Sexual Harassment (Title IX) and Other Sex-Based Misconduct

You can speak confidentially with on-campus resources like the University Counseling Center, University Health Services, and vowed religious staff in Campus Ministry.  Off-campus resources, such as RAINN.org and the Family Justice Center of St. Joseph County also provide confidential support.  Unless there is an imminent threat to you or the community, these confidential resources will not share the information you disclose to them including with OIE.  Learn more about available on- and off-campus resources.

The University’s policies prioritize your safety and comfort over disciplinary actions for minor violations like alcohol use or parietals violations.  If you disclose information about these types of possible violations when you file a report or in the course of an investigation or alternative resolution process, OIE will not refer you to the Office of Community Standards.

Even if the alleged harasser is not a Notre Dame student or employee, you can still report the incident to OIE.  The University will assess the impact on the community and may take steps to prevent a recurrence.  While the University’s ability to investigate or impose disciplinary sanctions on unaffiliated individuals may be limited, support and safety measures are still available to you.

If the alleged harasser is affiliated with Saint Mary’s College or Holy Cross College, those colleges’ sexual harassment processes may apply.

• Saint Mary’s College’s policies and procedures
• Holy Cross College’s policies and procedures

Retaliation is strictly prohibited. The University’s Non-Retaliation Policy protects you from experiencing an “adverse action” because you filed a complaint, had a complaint filed against you, or participated in an investigatory or alternative resolution process. If you feel that you have been retaliated against you should report it to OIE immediately at speakup.nd.edu.

The University may address concerns about retaliation by incorporating the allegations into an ongoing investigation or through a separate investigation, depending on the circumstances of the complaint.

You can request supportive measures from the Office of Institutional Equity.  OIE will evaluate whether steps may be available to address any safety or well-being concerns or to ensure that you have continued access to educational or employment opportunities.  Supportive measures could include adjustments to class or work schedules, changes in University-owned housing, or implementation of no-contact directives.  These measures may be available regardless of whether you ultimately pursue a formal investigatory or alternative resolution process.

No, except in rare circumstances. When a report is filed with the Office of Institutional Equity, a staff member will reach out to the allegedly harmed individual to provide information about available support and resources. The individual is under no obligation to respond to OIE or provide information about the alleged incident(s).

If the allegations, if substantiated, would violate the University’s policies, a staff member will inform the individual of their ability to request an investigation. An investigation will not be initiated without the individual’s request except under certain circumstances such as when one or more of the following factors are present:

• A pattern of behavior involving the alleged harasser, a group of individuals, and/or a specific location;
• Threats of future sexual or other violence by the alleged harasser;
• The use of a weapon;
• Whether the allegedly harmed individual is a minor; and/or
• Other risks to the University community. 

Yes, in most circumstances.  Any party can request an alternative resolution, such as a mediated discussion or restorative conference, rather than an investigatory process.  The University considers requests for alternative resolution on a case-by-case basis and prioritizes the parties' safety and the campus community’s well-being.  If an alternative resolution process is possible, an OIE staff member will explain all options to the parties so they can make an informed choice​.  The alternative resolution process is entirely voluntary and all parties must agree to pursue it before moving forward.

Parties can request that an alternative resolution process be utilized even after an investigation has already been initiated. Parties can also request to pursue an investigation if the alternative process is not productive or they otherwise change their mind.  However, once a decision has been reached at the end of an investigatory process about whether a policy violation occurred, or once an agreement is reached in an alternative process, parties can no longer request that a different resolution process be initiated.

Investigators aim to complete the investigation portion of the process within 60 calendar days of the filing of a formal complaint.  However, in some circumstances, it may not be possible for an investigation to conclude in this time frame.  This might be due to the complexity of the matter (e.g., number of parties and witnesses involved, volume of documents, etc.), external factors (e.g., inability to obtain evidence due to an ongoing criminal case), or other reasons.  When circumstances like this arise, the University will keep the parties informed about the anticipated timeline of the investigation.

During or prior to an investigation into sexual harassment claims, parties can request various supportive measures such as changes to class or work schedules, adjustments in University-owned housing, access to counseling, and no-contact orders.  Other on- and off-campus support is also available.  

Additionally, if an investigation is pursued, parties are entitled to obtain an advisor or request that the University appoint one to them.  Advisors are meant to provide you with advice during the process and assist at various specified points, such as during the hearing.  University-appointed advisors are local attorneys that are provided at no cost to the parties.  

The University recognizes the importance of confidentiality and expects all administrators involved in the process (e.g., investigators, hearing board members, hearing coordinators, etc.) to protect the confidentiality of the process to the extent reasonably possible. Others involved in the process, such as witnesses and other parties, are similarly encouraged to respect confidentiality and discuss the matter only with those who have a genuine need to know.

There are circumstances where the University may be legally required to disclose information about a complaint such as if ordered by a court during a legal proceeding. Disclosure may also be necessary to effectively conduct an investigation. Please remember that you can speak with a confidential resource at any time who will keep all matters confidential except in extenuating circumstances. 

No.  All sexual harassment hearings are conducted virtually, meaning you will not have to be physically present in the same room as other parties or witnesses.  Parties are expected to be present virtually for the duration of the hearing.