As defined in the Student Sexual Misconduct Policy, sexual misconduct is any sex- or gender-based behavior, attempted or completed, that goes beyond the boundaries of consent. According to this policy, the intoxication of or lack of intent by a respondent does not diminish responsibility for an act of sexual misconduct. The following behaviors are prohibited: intimate partner violence and abuse, sexual assault, sexual battery, sexual exploitation, sexual harassment, stalking, discrimination, making a bad faith complaint of sexual misconduct, and retaliation.
The Title IX Coordinator or Title IX investigator(s) will request a meeting with you to explain the investigative process as well as your rights within the process. In this meeting, the Title IX Coordinator or Title IX investigator(s) will review relevant University policies, procedures, and support resources. They will also discuss any adjustments that need to be made, such as the implementation of a no-contact order or changes to classes or housing accommodations. These are called interim and supportive measures. The Title IX Coordinator or Title IX investigator(s) will share information with you about the nature of the allegation(s) so you have enough information to respond to the allegations if you choose to do so.
You have a right to have an advisor of your choice present during this meeting and any meeting thereafter that takes place as part of the investigation or appeal process. You will have the opportunity to discuss your perspective of the incident(s) in the first meeting, set up a second meeting to discuss, or decline to participate in an interview with the investigator(s).
For more information about the investigation process, please see Investigation Procedures for Student Matters.
For matters in which there is a student respondent, two investigators will likely participate in the meeting(s) that you have with them as part of the investigation. Both investigators will take notes and ask you questions, but you may decline to answer. The investigators will ask you about what happened and allow you the opportunity to share however much or as little as you like. The investigators will ask follow-up questions to better understand your account, and they will ask you if there are any potential witnesses with whom you would like the investigators to meet as part of their investigation. The investigators will also ask for any potential information or documentation that you might have (texts, screenshots, emails, photos, or other documentation) that could help them better understand the incident(s) in question. The investigators will end the meeting with you by asking you if there is anything you would like to share. If there is information you want the investigators to have that they did not ask about specifically, you are encouraged to share that information.
You have the right to have an advisor of your choice with you during all meetings you participate in during the process.
Once you finish meeting with the investigators, they will meet with other potential witnesses to continue their investigation. For matters in which there is a student respondent, the investigators will compile all of their notes from meetings with you, the complainant, and witnesses and provide this information to you once they have met with everyone and finished their information-gathering. During this time, called information review, you will have an opportunity to see everything collected during the investigation before participating in a response hearing with the investigators and Title IX Coordinator, where you can share with them your response to all of the information. At the conclusion of the process, the investigators will prepare an investigation report and provide it to both you and the respondent.
The Title IX Coordinator and investigators recognize the sensitivity and personal nature of these types of incidents and will ask anyone sharing information during an investigation to respect the privacy of those involved. In accordance with federal law and University policy, the Title IX Coordinator and investigators only share information on a need-to-know basis to those with a legitimate need to know. This means that the individuals usually informed about investigations are those involved in the investigation and possible adjudication processes. These individuals generally include the Title IX Coordinator, Title IX investigators, Title IX administrative assistant, and appeals body, if requested. Notification of other individuals or departments is determined on a case by case basis.
Therefore, if your professors do not have a legitimate need to know about the investigation to perform in their roles as faculty, they will not be informed of it. At times, respondents may find that an investigation divides their attention away from their academics, and they therefore request interim and supportive measures such as a general notification to their faculty that they are experiencing personal difficulties. This notification does not specify anything about the respondent’s involvement in an investigation, but it does request for faculty to offer reasonable flexibility with coursework, deadlines, or exams. Other interim and supportive measures can be discussed based on your specific needs, including any adjustments that may aid in your success at the University after the conclusion of the investigation and/or hearing.
In accordance with federal law and University policy, the University does not contact students’ parents regarding the details of a Title IX report. If you want your parents to know what is going on, it is best that you share this information directly with them or speak to the Dean of Students Office about a FERPA release.
Retaliation is strictly prohibited, and Chapman takes any allegations of retaliation against anyone involved in the investigation or conduct process very seriously. If you believe you have been mistreated or otherwise retaliated against because of your participation in this investigation, please inform the University immediately.
The Chapman University Student Sexual Misconduct Policy prohibits “Adverse action or treatment taken against anyone for reporting, supporting, or assisting in the reporting and/or adjudication of any of the behaviors prohibited in the Student Sexual Misconduct Policy, or against anyone perceived to be involved in any of these actions. This includes intimidation, violation of a No Contact order, harassment, efforts to impede an investigation, or filing a false or bad faith cross-complaint. Retaliation is a violation of policy whether or not the underlying complaint of sexual misconduct is found for be a violation of policy.”
The University will impose sanctions on any faculty, student, or staff member found to be engaging in retaliation, or individuals who encourage third parties to retaliate on their behalf. It is important to note that these expectations are in effect for everyone. If you retaliate against anyone involved in this investigation or conduct process, in any way, you will be subject to further conduct review.