IX Initial Assessments of Reports or Complaints of Sexual or Interpersonal Misconduct

When a report of Prohibited Conduct is made to the College, the College will treat both Complainants and Respondents equitably by offering supportive measures to the Complainant and Respondent (if known) as appropriate, and by following the formal or informal processes outlined below before the imposition of any disciplinary sanctions or other actions that are not supportive measures against a Respondent.

Upon receiving a report of conduct that could fall under this Policy, the Title IX Coordinator will assess the need to take any immediate action to address the safety and health needs of the Complainant1 and the Olin community. The initial assessment is a preliminary action to determine the need for any supportive measures; it is not part of an investigation conducted after receipt of a report or complaint.

This initial assessment process includes, but is not limited to, the following:

A. Meeting with the Complainant

The Title IX Coordinator will promptly meet with the Complainant. If appropriate in the circumstances, i.e., if the Complainant wishes to file a complaint through procedures outlined below, the Title IX Coordinator will share information regarding the following, as relevant and appropriate:

  • Encourage the Complainant to discuss the nature and circumstances of the reported conduct, and review relevant documentation that is available;
  • Inform the Complainant of the right to report or the right to decline to report the matter to Public Safety and/or local law enforcement. A report to Public Safety or local law enforcement will not change Olin’s obligation to potentially investigate the matter if a complaint is eventually filed with the College, but it may briefly delay the timing of an investigation if a law enforcement agency requests that the College delay its process for a reasonable amount of time to allow it to gather evidence of criminal conduct;
  • Explain the process for filing a complaint with the Title IX Coordinator;
  • Discuss the availability of supportive measures , regardless of whether a complaint is filed; if supportive measures are requested but not provided to a Complainant, the Title IX Coordinator will document why they were not provided;
  • Discuss protection from, and reporting of, incidents of retaliation;
  • Provide written notification of the counseling, health, mental health, victim advocacy, legal assistance, visa and immigration assistance, student financial aid and other services available both within the College and in the community; and
  • Discuss the importance of preserving relevant evidence or documentation (e.g., texts, emails, notes, photographs, etc.) as appropriate to either party.

If the Complainant indicates that they do not want to participate in a resolution process and/or do not want the College to initiate a resolution process, the Title IX Coordinator will assess whether or not it can respect the Complainant’s preferences by analyzing the factors discussed above.

 

B. Dismissals

The College may dismiss a complaint if:

  • The College is unable to identify the Respondent after taking reasonable steps to do so;
  • The Respondent is not participating in the College’s education program or activity and is not employed by College;
  • The College receives the Complainant’s voluntary withdrawal in writing of any or all of the allegations, the Title IX Coordinator declines to initiate a complaint, and the College determines that, without the Complainant’s withdrawn allegations, the conduct that remains alleged in the complaint, if any, would not constitute Prohibited Conduct even if proven; or
  • the College determines the conduct alleged in the complaint, even if proven, would not constitute Prohibited Conduct. Before dismissing the complaint, the College will make reasonable efforts to clarify the allegations with the Complainant.

Upon dismissal, The College 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 College will notify the parties simultaneously in writing.

The College will notify the Complainant that a dismissal may be appealed on the bases outlined in the Appeals section below. If dismissal occurs after the Respondent has been notified of the allegations, then the College will also notify the Respondent that the dismissal may be appealed on the same bases. If a dismissal is appealed, the College will follow the procedures outlined in the Appeals section.

When a complaint is dismissed, the College 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 Prohibited Conduct does not continue or recur within the College’s education program or activity.

The College strives to complete the initial assessment process within 20 days of when it received the report or complaint, unless extenuating circumstances require extending this time period for good cause shown.



 1.  When a Complainant and Respondent are discussed collectively, they will be referred to as the “parties,” and when they are discussed individually, each will be referred to as a “party.” There may be an instance where another individual, who has not experienced but is aware of the occurrence of Prohibited Conduct, may provide information about Prohibited Conduct. Such an individual will be referred to as the “reporting party.” In specific circumstances, Olin will determine at its discretion which, if any, of the protections and procedural opportunities provided to a Complainant under Olin’s Sexual and Interpersonal Misconduct Policy are also applicable to a reporting party.