A university investigation is an administrative process subject to university policy and procedure, and not a legal proceeding.
The purpose of a university investigation is to determine what happened, who, if anyone, is responsible for what happened, and whether the university discrimination/harassment policy has been violated.
The University has multiple ways of responding to and addressing reports of harassment and discrimination, including conducting a formal investigation. Not all reports of harassment or discrimination result in or are addressed through an investigation.
Accommodations
The University of Oregon is committed to ensuring an inclusive, accessible, and equitable process for all participants. Employees with a disability who require a reasonable accommodation in order to participate in any part of the investigative process should contact the ADA Coordinator. Student requests for accommodations should be directed to the Accessible Education Center (AEC). Requests for accommodations should be made as soon as possible to ensure the University has sufficient time to review and process the accommodation request.
Participants who wish to request language interpretation or translation services, for a need other than a disability accommodation, should notify the Office of Equal Opportunity and Access of the request in writing as soon as possible during the process.
Supportive Measures and Confidential Resources
The University provides reasonable supportive measures — including but not limited to counseling, modifications of work or class schedules, campus escort services, and other support services — for Complainants, Respondents, and other university employees or students participating in its investigation processes. Students or employees may access these supportive measures and confidential resources regardless of whether the University decides to conduct a formal investigation. A list of resources is available on the Support and Resources page.
Initial Assessment
In order to determine whether an investigation will be initiated, the University conducts a preliminary assessment of the report to determine whether the University has jurisdiction over the conduct alleged in the report, and whether that conduct, if true, could constitute a violation of University policy. If the University determines that it has jurisdiction over the alleged conduct and there is a potential violation of university policy, the University may initiate an investigation. Investigation of conduct that involves discriminatory misconduct (e.g., conduct based on a protected characteristic, including sexual harassment) follows the investigation process set forth below. The University’s decision not to investigate is not appealable, except for Title IX claims that are appealable on the bases set forth in the Title IX section below.
Privacy
Participants in the process including parties and their advisors must adhere to the University’s privacy expectations. As set forth in the University’s Prohibited Discrimination and Retaliation policy, “Information received in connection with the reporting, investigation, and resolution of allegations of Discriminatory Misconduct will be treated as private and will not be disclosed except to those individuals whom the University determines are necessary to conduct an appropriate investigation, to provide assistance and resources to parties, to perform other appropriate university functions, or in accordance with applicable law.” Additional privacy expectations may apply for student records under the Family Educational Rights and Privacy Act (FERPA) and for employee records under university policy and state law. Questions about what may be disclosed and to whom should be directed to the Office of Equal Opportunity and Access (OEOA).
Investigation Process
Notice of Allegations
In cases where the University decides to investigate, the Chief Civil Rights Officer or designee will issue a written Notice of Allegations. The Notice of Allegations communicates what has been alleged, what policy(ies) may have been violated, and outlines the investigation and adjudication process to be used to resolve the complaint. The Notice of Allegations will be provided to both the Complainant and Respondent at the same time; in some cases the University may serve as the Complainant.
The date of the Notice of Allegations marks the date the investigation begins.
Timeline for the Investigation and to Resolve the Complaint
The University works to investigate complaints as thoroughly and expeditiously as possible. Generally, investigations are completed within 90 business days from the date of the Notice of Allegations. However, the exact timeline is case specific. Both Complainant and Respondent (hereafter, “the parties”) will receive updates from the Investigator regarding the timeline for resolution.
Presumption of Non-Responsibility
The Respondent is presumed not responsible for violating University policy based on the conduct alleged in the Notice of Allegations until a determination has been made regarding responsibility at the close of the investigation.
Information Collected as Part of an Investigation
Typically, the information that is gathered as part of an investigation includes but is not limited to:
- Interviews
- Statements of Complainant, Respondent and witnesses
- Relevant evidence such as:
- Texts
- Emails
- Notes
- Photographs
- Recordings
- Documents
- Diagrams and pictures
- Other written, non-written, hard-copy and electronic materials
The University will not rely upon, or seek disclosure of, information protected under a legally recognized privilege (such as privileged medical or counseling records), unless the person holding such privilege has waived the privilege. The University will also not consider evidence obtained in violation of state or federal laws, or information about the Complainant’s sexual predisposition or prior sexual behavior unless offered to prove that someone other than the Respondent committed the conduct alleged by the Complainant, or if the information concerns specific incidents of the Complainant’s prior sexual behavior with respect to the Respondent and is offered to prove consent.
Once the Investigator has finished interviewing witnesses and gathering information, the Investigator will prepare a Draft Investigation Report that summarizes the relevant evidence but does not make any conclusions or determinations as to whether the policy has been violated. The Draft Investigation Report will be provided to each Party, who will then have ten (10) days to submit one written response to the Investigator.
After receipt of any written responses, the Investigator may engage in additional fact-finding as necessary. Once fact-gathering is concluded, the Investigator will issue a Final Investigation Report that addresses the Parties’ responses as appropriate, includes any additional relevant information, and determines whether a violation of university policy occurred. When making findings of responsibility, the University applies a preponderance of the evidence standard (i.e., asking if based upon the information provided, it is more likely than not that the Respondent is responsible for the alleged violation).
The Final Investigation Report will be provided to the Parties and may be provided to other university representatives, such as supervisors and Employee and Labor Relations representatives.
Any employee found responsible for a violation of university policy may face disciplinary sanctions up to and including termination from employment. Sanctioning determinations will be made under advisement by the University’s Employee and Labor Relations team, following progressive discipline standards set forth in collective bargaining agreements and university policy, as applicable.
Disciplinary decisions may be grieved through appropriate employee processes including under the employee grievance policy or related collective bargaining agreement grievance processes, as applicable.
Additional Procedures for Title IX Claims
The following processes apply to “Title IX claims,” which are allegations that meet the definition of sexual harassment under the Title IX Rulemaking at 34 CFR section 106. This includes conduct on the basis of sex that satisfies one or more of the following: (1) Quid pro quo: An employee of the institution conditioning the provision of an aid, benefit, or service of the University on an individual’s participation in unwelcome sexual conduct; (2) Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the recipient’s education program or activity; or (3) “Sexual assault” as defined in 20 U.S.C. 1092(f)(6)(A)(v), “dating violence” as defined in 34 U.S.C. 12291(a)(10), “domestic violence” as defined in 34 U.S.C. 12291(a)(8), or “stalking” as defined in 34 U.S.C. 12291(a)(30).
For Title IX claims, the Parties will be provided an opportunity to inspect and review evidence obtained as part of the investigation that is directly related to the allegations, the option for a live hearing before a separate decision-maker, and the right to an advisor of their choice.
During the live hearing, parties and witnesses are subject to cross-examination by the parties' advisors. Parties are prohibited from asking one another questions and from questioning witnesses. The University will provide the parties with the Rules of Decorum for the hearing. Hearings are held remotely. Following the hearing, the Decision-maker presiding over the hearing shall issue a Notice of Findings that summarizes the relevant information gathered during the investigation and includes a determination as to whether a violation of University policy occurred. When making findings of responsibility, the University applies a preponderance of the evidence standard (i.e., asking if based upon the information provided, it is more likely than not that the Respondent is responsible for the alleged violation). The Notice of Findings will be provided to the parties and to other University representatives, such as supervisors and Employee and Labor Relations representatives, as necessary to address policy violations and concerning behavior.
Parties may appeal Title IX claims in the Notice of Findings by submitting an appeal request via email to the Office of Equal Opportunity and Access (OEOA) (eoa@uoregon.edu) within ten (10) days of the decision. Appeals are limited to the following bases: (1) procedural irregularity that affected the outcome of the matter; (2) new evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made, that could affect the outcome of the matter; and/or (3) bias or conflict of interest by the Title IX Coordinator, Investigator, or Decision-maker that affected the outcome of the matter.
The non-appealing party will be notified of the appeal and will be provided seven (7) days to submit a written response. The appeal will then be assigned to an Appeal Administrator who will issue a determination within forty-five (45) days. Except as the Appeal Administrator determines necessary when the appeal is based on new evidence, an appeal is limited to the information in the Record.
Participation in the Investigation
An investigation is how the University gathers information about a complaint in order to determine whether the Respondent violated university policy. The Investigator will produce the Final Investigation Report based on the information made available to the Investigator or information that the Investigator was reasonably able to gather during the investigation. Non-participation in an investigation by a Respondent, Complainant, or a witness will not prevent the investigation from proceeding. The University encourages students to fully participate in an investigation and expects that employees will participate in an investigation.
In non-Title IX cases where the Complainant is not affiliated with the University and the Respondent is a university employee, information sharing with the Complainant may be more limited.
Early Dismissal
The University has discretion to dismiss the Notice of Allegations, either in whole or in part, at any time after the Complainant has had the opportunity to speak with the Investigator. A dismissal is appropriate only in cases where (a) upon viewing the information in the light most favorable to the Complainant, there is insufficient information to find that the Respondent violated university policy; (b) the Complainant notifies the Investigator in writing that they would like to withdraw the complaint or any allegations in the Notice of Allegations, or (c) the Respondent is no longer employed by the University and the University determines that it is in the institution’s interest to not further pursue the investigation. A dismissal should not be based on an assessment of the credibility of a party or witness and is intended only in rare cases where a full Investigation Report and/or Notice of Findings is deemed unnecessary under the circumstances. The parties will both receive notice of any dismissal and shall have seven (7) days to appeal an early dismissal.
Bias
At any point during the process, a Party may allege that an Investigator, Decision-maker, or other university official has a conflict of interest or bias. A Party alleging bias must make specific factual allegations about conduct by the individual in question as to why the individual cannot be fair or impartial under the circumstances of a particular case. The fact that the Investigator or Decision-maker previously or is currently handling other cases involving the same Party, or previous roles or positions held by the Investigator, Decision-maker, are not on their own indicators of bias. Upon a finding of bias or conflict of interest, the University will delegate a new person to fill the role of the individual determined to have a bias or conflict of interest.
Prohibition on Retaliation
Retaliation is prohibited by university policy and state and federal law. The University will not tolerate retaliation in any form against any individual who makes an allegation, files a report, serves as a witness, assists a Complainant or Respondent, or participates in an investigation under these procedures. Should you believe that you are the subject of an act of retaliation, contact the Office of Equal Opportunity and Access immediately so that someone may assess the situation and offer assistance and resolution as appropriate.
Advisors for Complainants and Respondents
The following applies to individuals who are not represented by a union:
You may bring an advisor to any interview with the Office of Equal Opportunity and Access (OEOA) and any administrative meeting related to a complaint which is being investigated or addressed by OEOA. Your advisor may not also be a witness in the matter being addressed by OEOA. Choosing an advisor who is also a witness in the process creates potential for bias and conflict-of-interest. A party who chooses an advisor who is also a witness can reasonably anticipate that issues of potential bias will be explored by the decision-maker(s) in the formal process.
Your advisor may offer support to you; however, your advisor may not speak or act on your behalf or take any action that impedes or disrupts any interview, meeting, or the University’s investigation and resolution of a complaint. The only time that an advisor may otherwise participate is as described in the rules for the live hearing portion of the Title IX Process.
If you intend to bring an advisor to an interview or meeting, we ask that you complete the Advisor Designation Form and return it to OEOA before your initial OEOA interview or meeting.
The following applies to employees represented by a bargaining unit (e.g., United Academics, Graduate Teaching Fellows Federation, Service Employees International Union, University of Oregon Police Association, University of Oregon Student Workers, or Teamsters):
As a represented employee, you are entitled to have a union representative or another advisor with you at any interview with the Office of Equal Opportunity and Access (OEOA) and any administrative meeting related to a complaint which is being investigated or addressed by OEOA, provided your advisor is not also a witness in this matter. Your advisor may offer support to you; however, your advisor may not speak or act on your behalf, nor take any action that impedes or disrupts any interview, meeting, or the University’s investigation and resolution of a complaint. Advisors who are also union representatives may seek clarification of questions, ask you questions eliciting further relevant information, and may suggest other witnesses to be interviewed. The only time that an advisor may otherwise participate is as described in the rules for the live hearing portion of the Title IX Process.
If you intend to bring an advisor to an interview or meeting, we ask that you complete the Advisor Designation Form and return it to OEOA before your first OEOA interview or meeting.
Office of Equal Opportunity and Access (OEOA) communication with Complainants, Respondents, and advisors:
OEOA will communicate directly with Complainant and Respondents. Once the Advisor Designation Form is completed by a Complainant or Respondent requesting that an advisor be copied, OEOA will make reasonable efforts to copy advisors on communications sent to a Complainant or Respondent.
Workplace Fairness Requirements
State law makes it an unlawful employment practice for employers to discriminate on the basis of an individual’s race, color, religion, sex, sexual orientation, national origin, marital status, age, and/or disability, and such claims arising on or after September 29, 2019, are subject to a five-year statute of limitations. Anyone who experiences workplace harassment may seek redress from the University by submitting a complaint to the Office of Equal Opportunity and Access. The University promptly reviews all reports of workplace harassment pursuant to the processes set forth above. Individuals who experience workplace harassment may also seek relief through the Bureau of Labor and Industries’ complaint resolution process under ORS 659A.820 to 659A.865, or in a court of law. Legal claims against the University or any other public body must comply with ORS 30.275, which requires a notice of tort claim within 180 days of the alleged loss or injury.
Pursuant to state law, the University may not require or coerce an employee to enter into a nondisclosure or non-disparagement agreement. However, an employee may voluntarily request to enter into an agreement that includes a nondisclosure, nondisparagement, or no-rehire provision. Employees who enter into such agreement will have at least seven days to revoke any such agreement. Employees are encouraged to document any incidents involving conduct that constitutes prohibited discrimination under state and federal law. See ORS 659A.001 et seq.
Remedial Action
In cases involving discriminatory misconduct or respectful workplace violations, the Chief Civil Rights Officer and/or Chief Human Resources Officer may review the complaint, investigation report and/or any sanction to determine whether additional remedies for the parties or university community are necessary to restore and preserve equal access to the University’s education programs and activities, or to maintain a respectful workplace. Examples of such remedies may include the continuation or initiation of supportive measures, facilitated dialogues, and/or training for members of the University community, as well as modifications to academic, employment, or housing conditions or assignments.
NSF Notification Requirements Regarding Harassment and Sexual Assault
On September 21, 2018, the National Science Foundation (NSF) published in the Federal Register a final notice of a new award “term and condition regarding sexual harassment, other forms of harassment, and sexual assault.” The term and condition is effective October 22, 2018. On and after that date, new NSF awards and funding amendments to existing awards are subject to the notification requirement. Accordingly, the University must notify NSF promptly of allegations and findings of “sexual harassment, other forms of harassment, or sexual assault” against an NSF-funded principal investigator (PI) or co-PI, as well as interim administrative actions imposed by the University (e.g., administrative leave or curtailment of certain university duties).
The requirement to notify NSF applies to allegations of harassment, sexual harassment, and sexual misconduct. Harassment for the purposes of these procedures is defined as harassment of individuals protected under federal civil rights laws. This includes harassment based on race, color, religion, sex, pregnancy status, sexual orientation, sexual identity, national origin, age, disability and genetic information. Sexual harassment and sexual misconduct are defined in the University’s Prohibited Discrimination and Retaliation policy, V.11.02. Where the University intends to initiate an investigation involving a faculty member, the University will take the following actions:
- Notice of Administrative Action. The University may place a faculty member on administrative leave (“Administrative Action”) while allegations of harassment, sexual harassment or sexual misconduct are under investigation. When taking Administrative Action, the University will determine whether the Respondent is a PI or co-PI on any current NSF award(s), including sub-award(s). Administrative Action does not occur in all cases involving allegations of harassment.
- Notification to NSF re Administrative Action. If the Respondent is a PI or co-PI on any NSF award(s), including sub-award(s), NSF will be notified within ten (10) business days of the Administrative Action, in accordance with NSF requirements (presently via the “Organizational Notification of Harassment Form” on the NSF website). The notification will describe the Administrative Action and the reasons for it but will not identify the Complainant or witnesses.
- Notification to NSF re Finding of Responsibility. If a Respondent who is a PI or co-PI on any NSF award(s), including sub-award(s), is found responsible for violating a university policy prohibiting harassment, sexual harassment, or sexual misconduct, NSF will be notified within ten (10) business days of such final determination of responsibility in accordance with NSF requirements (presently via the “Organizational Notification of Harassment Form” on the NSF website). NSF will also receive notice where the University determines that no policy violation occurred.