Procedures for Handling Complaints
Title IX requires the university to adopt and publish complaint procedures that provide for prompt and equitable resolution of sex discrimination complaints, including sexual harassment and violence. The complete USF Policy on Nondiscrimination Based on Sex and Gender, Sexual Harassment, and Sexual Misconduct can be found here.
Except in the case of a privilege recognized under California law (examples of which include therapists and clergy acting as such), any member of the University community who knows of or has reason to know of sexual discrimination allegations shall promptly inform the campus Title IX Coordinator.
The University has designated a Title IX Coordinator to monitor and oversee all Title IX compliance. The Title IX Coordinator, or designee, will reach out to reporting persons to explain and discuss the following:
- the University’s formal complaint process and options available to survivors
- details of the University formal grievance process, including the investigation and hearing
- details of available informal resolution processes
- how confidentiality and privacy is handled
- academic, housing, or other remedial measures available
- the right to file a criminal complaint
- available support resources, both on and off campus
- questions a reporting party might have
Regardless of whether a victim of sexual discrimination ultimately files a formal complaint, if the campus knows or has reason to know, about possible sexual discrimination or sexual violence, the university must review the matter to determine if an investigation is warranted. The university must take appropriate steps to eliminate any sex discrimination/harassment, prevent its recurrence, and remedy its effects.
Safety of the Campus Community is Primary
The university's primary concern is the safety of its campus community members. The use of alcohol or drugs never makes the victim at fault for sexual discrimination or sexual violence; therefore, victims should not be deterred from reporting incidents of sexual violence out of a concern that they might be disciplined for related violations of drug, alcohol, or other university policies. Except in extreme circumstances, victims of sexual violence shall not be subject to discipline for related violations of the Student Conduct Code.
Information Regarding Campus, Criminal, and Civil Consequences of Committing Acts of Sexual Violence
Individuals alleged to have committed sexual assault may face criminal prosecution by law enforcement and may incur penalties as a result of civil litigation. In addition, employees and students may face discipline at the university. Employees may face sanctions up to and including dismissal from employment, pursuant to established USF policies and provisions of applicable collective bargaining unit agreements.
Students charged with sexual discrimination or sexual violence will be subject to discipline, pursuant to the University of San Francisco Student Conduct Procedures and will be subject to appropriate sanctions. In addition, during any investigation, the university may implement interim measures in order to maintain a safe and non-discriminatory educational environment. Such measures may include, but are not limited to, immediate interim suspension from the university, a required move from university-owned or affiliated housing, adjustments to course schedule, or prohibition from contact with parties involved in the alleged incident.