If I Want an Investigation, Who Will Handle It?

Cases involving students as alleged perpetrators are handled by the Office of Community Standards and Student Conduct (OCSSC). Cases involving employees as alleged perpetrators are handled by the Office of Equity and Inclusion (OEI). If a crime has been committed, WSUPD will complete a preliminary investigation first. WSUPD, OCSSC and OEI staff are trained to handle their investigations with sensitivity and respect for victim's privacy. Both students and employees can be held accountable to both legal and University authorities for acts which constitute violations of law or University policies. Disciplinary action taken by the university will proceed whether or not any criminal prosecution occurs. 

For Situations Involving Students:

There will be an impartial investigation conducted as quickly as possible by the Office of Community Standards and Student Conduct. If a determination is made that a violation of the Code of Student Conduct may have occurred, the University will initiate disciplinary proceedings against the student.

The accused and the reporting person are entitled to the same opportunities to have others present during a campus disciplinary proceedings as well as a right to appeal the outcome (See section VII for a complete list of rights for both parties). Also, both the reporting person and the accused shall be informed in writing of the outcome of any institutional disciplinary proceeding regarding an alleged violation of the Gender-Based Harassment and Violence Policy.

The standard of review used to determine responsibility is a "preponderance of evidence" standard.  This determination is based on the greater weight of the information and does not require a standard beyond a reasonable doubt.

CSSC will also assess the needfor interim support services.  Wright State University provides a number of interim support services, upon request, to students who are involved in Gender-Based Harassment and Violence offenses.  These include housing and academic accommodations, campus restraining orders, counseling and other support services. No police report, disciplinary complaint or investigation need occur before this option is available.  CSSC will exercise discretion and sensitivity about sharing the identity of the persons involved when arranging for interim support services.  A person can access these services at any time, even if the person initially declined the service.

Every effort will be made to resolve a report in a timely fashion. In most cases, all reports will be resolved within 60 days of being reported.

For Situations Involving Staff or Faculty:

Informal Procedure

Any person who believes he or she has been subjected to discrimination by a staff or faculty member on the basis of a sex, gender, gender identity, gender expression and/or sexual orientation, may file a grievance by communicating (orally or in writing) their concerns to the Office of Equity and Inclusion within one hundred and eighty day of the last incident of alleged gender-based harassment and violence.  The appropriate person to lead efforts to resolve allegations against a staff or faculty member is the Director, Office of Equity and Inclusion and Title IX Coordinator.

Upon receipt of the informal complaint, the Office of Equity and Inclusion will immediately attempt to determine whether a violation of the Gender Based Harassment and Violence Policy has occurred and what responses need to occur.  The standard of review used to determine responsibility is a "preponderance of evidence" standard.  This determination is based on the greater weight of the information and does not require a standard beyond a reasonable doubt.  The Office of Equity and Inclusion will also assess the need for interim support services.  Wright State University provides a number of interim support services, upon request, to staff and faculty members who have been survivors of Gender-Based Harassment and Violence offenses.  No police report, disciplinary complaint or investigation need occur before this option is available.  The Office of Equity and Inclusion will exercise discretion and sensitivity about sharing the identity of the survivor when arranging for interim support services.  A survivor can access these services at any time, even if the person initially declined the service.

The effort to resolve the complaint informally should be completed no less than sixty days from the date the original complaint was received.  The participation of the complainant in an informal effort to resolve a complaint is voluntary and the informal process will be adjusted immediately if the complaint is voluntary and the informal process will be adjusted immediately if the complainant wishes to bypass the informal process in lieu of a formal process or decides not to participate/pursue either process.  To initiate the formal complaint process, the complaint must notify the Office of Equity and Inclusion that he/she would like to file a formal grievance in accordance with the formal procedure detailed below.

At the end of the efforts to resolve the complaint informally, the Office of Equity and Inclusion should record the complaint in a written statement identifying all parties, the complaint and the outcome of the informal review.  Copies of the report should be provided to the Associate Provost for Faculty and Staff Affairs (if respondent is a member of the faculty), or division leader of the division where the employee is based for non-instructional staff members.

Formal Procedure

Any person who believes he or she has been subjected to discrimination by a staff or faculty member on the basis of sex, gender, gender identity, gender expression and/or sexual orientation may file a grievance formally by communicating (orally or in writing) their concerns to the Office of Equity and Inclusion within one hundred and eighty days of the last incident of alleged gender based violence and harassment.  The appropriate person to lead efforts to resolve allegations against a member of the staff or faculty is the Director, Office of Equity and Inclusion and Title IX Coordinator.

The formal complaint should include the name and address of the person filing it, and briefly describe the alleged violation of the policy.

Within these procedures; any student, parent, employee, or other patron who believes he or she has been subjected to discriminatory action by Wright State University (WSU) or someone representing WSU in violation of Gender Based Violence and Harassment Policy can be a complainant.

Upon receiving a grievance, the Office of Equity and Inclusion will conduct an investigation with respect to all timely filed grievances that raise issues under the Gender Based Violence and Harassment Policy.  This grievance procedure contemplates informal but thorough and impartial investigations, affording all interested persons and their representatives, if any, an opportunity to submit information relevant to a grievance.

The Office of Equity and Inclusion will issue a written decision on the grievance no later than sixty days after its filing.  A copy of the written decision will be provided to both the complainant (and alleged victim if different from the complainant) and the person(s) accused.

Upon completion of the investigation, the university will provide a prompt and equitable resolution(s) including taking steps to prevent recurrence of any discrimination that it finds has occurred, and to correct the effects of such discrimination on the complainant and others, if appropriate.

If extenuating circumstances dictate an extension of time, the Director of the Office of Equity and Inclusion or designee will notify the complainant and person(s) accused in writing of the delay, and an estimate of the time frame for completion of the investigation.

In most circumstances, a person(s) accused shall have the right to present information and testimony in an effort to defend actions she/he has taken related to the complaint.  This opportunity will not be available in situations where providing this action will cause undue harm to another party involved in the process (e.g., personal confrontation that would have the impact of harassment, intimidation, etc.).

The person filing the grievance is not expected to prosecute the alleged discrimination claim, but rather the Office of Equity and Inclusion will conduct an investigation under the guidelines prescribed in this procedure.