56|Page The University will provide sufficient time for the Parties to review the Notice of Allegations and prepare a response before any initial interview. 3. Determining Jurisdiction and Mandatory Dismissal for Certain Allegations For alleged violations of Regulatory Prohibited Conduct (Regulatory Quid Pro Quo, Regulatory Hostile Environment Sexual Harassment, Regulatory Dating Violence, Regulatory Domestic Violence, Regulatory Sexual Assault and Regulatory Stalking) the following elements will be determined in the reasonable determination of the Title IX Coordinator: A. The conduct is alleged to have occurred in the United States; B. The conduct is alleged to have occurred in the University’s Education Program or Activity; and C. The alleged conduct, if true, would constitute covered Regulatory Prohibited Conduct, as defined in this Policy. If all of the elements are met, the University will investigate the allegations under the processes set forth in this Policy. If any one of these elements is not met, the Title IX Coordinator will notify the parties the specific allegation contained in the Formal Complaint does not meet the required jurisdictional requirements under the Final Rule and is being dismissed. Any Party may appeal a dismissal using the process set forth in the Appeals section below. Dismissal of any violations constituting Regulatory Prohibited Conduct will not affect the University’s ability to proceed with an investigation of allegations categorized as Non-Regulatory or other allegations under this Policy or any other University Policy. 4. Discretionary Dismissals for All Allegations The Title IX Coordinator may dismiss a Formal Complaint brought under this Policy, or any specific allegations raised within that Formal Complaint, at any time during the investigation or hearing, if: A. A Complainant notifies the Title IX Coordinator in writing that they would like to withdraw the Formal Complaint or any allegations raised in the Formal Complaint; B. The Respondent is no longer enrolled in, associated with or employed by the University; or C. If specific circumstances prevent the University from gathering evidence sufficient to reach a determination regarding the Formal Complaint or allegations within the Formal Complaint. Any Party may appeal a dismissal using the process set forth in the Appeals section below. 5. Allegations Potentially Falling Under Two Policies If a Formal Complaint against a Respondent who is a Student contains allegations of a violation of any of the listed Sexual Misconduct Violations in this Policy, as well as any other violation in the Student Code of Conduct, the Sexual Misconduct Resolution Process set forth in this Policy will be applied in the investigation and adjudication of all of the allegations. If all of the alleged Sexual Misconduct Violations of this Policy are dismissed, and the remaining underlying allegations, if true, would violate another University policy or the University’s Student Code of Conduct, the matter may be referred for further action by the University’s Office of Student Conduct, as appropriate.
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