The Title IX Coordinator will review a formal complaint filed by a Complainant. In order to comply with Title IX regulations, the Title IX Coordinator must “dismiss” the Title IX Category violation(s) if it is apparent that the allegations are not within the scope of Title IX, including that the conduct alleged:
- would not constitute sexual harassment as defined above as a Title IX Category violation, even if proved,
- did not occur in Munson’s education programs or activities, or
- did not occur against a person in the United States.
Notice of dismissal of the Title IX Category violation(s) will be in writing and issued to both the Complainant and Respondent. The Title IX Coordinator may determine at any point in the process that facts have emerged that require the dismissal of a Title IX Category violation. A decision to dismiss a Title IX Category violation is immediately appealable by the complainant, pursuant to the appeals section of this Policy. Even if Title IX Category violations are subject to dismissal, Munson may continue to process the allegations as Munson Category violations, assuming that the allegations, if true, would constitute Munson Category violations.
The Title IX Coordinator may, but is not required to, dismiss formal complaints in the following circumstances:
- When the complainant withdraws a formal complaint;
- When the respondent is no longer enrolled in or employed by Munson; and
- Where specific circumstances prevent Munson from gathering evidence (such as where a complainant refuses to cooperate but does not withdraw a formal complaint).
The decision to dismiss or not to dismiss a charge under these circumstances will depend on the totality of the situation. Any party may appeal a dismissal determination under the appeals process set forth below.
