Before dismissing a complaint of Prohibited Conduct, the Institute will make reasonable efforts to clarify the allegations with the Complainant.
The Institute may dismiss a complaint if:
- The Institute is unable to identify the Respondent after taking reasonable steps to do so;
- The Respondent is not participating in the Institute’s education program or activity and is not employed by Munson or the College;
- The Complainant voluntarily withdraws their complaint in writing and the Title IX Coordinator declines to initiate a complaint;
- The Complainant voluntarily withdraws some but not all allegations in a complaint in writing, and the Institute determines that the conduct that remains alleged in the complaint would not constitute Prohibited Conduct under this Policy; or
The Institute determines the conduct alleged in the complaint, even if proven, would not constitute a violation of this Policy.
Upon dismissal, the Institute will promptly notify the Complainant in writing of the basis for the dismissal. If the dismissal occurs after the Respondent has been notified of the allegations, then the Institute will notify the Parties simultaneously in writing. If a dismissal of one or more allegations changes the appropriate decision-making process under these procedures, the Title IX Coordinator will include that information in the notification.
The Institute will notify the Complainant that a dismissal may be appealed on the basis outlined in the Appeals section. If dismissal occurs after the Respondent has been notified of the allegations, then the Institute will also notify the Respondent that the dismissal may be appealed on the same basis. If a dismissal is appealed, the Institute will follow the procedures outlined in the Appeals section of these procedures.
When a complaint is dismissed, the Institute will, at a minimum:
- Offer supportive measures to the Complainant as appropriate;
- If the Respondent has been notified of the allegations, offer supportive measures to the Respondent as appropriate; and
- Take other prompt and effective steps, as appropriate, through the Title IX Coordinator to ensure that discrimination does not continue or recur within the Institute’s educational program or activity.
A Complainant who decides to withdraw a complaint or any portion of it may later request to reinstate it or refile it.
