Process and Procedures
Holy Family University will review and respond to all Reports of Prohibited Conduct of violation of the Policy Prohibiting Discrimination and Harassment. Upon receiving a Report, the Title IX Coordinator will promptly contact the Complainant to provide information, advise them of the availability of Supportive Measures and on- and off-campus resources, and discuss the procedural options available to the Complainant under this Policy, including the Informal Resolution Process and pursuing Grievance Procedures. The University will also assess whether there are any immediate threats to health or safety that must be addressed.
Importantly, if the alleged conduct, if established, would not constitute a violation of this Policy, the Title IX Coordinator will inform the Complainant of any other resources and options available, which may include referring the matter for action under a separate policy. Similarly, in cases in which the Respondent is not a University affiliate and the Grievance Procedures would not be available to the Complainant, the Title IX Coordinator will offer Supportive Measures and take other action as appropriate, if any, to address the behavior at issue.
At all times, the University will treat Complainants and Respondents equitably.
Understanding Policy
Policy Prohibiting Discrimination and Harassment
Holy Family University will review and respond to all Reports of Prohibited Conduct of violation of the Policy Prohibiting Discrimination and Harassment.
Understanding Procedures
Initial Assessment and Intake
Following receipt of a Report or a Complaint, the Title IX Coordinator engages in an initial assessment, typically within one to five business days. The Title IX Coordinator will:
- Assess the nature and circumstances of the Report, including whether the names and/or any other personally identifiable information for the Complaint, the Respondent, any witnesses, and/or any other individual with knowledge of the reported incident is provided, to facilitate appropriate follow-up.
- Assess the nature of the allegations to identify possible resolution options that may be available and/or to identify other University offices that may more appropriately address matters not related to Prohibited Conduct.
After receiving a Report of possible Prohibited Conduct, the Title IX Coordinator will promptly contact the Complainant, if one is identified or identifiable, to (1) discuss the availability of Supportive Measures; (2) ask about the Complainant’s wishes with respect to Supportive Measures; (3) explain that Supportive Measures are available with or without the filing of a Complaint; and (4) explain how to make a Complaint. The Title IX Coordinator will also provide the Complainant with a written explanation of available resources, options, and other important Policy information.
When a Complaint is made, the Title IX Coordinator will ensure the Respondent receives a written Notice of Allegations. The Title IX Coordinator will also provide the Respondent with a written explanation of available resources, options, and other important Policy information.
Informal Resolution Process
An Informal Resolution Process may be offered at any time before a determination of whether Prohibited Conduct occurred has been made. This includes upon receipt of a Report, or during the pendency of Grievance Procedures. A Complaint need not be made in order to initiate the Informal Resolution Process. An Informal Resolution Process is not permitted if such a process would conflict with federal, state, or local law; The University may also decline to permit an Informal Resolution Process when it determines that the alleged conduct presents a future risk of harm to others.
Both Parties must agree to participate in the Informal Resolution Process, and the University must agree that it is appropriate. As participation is voluntary, the University does not require Parties to waive the right to an investigation and adjudication as a condition of (continuing) enrollment or (continuing) employment, or the exercise of any other right.
University-Initiated Complaints
In the absence of a Complaint made by a Complainant, or in the event of the withdrawal of any or all of the allegations in a Complaint, the Title IX Coordinator will determine whether to initiate a Complaint.
Dismissal
A Complaint may be dismissed, in whole or in part, if it is determined, at any time, that:
- The University cannot identify the Respondent after taking reasonable steps to do so;
- The Respondent is not, or is no longer, participating in a University Education Program or Activity and is not, or is no longer, employed by the University;
- The Complainant voluntarily withdraws any or all of the allegations in the Complaint, the Title IX Coordinator declines to initiate a Complaint, and without the Complainant’s withdrawn allegations, the conduct that remains alleged in the Complaint, if any, would not constitute Prohibited Conduct even if established; and/or
- The conduct alleged (after reasonable efforts to clarify have been made, as appropriate), if established, would not constitute Prohibited Conduct.
In the event of a dismissal, Supportive Measures may still be provided to the Complainant (and Respondent, if already notified of the Complaint), and the Title IX Coordinator may refer the matter to another, appropriate office for review and response.