When a Complainant requests that the Institute not use their name as part of any resolution process, or that the Institute not take any further action, the Institute will generally try to honor those requests. However, there are certain instances in which the Institute has a broader obligation to the community and may need to act against the wishes of the Complainant. In such circumstances, the Title IX Coordinator will notify the Complainant in writing of the need to take action. The Title IX Coordinator may consider whether to move forward against a Complainant’s wishes at any point, including after an initial disclosure or report (whether by the impacted party or another individual), after intake, or after the Complainant wishes to withdraw their request to investigate. The factors the Title IX Coordinator may consider when determining whether to act against the wishes of a Complainant include but are not limited to:
- The Complainant’s request not to proceed with initiation of a complaint and/or a formal resolution process;
- The Complainant’s reasonable safety concerns regarding initiation of a complaint;
- The risk that additional acts of Prohibited Conduct would occur if a complaint is not initiated;
- The nature and severity of the alleged conduct;
- The age and relationship of the parties, including whether the Respondent is an employee of the Institute;
- The scope of the alleged Prohibited Conduct, including information suggesting a pattern, ongoing or an escalation of Prohibited Conduct by the Respondent, whether there have been other Prohibited Conduct complaints about the Respondent, and/or whether Prohibited Conduct is alleged to have impacted multiple individuals;
- Whether the Respondent has a history of arrests or disciplinary records or if there is an increased risk that the Respondent will commit additional acts of violence; and other aggravating circumstances;
- Whether the responding party has a history of violent behavior or is a repeat offender;
- The availability of evidence to assist a Decision Maker(s) in determining whether discrimination occurred;
- Whether the Institute could end the alleged discrimination and prevent its recurrence without initiating its resolution procedures under this Policy;
- Whether the conduct as alleged presents an imminent and serious threat to the health or safety of the complainant or other persons, or that the conduct as alleged prevents the Institute from ensuring equal access on the basis of sex to its education program or activity;
- Whether the alleged incident involved the use of a weapon, force, or violence.
Where the only parties to the situation are employees, the Institute will be less inclined to honor a request for confidentiality. The Title IX Coordinator has ultimate discretion over whether the Institute proceeds when a Complainant does not wish to do so. This Policy provides the Complainant with as much control over the process as possible, while respecting the Institute’s obligation to protect its community and follow the law. If, after considering the above-mentioned factors, the Title IX Coordinator determines that the conduct as alleged presents an imminent and serious threat to the health or safety of the reporting party/Complainant or other person, or that the conduct as alleged prevents the Institute from ensuring equal access on the basis of sex to its education program or activity, the Title IX Coordinator may initiate a complaint. If the Title IX Coordinator decides to initiate a complaint against the Complainant’s wishes, the Title IX Coordinator will inform the Complainant or reporting party of the action(s) and provide necessary support to protect and assist them. The information a Complainant or Reporting Party provides to a non-confidential resource will be relayed only as necessary for the Title IX Coordinator to investigate and/or seek a resolution.
