The procedures outlined below apply to complaints filed against EWU students. Different procedures apply to complaints filed against employees or contractors.

Upon receipt of a report of sexual misconduct or interpersonal violence, the Title IX Coordinator will review the report and coordinate support services. Student Accommodations and Support Services or the Civil Rights Office will reach out to the complainant to explain reporting options, resources, and offer supportive measures. The next steps depend on whether or not the complainant wishes to file a complaint and whether or not the complaint falls under EWU’s policies regarding discrimination and Title IX. Complainants may also request informal resolution, such as mediation or a shuttle deplomacy. Participation in informal resolution is voluntary and must be aggreed upon by both parties.

After supportive measures are offered to a complainant, if the complainant wishes to file a complaint against a student, EWU will review the complaint to determine which process applies. (Level One, Level Two, or Level Three).

Level One: this process is used for concerns that do not meet the definition of a Formal Title IX complaint* and do not rise to the level of a felony crime.

• Complaint is referred to an investigator. The investigator conducts an intake meeting with the complainant to gather additional information.
• A notice of investigation is sent to the respondent. The notice may also include interim restrictions, such as a no contact order.
• The investigator meets with the respondent, gathers evidence, and interviews potential witnesses.
• Evidence gathered during the investigative process is shared with both the complainant and respondent.
• The investigator prepares an investigative report that summarizes the information gathered. The investigator determines whether or not the allegations are supported by a preponderance of the evidence (more likely than not) and if the respondent has violated EWU policy.
• If the respondent is determined to have violated EWU policy, the investigation is then sent to the Office of Student Rights & Responsibilities to determine the appropriate level of sanction.
• Either party may appeal the decision of the investigator and/or Student Rights & Responsibilities.

Level Two: this process is used for concerns that do not meet the definition of a Formal Title IX complaint*, but rise to the level of a felony crime or may result in suspension or expulsion.

• Complaint is referred to an investigator. The investigator conducts an intake meeting with the complainant to gather additional information.
• A notice of investigation is sent to the respondent. The notice may also include interim restrictions, such as a no contact order.
• The investigator meets with the respondent, gathers evidence, and interviews potential witnesses.
• Evidence gathered during the investigative process is shared with both the complainant and respondent.
• The investigator prepares an investigative report that summarizes the information gathered. The investigator determines whether or not the allegations are supported by a preponderance of the evidence (more likely than not) and if the respondent has violated EWU policy.
• If the respondent is determined to have violated EWU policy, the investigation is then sent to the Office of Student Rights & Responsibilities to determine the appropriate level of sanction.
• Either party may request a full evidentiary hearing before the Student Disciplinary Council if they disagree with the decision of the investigator and/or Student Rights & Responsibilities.
• A full evidentiary hearing is held before the Student Disciplinary Council. The Council makes factual findings and determines the appropriate level of discipline.
• If a party disagrees with the Student Disicplinary Council’s decision, they may file a written appeal.

Level Three: this process is only used for concerns that meet the definition of a Formal Title IX complaint*.

• Complaint is referred to an investigator. The investigator conducts an intake meeting with the complainant to gather additional information.
• A notice of investigation is sent to the respondent. The notice may also include interim restrictions, such as a no contact order.
• The investigator meets with the respondent, gathers evidence, and interviews potential witnesses.
• Evidence gathered during the investigative process is shared with both the complainant and respondent.
• The investigator prepares an investigative report that summarizes the information gathered. The investigator makes a recommendation to the Student Disciplinary Council.
• The Office of Student Rights & Responsibilities convenes a hearing before the Student Disciplinary Council. The complainant and respondent will be provided with an advisor, upon request, to assist them during the hearing process.
• A full evidentiary hearing is held before the Student Disciplinary Council. The Council makes factula findings and determines the appropriate level of discipline.
• If a party disagrees with the Student Disicplinary Council’s decision, they may file a written appeal.

Full details for all of these processes are available in WAC 172-125. Please refer to the link in the policies tab for additional information.

*A “Formal Title IX Complaint” is a formal signed complaint from:

• A current student, applicant, employee, or person participating in or seeking to participate in a university program or activity, or by the Title IX Coordinator;
• Alleging sexual harassment, sexual assault, domestic violence between intimate partners, dating violence, or sex-based stalking; and,
• The conduct must have occurred on university premises, during a university program or activity within the United States, or at a building owned or controlled by a student organization that is officially recognized by the university.