Title IX & Related Misconduct Policy and Procedures for Students Frequently Asked Questions

Table of Contents

Reporting

Supportive Measures

Resolution Options

Pregnancy

Reporting

I’m not ready to make a report. Who can I speak to confidentially?

Confidential resources on campus include Sexual Violence Response, University Chaplains, Counseling and Psychological Services (Morningside), Mental Health Services (CUIMC), Disability Services, the Ombuds Office, and healthcare providers. Students may use confidential resources even if they decide not to make a report.

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Can I report a concern anonymously?

Yes, however, the University is limited in the action it can take if the report does not identify a Complainant (the person who experienced the misconduct).

When a report is submitted anonymously by someone other than the Complainant, the Complainant will be notified that a report has been received, and the Policy will apply as if the Complainant had made the report.

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I don’t want to pursue an investigation, but I need help. Who do I talk to?

The Title IX Coordinator and Title IX Division staff are responsible for providing support and assistance immediately following an incident and throughout a student’s time at the University. The Title IX team can implement supportive measures to address your immediate needs and explain resolution options other than investigations that may be available to you.

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What if I’m not sure whether the conduct I experienced violates the Policy?

Students are strongly encouraged to report any concerns about possible misconduct. The Title IX team evaluates every report to determine whether the alleged conduct may violate the Policy. If we determine that the reported behaviors would not violate the Policy, but may violate another University policy, we will refer the report to the appropriate office.

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Will the Title IX Division report what I experienced to the police?

No. You have the right to decide whether or not to report conduct that you experienced to the police. The Title IX team is familiar with New York City and New York State law enforcement processes and we can help explain and connect you to those processes, if you wish to do so.

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What can I expect if I file a report?

When a report is made, a Case Manager from the Title IX team will contact you to discuss the availability of supportive measures and explain the available resolution options under the Policy.

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Supportive Measures

I am a Respondent (an accused) in a Title IX Case. Can I still get support through OIE?

Yes. Supportive measures are available equally to both Complainants and Respondents as appropriate.

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What types of supportive measures are available to me?

Supportive measures are individualized services offered to both Parties that are appropriate and reasonably available. The Title IX team evaluates requests for supportive measures based on the circumstances and information available. Supportive measures may include:

  • No-Contact Directives.
  • Counseling and supportive services.
  • Extension of deadlines or other course-related adjustments.
  • Modifications of work or class schedules.
  • Allowing a student to withdraw from or retake a class without penalty.
  • Changes in work or housing locations.
  • Leaves of absence.
  • Campus escort services, as available.

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Resolution Options

What are my options if I choose to make a report?

Available resolution processes may include informal resolutions (such as mediation or restorative justice) or a formal investigation and hearing. When a report is filed, you will be contacted by a Case Manager from the Title IX team who will explain the available resolution options and how to file a Formal Complaint. A Formal Complaint is required to initiate any resolution process.

Some students do not wish to file a Formal Complaint and request support-only, such as a No-Contact Directive and/or a modification of their class schedule.

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What is a Formal Complaint?

A Formal Complaint is a document filed by a Complainant alleging that the Respondent violated the Policy and requesting that the University investigate (or a similar written document signed by the Title IX Coordinator). A Formal Complaint is required to initiate any resolution process.

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What is the difference between a report and a Formal Complaint?

While a report alerts the Title IX Coordinator about potential misconduct and triggers OIE’s outreach to a Complainant (which includes an offer of reasonable supportive measures, information about resolution options, and the process for filing a Formal Complaint), a Formal Complaint initiates a resolution process and the Respondent will be notified of the allegations.

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What is an informal resolution?

An informal resolution seeks to resolve allegations of misconduct without taking disciplinary or punitive action. Parties are given the opportunity to actively participate in a process facilitated by the Title IX Division, such as mediation or restorative justice, for the resolution of their complaint. Both Parties must consent to the proposed informal resolution and the Office must agree that the resolution is appropriate for the process to move forward.

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How long do formal investigations take?

The Title IX team aims to complete investigations within 120 business days after receiving a Formal Complaint. Times frames may be extended as necessary to ensure the integrity and completeness of the process. The reasons for an extension may include, but are not limited to: requests by law enforcement; the availability of the Parties, their advisors, and witnesses; students on leave; exam periods, school breaks, or vacations; the need for language assistance or accommodation of disabilities; and the complexities of a specific investigation, including the number of witnesses and volume of information provided by the Parties, whether there is a cross-complaint (i.e., both Parties filed a Formal Complaint against each other) or allegations of Retaliation, and the severity and extent of the alleged misconduct.

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Is the Respondent still allowed to participate in Columbia-sponsored organizations or teams during an investigation?

Title IX regulations prohibit the University from taking any disciplinary action against a Respondent before the completion of an investigation and unless it is determined that the Respondent violated the Policy. A Respondent may only be removed from campus or an organization/team during a pending investigation on an emergency basis if an individualized safety and risk analysis determines there is an immediate threat to physical health or safety of another person. However, other measures may be put in place during an investigation to minimize contact between the Parties, such as No-Contact Directives.

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Why are there two types of hearing processes?

Title IX applies to some, but not all, misconduct that is prohibited by the University. Investigations involving one or more allegations of Title IX Sexual Harassment (including sexual assault, dating violence, domestic violence, and stalking) are required by federal law to follow the Title IX hearing process. Investigations that do not include allegations of Title IX Sexual Harassment may be resolved without a hearing or, upon the request by either Party, at a hearing using the Related Misconduct hearing process.

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Is a violation of Title IX more serious than a violation of Related Misconduct?

No. Title IX simply does not cover all of the conduct that is prohibited by the University. The possible sanctions are the same regardless of whether a Respondent is found Responsible for a Title IX or Related Misconduct violation, including, but not limited to: disciplinary probation, disciplinary suspension, expulsion, degree revocation, revocation of honors and awards, and removal from housing.

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How will my privacy be protected during an investigation?

Information is only shared by the Office or the Title IX Division with those who need to know in order to carry out their duties and responsibilities or as otherwise provided by law. Supportive measures provided to a student are also kept confidential except as necessary to provide the supportive measures (such as notifying the person to whom a No-Contact Directive will apply). The Parties and their advisors are required to sign a Privacy Agreement before obtaining access to evidence, an Investigative Report, or participating in a hearing.

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What happens if I decide I do not want to participate in an investigation?

The Complainant, Respondent, and witness(es) may decline to participate in any portion of a resolution process at any time without penalty. An investigation and/or hearing may continue without the Complainant’s or Respondent’s participation; however, declining to participate or participating in a limited fashion may limit the information that can be formally reviewed and considered or render it impossible to investigate.

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Pregnancy

Does the Title IX Division provide assistance to students who are pregnant?

Yes. The Title IX Coordinator works to ensure that reasonable accommodations are provided as needed to pregnant students and students experiencing any pregnancy-related condition. Commonly, reasonable accommodations may include:

  • Shifting assignment and exam dates;
  • Excusing absences for medical appointments; and/or
  • Ensuring that classrooms and programs are accessible to all pregnant students.

Requests for pregnancy or pregnancy-related accommodations can be made by contacting Title IX Coordinator Marjory D. Fisher at [email protected] or https://sexualrespect.columbia.edu/pregnancy-accommodations

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