Mandatory Dismissal

The 2020 Title IX Regulations outline instances where the Title IX Coordinator must dismiss a Title IX complaint. The regulations also provide situations where the Title IX Coordinator has the discretion to dismiss a Title IX complaint. The following is a review of both mandatory and discretionary dismissals.

  1. The Title IX Coordinator is obligated to dismiss a formal Title IX complaint or any allegations therein if, at any time during the investigation or hearing, it is determined that:
  2. The conduct alleged in the formal complaint would not constitute sexual harassment as defined in the Title IX policy, even if proved;
  3. The conduct did not occur in an educational program or activity controlled by 色花堂  (including buildings or property controlled by recognized student organizations), and/or 色花堂 does not have control of the Respondent; and/or
  4. The conduct did not occur against a person in the United States.

Discretionary Dismissal

  1. The Title IX Coordinator has the discretion to dismiss a formal Title IX complaint or any allegations therein if, at any time during the investigation or hearing, it is determined that:
  2. A Complainant notifies the Title IX Coordinator in writing that the Complainant would like to withdraw the formal complaint or any allegations therein; or
  3. The Respondent is no longer enrolled in or employed by the recipient; or
  4. Specific circumstances prevent the recipient from gathering evidence sufficient to reach a determination as to the formal complaint or allegations therein.

Upon any dismissal for any reason, the Title IX Coordinator will promptly send written notice of the dismissal and the rationale for doing so. The letter will be sent simultaneously to the parties.

This dismissal decision is appealable by any party under the procedures for appeal below. The decision not to dismiss is also appealable by any party claiming that a dismissal is required or appropriate.

Parties wishing to file an appeal, must submit the request for an appeal in writing to the Title IX Coordinator within five (5) days of the decision to dismiss (or the decision not to dismiss). If you do not submit a request for an appeal within the five (5) days, the right to an appeal will be lost.

The request for appeal will be forwarded to the Appeal Chair for consideration. Within five (5) business days of receiving the appeal, the Appeal Chair will communicate the decision regarding whether the appeal meets the grounds for appeal and is accepted or that the appeal does not meet the ground for appeal and is rejected. The Appeal Chair will make a determination regarding accepted appeals and deliver the written decision to the Title IX Coordinator who will then deliver the decision to all parties. The Appeal Chair’s decision is final.

*A Complainant who decides to withdraw a complaint may later request to reinstate it or refile it.