminary; OR 
• A complaint of Quid Pro Quo sexual harassment by an employee against a student.  

If the criteria for location, status, and nature of the complaint are all met, the complaint proceeds as a Title IX case. The Title IX case may proceed through the Informal or Formal Resolution Process as described later in this policy. 

If these criteria for a Title IX case are not met, the complaint will proceed either through the Informal or Formal Resolution Process set forth herein. 

D. Requests for Confidentiality or No Further Action 

While making a complaint, the Complainant may request confidentiality and that no further action be taken by the Seminary. When a Complainant requests that the Seminary not use their name as part of any investigation, or that the Seminary not take any further action, the Seminary will generally try to honor those requests. However, there are certain instances in which the Seminary has a broader obligation to the community and may need to override an individual’s request for confidentiality or a request that the Seminary not investigate a matter or take any further action. Because such requests could impact the Seminary’s ability to appropriately address and resolve the behavior in question, the Seminary will weigh these requests very carefully. 

The Coordinator will evaluate the request for confidentiality or that an investigation/discipline not occur by considering a range of factors including, but not limited to, whether: 

• There have been similar past complaints about the same individual and the severity of the conduct alleged. 
• The alleged Respondent has a history of violence or the allegation involves an act of physical violence. 
• The alleged Respondent threatened further or future violence. 
• The misconduct was alleged to have been committed by multiple perpetrators. 
• The alleged Respondent holds a position of power over the alleged victim or others. 
• The alleged victim is a minor. 
• The Seminary possesses no other means to obtain relevant evidence. 

The presence of one or more of these factors may lead the Seminary to commence an investigation. If so, the Seminary will inform the Complainant and Respondent in writing prior to proceeding and will, to the extent possible, share information only with the individuals responsible for handling the Seminary’s response and others involved in the investigation. 

Should the Complainant ask that their identity not be disclosed to the Respondent as part of an Informal Resolution Process, the Coordinator will work with the Complainant to determine whether other solutions (such as targeted training) would resolve the Complainant’s concerns. The Seminary cannot guarantee, however, confidentiality in all circumstances. 

E. Interim Supportive Measures 

In evaluating a complaint, the Coordinator may determine that either or both Complainant and Respondent is entitled to reasonable interim supportive measures (See Appendix B). The Seminary reserves the absolute right to take whatever interim measures it deems necessary to protect the rights and personal safety of its community members. During the Intake Interview, the Coordinator or designated Intake Officer may offer interim supportive measures to the Complainant that are designed to restore or preserve equal access to the Seminary’s educational programs or activities and work environment and will consider the Complainant’s wishes with respect to these measures. These measures may be available with, or without, the filing of a written complaint. Interim supportive measures available in all cases may include: counseling; extensions of deadlines or other course-related adjustments; modifications of work, class, or dining schedules; campus escort services; mutual no-contact directives; changes in work or housing locations; leaves of absence; increased security; or monitoring of certain areas of the campus. 

Note: Any interim supportive measures put in place will be kept confidential, except to the extent that doing so impairs the Seminary’s ability to provide the supportive measures. For example, in order to effectuate a housing change, staff in the Housing Office will be informed of the need to assist with a housing change as directed by the Coordinator, but will not be provided with any of the details of any complaint. 

F. Notice to Respondent 

Upon the filing of a Complaint, written notice will be provided to the Respondent. Such notice will include the following information: 

• The specific allegation and the specific conduct that is alleged to have occurred. 
• The identity of the Complainant. 
• The date and location (if known) of the conduct that is alleged to have occurred. 
• A copy of this policy, which contains the process that will be followed, including an explanation that each party has the right to inspect and review all evidence prior to the completion of the investigation. 
• A statement indicating that the decision to accept a complaint does not presume that the conduct at issue has occurred, and that the Respondent is presumed not responsible, unless and until, at the conclusion of the process below, there is a determination of responsibility. 
• An explanation that each party may be accompanied by an advisor of their choice or a trained advisor provided by the Seminary and/or a support person. 
• The date and time of the initial meeting with the Coordinator, with a minimum of seven (7) business days’ notice. 
• The name and contact information of the investigator that will be assigned to the claim (if determination has been made to proceed with a Formal Resolution Process) (the “Investigator”). 
• Information regarding interim supportive measures, which are available equally to the Respondent and to the Complainant. 

The decision to proceed with an investigation is not a determination that the Respondent has engaged in the alleged conduct. Any Respondent is presumed not responsible for the conduct that is the subject of the investigation, unless and until a decision of responsibility by a Preponderance of the Evidence Standard has been made upon the completion of the adjudication process.