The questions below are frequently asked about the University’s Sexual Misconduct Policy, including filing reports, supportive measures, and the informal and formal processes. The information below is aimed to help members of the Augsburg community understand the process; it is not intended to replace any language in the Sexual Misconduct Policy, which contains official policy language.
Use the button on the following heading to expand content on DefinitionsWhat is sexual misconduct?
Sexual misconduct is defined as the following forms of sex discrimination and other misconduct:
- Quid pro quo harassment
- Hostile environment harassment
- Sexual assault
- Domestic violence
- Dating violence
- Stalking
- Sexual exploitation
This misconduct may be considered Title IX Sexual Harassment or non-Title Sexual Harassment. More information about these definitions can be found under Section V. Prohibited Conduct.
Who is a complainant?
A complainant is an individual who is alleged to be the victim of sexual misconduct.
Who is a respondent?
A respondent is an individual who has been reported to be the perpetrator of conduct that could constitute sexual misconduct.
What is a report?
A report is an account of alleged sexual misconduct that has been provided to the University.
How can an individual report an allegation of sexual misconduct?
An individual may report allegations of sexual misconduct in the following ways:
- Contact the Title IX Coordinator at titleix@augsburg.edu or 612-330-1160
- Contact the Department of Public Safety at 612-330-1717 (24/7)
- Report It Website
- A student may share this information with any University employee, all of whom are mandated reporters except confidential resources in Campus Ministry and the Center for Wellness and Counseling.
More information about reporting can be found under Section VIII. Reporting Sexual Misconduct.
Can an individual report an allegation of sexual misconduct and remain anonymous?
Yes. Reports may be filed anonymously using the online reporting form. The University will likely be limited to investigating anonymous reports. A reporter is encouraged to provide as much detail as possible.
More information about reporting can be found under Section VIII.A.ii. Anonymous Reporting.
Are there free and confidential resources available to Augsburg students?
Yes. These resources include:
- The Aurora Center, which provides support to students who have experienced sexual harassment, sexual assault, dating violence, domestic violence, and stalking. Call 612-626-2929 (business hours) or 612-626-9111 (24/7).
- The Center for Wellness and Counseling (1st floor, Anderson Residence Hall) provides confidential counseling, support, and referrals to students. Call 612-330-1707 to schedule an appointment or inquire about walk-in hours.
- Campus Ministry (1st floor, Foss Center) provides confidential spiritual counseling. Call 612-330-1732.
- 24/7/365 Urgent Phone Counseling – Students can call 844-287-6963 (24/7) to talk confidentially to a counselor over the phone at any time of day or night.
- BetterMynd provides an online therapy platform to Augsburg students from a diverse network of licensed mental health counselors. Each student begins with 5 individual sessions. To schedule an appointment, call 612-330-1707.
See Section VI.A. Confidential Resources.
Are there free and confidential resources available to Augsburg employees?
Yes. These resources include:
- Campus Ministry (1st floor, Foss Center) provides confidential spiritual counseling. Call 612-330-1732.
- GuidanceResources® is Augsburg’s Employee Assistance Provider. Click here for more information.
- HealthPartners has resources available to their members.
See Section VI.A. Confidential Resources.
What is a supportive measure?
A supportive measure is an action taken by the University that attempts to restore educational access or to deter sexual harassment. Supportive measures are options designed to support a student in continuing with their academic, living, and social experience at Augsburg as safely and as comfortably as possible given the reported misconduct.
For more information, see Section IX.G. Supportive Measures.
What are some examples of supportive measures the University can provide?
The University may provide the following supportive measures to a complainant or respondent, including but not limited to :
- a “no contact directive” between parties;
- Changes to on-campus residency, dining, or transportation arrangements;
- Changing an individual’s student or employee status or job responsibilities;
- Changing an individual’ s work or class schedule;
- Leaves of absence; and
- Providing academic accommodations or providing assistance with academic issues.
For more information and more examples of supportive measures, see Section IX.G. Supportive Measures.
How can I request a supportive measure?
To request an accommodation or supportive measure, individuals should contact the Title IX Coordinator at titleix@augsburg.edu.
For more information, see Section IX.G. Supportive Measures.
What is a formal complaint? How does it differ from a report?
A report is an account of alleged sexual misconduct that has been provided to the University. However, another step must be taken to initiate the complaint resolution process under the Sexual Misconduct Policy.
A formal complaint is a document filed by a complainant or signed by the Title IX Coordinator alleging a violation of the Sexual Misconduct Policy and requesting that the University investigate the allegations of sexual misconduct. A formal complaint typically begins the complaint resolution process under the Sexual Misconduct Policy: either the informal process (as appropriate) or the formal process.
See Section X.B. Formal Complaint and Notice of Allegations.
If a complainant chooses not to move forward with a formal complaint, can they change their mind later?
Yes. There is no timeline for moving forward with a formal complaint. However, once a respondent leaves the University as a student or employee, the University has very limited options on how it can proceed with a complaint resolution process.
See Section IX.L. Time Frames for Resolution.
How does a complainant sign a formal complaint?
The complainant would meet with the Title IX Coordinator to discuss the complaint resolution process and then sign a formal complaint.
See Section X.B. Formal Complaint and Notice of Allegations.
If a complainant does not want to sign a formal complaint, would the University still investigate the allegations of sexual misconduct?
In rare instances, yes.
In a situation where the complainant requests that their name or other identifying information not be shared with the respondent, or that no action be taken against the respondent, the Title IX Coordinator will review the facts to determine whether the Title IX Coordinator will sign a formal complaint. Such facts include reasonable safety concerns, whether additional acts of sexual misconduct would occur if nothing is done, the age and relationship of the parties, the scope of misconduct, and whether there is a pattern of sexual misconduct, among other concerns.
There may be times when, in order to provide a safe, non-discriminatory environment for all students and employees, the University may not be able to honor a complainant’s request for confidentiality or non-action. The Title IX Coordinator will inform the complainant if they decide to sign a formal complaint.
See Section VI.C. Requests for Confidential or Non-Action.
What happens after a complainant signs a formal complaint?
The University will schedule a meeting with the respondent to share details of the formal complaint, the complainant resolution process, and the respondent’s rights under the Policy.
See Section X.B. Formal Complaint and Notice of the Allegations.
What is the informal process?
Following a formal complaint, at any time prior to reaching a determination regarding responsibility, the University may facilitate an informal resolution process. The goal of the informal process is to attempt to facilitate a resolution that is agreeable to all parties.
See Section X.E. Informal Resolution Process.
When is it appropriate to use the informal process?
The informal process can be used when all of the following apply:
- The complainant, respondent, and Title IX Coordinator agree to pursue an informal resolution.
- The case does not involve allegations of sexual assault.
- The case does not involve allegations that an employee engaged in Title IX Sexual Harassment against a student.
See Section X.E. Informal Resolution Process.
How does an informal process get started?
Once the complainant and respondent agree to engage in the informal process, both parties will sign a document stating that they are participating in informal resolution. A member of the Title IX Team will meet with both parties separately to determine an appropriate resolution.
See Section X.E. Informal Resolution Process.
What happens if either the complainant, respondent, or University change their mind in the middle of an informal process and want to move to the complaint resolution process?
Any party or the University can change their mind in the middle of the informal process and move to the complaint resolution process. If this occurs, the Title IX Coordinator will inform both parties, and the complainant resolution process will start.
See Section X.E. Informal Resolution Process.
What does a successful informal resolution look like?
A successful informal resolution results in a binding agreement between the parties. This agreement contains details on what the parties agreed to do. This agreement is signed by the complainant, respondent, and Title IX Coordinator.
See Section X.E. Informal Resolution Process.
After a binding agreement is signed between the parties, can a complainant or respondent change their mind and ask for a formal process?
No.
See Section X.E. Informal Resolution Process.
After a binding agreement is signed between the parties, can a complainant or respondent appeal?
No.
See Section X.E. Informal Resolution Process.
Formal Resolution Process
Use the button on the following heading to expand content on DefintionWhat is the formal resolution process?
The formal resolution process involves the University taking steps to investigate whether or not the respondent engaged in a violation of the Sexual Misconduct Policy.
See Section X.F. Formal Resolution Process.
Who is assigned as an investigator?
An investigator is an individual selected by the Title IX Coordinator. An investigator has received appropriate training, is impartial, and is free of any conflict of interest or bias for or against complainants and respondents generally and for or against the complainant or respondent in the case.
See Section X.F.i. Investigation.
How long does an investigation last?
An investigation typically lasts 45 calendar days from when the notice of allegations was sent to both parties. However, there are circumstances where an investigation time frame may be extended.
See Section IX.L. Time Frames for Resolution.
What does an investigation entail?
Generally, investigators will reach out to schedule meetings with the complainant, respondent, and any applicable witnesses. Investigators will also collect evidence, including screenshots, texts, emails, documents, fob records, security camera footage, recordings, social media posts, and more.
See Section X.F.i. Investigation.
Can a complainant or respondent bring someone to their meeting?
Yes, a complainant or respondent can bring an advisor to their meeting. An advisor can be an individual of the complainant or respondent’s choosing. An advisor must sign an advisor agreement form before attending any meetings with the complainant or respondent.
See Section IX.E. Right to an Advisor.
Can an advisor speak for or represent a complainant/respondent?
No. The complainant or respondent must speak for and represent themselves.
See Section IX.E. Right to an Advisor.
Can a complainant or respondent decline to participate?
Yes. Either party may decline, at any time, to provide information or participate further in the complaint resolution process. The University may still proceed with the formal process and make a determination based upon the information available.
See Section IX.H. Non-Participation and Silence.
If a complainant or respondent declines to participate in one phase of the process, can they participate in additional phases?
Yes. Even if a party decides not to participate or chooses to stop participating at a phase of the process, the party will still be given the option to participate during additional phases of the process.
See Section IX.H. Non-Participation and Silence.
What happens toward the end of an investigation?
Once the investigators have had an opportunity to interview all parties and witnesses, a close of evidence date will be sent to both the complainant and respondent. The close of evidence date is the date in which the parties must submit any and all information and evidence they would like considered as part of the investigation. After the close of evidence date, the parties will not be permitted to submit new or additional evidence that existed prior to the close of evidence date, unless the investigator, in consultation with the Title IX Coordinator, determines otherwise.
See Section X.F.i. Investigation.
What happens if an investigation needs to be extended?
If the investigators, in conjunction with the Title IX Coordinator, determine that additional investigation is warranted, both parties will be notified of an extension of the investigation.
See Section X.F.i. Investigation.
What happens if new allegations are uncovered during the course of the investigation?
If new allegations of sexual misconduct are uncovered during the course of the investigation, the Title IX Coordinator will meet with the parties to discuss those allegations. Additionally, an amended notice of allegations will be sent to both parties, if appropriate.
See Section X.B. Formal Complaint and Notice of Allegations.
When the investigation is completed, what happens next?
The Title IX Coordinator will determine whether and how the parties receive access to directly related evidence, as well as how adjudication will be handled. This will be determined by the nature of the allegations.
See Section X.F.ii. Access to Information.
What is directly related evidence?
Directly related evidence includes any evidence obtained as part of the investigation that is directly related to the allegations raised in the formal complaint, including evidence upon which the University does not intend to rely in reaching a determination regarding responsibility and inculpatory and exculpatory evidence whether obtained from a party or other source.
See Section X.F.ii. Access to Information.
Who can see the directly related evidence? In what situations is this allowed?
- In cases involving Title IX Sexual Harassment: The complainant, respondent, and advisors are allowed to inspect and to review the directly related evidence.
- In cases involving non-Title IX Sexual Harassment: The complainant, respondent, and advisors do not have access to directly related evidence.
See Section X.F.ii. Access to Information.
How will directly related evidence be shared?
The Title IX Coordinator will send such evidence to each party and each party’s advisor (if applicable) in electronic format or hard copy.
See Section X.F.ii. Access to Information.
Can the complainant, respondent, or advisors share directly related evidence with others?
No. The parties and parties’ advisors are prohibited from disseminating or otherwise sharing the evidence with any other individual. All parties and advisors (if applicable) will be required to sign a non-disclosure agreement.
See Section X.F.ii. Access to Information.
Can the complainant or respondent respond to the directly related evidence?
Yes. The parties can prepare a written response to the evidence (the “Evidence Response Statement”) to the Title IX Coordinator. The Evidence Response Statement may be used as an opportunity to clarify information contained in the directly related evidence, to present the party’s viewpoint about whether the evidence directly related to the allegations is relevant and therefore whether it should be included in the investigation report, and to identify evidence previously provided to the investigator that was not included in the directly related evidence which the party believes is directly related and relevant.
See Section X.F.ii. Access to Information.
What is an investigation report?
An investigation report is a report written by the investigator that fairly summarizes relevant evidence in the formal resolution process.
See Section X.F.i. Investigation.
Who can see the investigation report? In what situations is this allowed?
- For complaints involving allegations of Title IX Sexual Harassment: The complainant, respondent, and advisors (if applicable) will be able to view the investigation report.
- For complaints involving allegations of Sexual Assault, Dating Violence, Domestic Violence or Stalking occurring outside of the education program or activity or against a person outside of the United States: The complainant and respondent will be able to view the investigation report. The advisors do not have access.
- For all other complaints of sexual misconduct: The complainant, respondent, and advisors do not have access to the investigation report.
See Section X.F.ii. Access to Information.
Can the complainant, respondent, or advisors share the investigation report?
No. If a party or advisor shares the investigation report with unauthorized individuals, parties may face action under the University’s disciplinary processes.
See Section X.F.ii. Access to Information.
Can the complainant or respondent respond to the investigation report?
- For cases involving Title IX Sexual Harassment: Yes. The complainant and respondent can prepare a written response to the report (the “Written Response Statement”) to the Title IX Coordinator. The Written Response Statement may be used as an opportunity to clarify points in the investigation report, identify information previously given to the investigator that is not included in the investigation report which the party believes should have been included, or raise other concerns regarding the evidence.
- For cases involving allegations of Sexual Assault, Dating Violence, Domestic Violence or Stalking occurring outside of the education program or activity or against a person outside of the United States: Yes. The complainant and respondent can prepare a written response to the report (the “Written Response Statement”) to the Title IX Coordinator. The Written Response Statement may be used as an opportunity to clarify points in the investigation report, identify information previously given to the investigator that is not included in the investigation report which the party believes should have been included, identify questions a party believes the other party has not yet answered or evidence the other party has not explained, raise other concerns regarding the evidence, and to challenge the credibility of the other party and witnesses.
- For other cases of sexual misconduct: No.
See Section X.F.ii. Access to Information.
Is there an opportunity to review and respond to the other party’s Written Response Statement?
- For cases involving Title IX Sexual Harassment: No.
- For cases involving allegations of Sexual Assault, Dating Violence, Domestic Violence or Stalking occurring outside of the education program or activity or against a person outside of the United States: The parties shall have an opportunity to review the Written Response Statement submitted by the other party and, if desired, may submit a rebuttal statement (the “Written Rebuttal Statement”) to the Title IX Coordinator.
- For other cases of sexual misconduct: No.
See Section X.F.ii. Access to Information.
What is a live hearing?
At a live hearing, each party’s advisor will be permitted to ask the other party and any witnesses all relevant questions and follow-up questions, including those challenging credibility. Such questions will be conducted directly, orally, and in real time by the party’s advisor and will never be conducted by a party personally. Only relevant cross-examination and other questions may be asked of a party or witness.
See Section X.F.iii. Adjudication.
When does a live hearing take place?
A live hearing takes place in cases involving Title IX Sexual Harassment.
See Section X.F.iii. Adjudication.
Who makes up a live hearing panel?
The Title IX Coordinator will designate a panel of three adjudicators to serve as the Title IX Hearing Panel.
See Section X.F.iii. Adjudication.
Where does a live hearing take place?
The hearing will generally be held by video-conference with the parties, witnesses, and Title IX Hearing Panel located in separate locations and technology enabling the Title IX Hearing Panel and parties to simultaneously see and hear the party or the witness answering questions.
See Section X.F.iii. Adjudication.
What if a complainant or respondent does not have their own advisor?
If a party does not have an advisor present at the live hearing, the University will provide an advisor to the party, without fee or charge to that party, to conduct cross-examination on behalf of that party.
See Section X.F.iii. Adjudication.
Can a complainant or respondent decline to participate in a live hearing?
Yes. Either party may decline, at any time, to provide information or participate further in the complaint resolution process.
See Section IX.H. Non-Participation and Silence.
When would a respondent be found responsible for a policy violation?
A respondent would be found responsible if the adjudicators determine the likelihood that the respondent committed a violation is greater than 50% (referred to as a “preponderance of evidence”).
See Section IX.M. Presumption of Non-Responsibility.
What are sanctions?
A sanction is an action against a respondent and is only imposed if the respondent is found responsible for engaging in sexual misconduct.
See Section X.F.iv. Sanctions and Remedies.
What are remedies?
A remedy is designed to address a complainant’s safety and well-being and continued access to educational and workplace opportunities. A remedy may be addressed to the complainant or may be addressed to the University community.
See Section X.F.iv. Sanctions and Remedies.
How is a decision communicated?
The complainant and respondent will simultaneously receive a written notice of the outcome via email.
See Section X.F.v. Notice of Outcome.
What if I disagree with the decision? Can I appeal?
Either the complainant or respondent may appeal a decision made to the Title IX Coordinator.
What are grounds for appeal?
Grounds for appeals are as follows:
- Procedural irregularity that affected the outcome of the matter;
- New evidence that was not reasonably available at the time of the determination regarding responsibility or dismissal was made, that could affect the outcome of the matter; and
- The Title IX Coordinator, investigator, or Title IX Hearing Panel/adjudicators had a conflict of interest or bias for or against complainants or respondents generally or the individual complainant or respondent that affected the outcome of the matter.