Retaliation

Protected activity under this policy includes reporting an incident that may implicate this policy, participating in the grievance process, supporting a Complainant or Respondent, assisting in providing information relevant to an investigation, and/or acting in good faith to oppose conduct that constitutes a violation of this Policy.

Acts of alleged retaliation should be reported immediately to the Title IX Coordinator and will be promptly investigated. The Institution will take all appropriate and available steps to protect individuals who fear that they may be subjected to retaliation.  

The Institution and any member of the Institution’s community are prohibited from taking materially adverse action by intimidating, threatening, coercing, harassing, or discriminating against any individual for the purpose of interfering with any right or privilege secured by law or policy, or because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under this policy and procedure. 

Filing a complaint within the Sexual Harassment process could be considered retaliatory if those charges could be applicable under the Title IX process, when the Sexual Misconduct Process charges are made for the purpose of interfering with or circumventing any right or privilege provided afforded within Title IX Process that is not provided by the Sexual Misconduct process. Therefore, the Institution vets all complaints carefully to ensure this does not happen, and to assure that complaints are tracked to the appropriate process. 

Charging an individual with a code of conduct violation for making a materially false statement in bad faith in the course of a grievance proceeding under this policy and procedure does not constitute retaliation, provided that a determination regarding responsibility, alone, is not sufficient to conclude that any party has made a materially false statement in bad faith.