Division of Campus Life

Discrimination and Harassment Standard Operating Procedure for Addressing and Responding to Reports and Complaints

Breadcrumb

Discrimination and Harassment Standard Operating Procedure for Addressing and Responding to Reports and Complaints

1.0 Standard Operating Procedure (SOP) Purpose

The purpose of this SOP is to outline the procedural steps that will be taken when a Report or Complaint has been filed with the Office of Equity Compliance and Reporting in the Division of Campus Life (“OECR”) alleging Prohibited Conduct in violation of the Nondiscrimination and Anti-Harassment Policy (“Policy”).

Brown University (“University”) has created these procedures to provide fair, prompt, and consistent mechanisms for the resolution of Complaints alleging violations of the Policy. These procedures provide information about the reporting and complaint process as well as resolution procedures.

The availability of these procedures is not intended to impair or limit the right of any individual to seek a remedy available under applicable law (see Section 6.5 for a listing of federal, state, and local law enforcement agencies).

In all cases in the Policy and this SOP where a University official is referenced, it shall include their designee.

 

2.0 SOP

2.1 General Matters

These provisions apply to the entirety of this SOP.

2.1.1 Privacy of Complaints and Reports

OECR is a private office and will only disclose information related to a Report or Complaint of Prohibited Conduct to parties to a Report, Parties to a Complaint, to those who have a legitimate business need to know said information, or as otherwise permitted or required by law or University policy.

Reports, Complaints, and any information gathered under this SOP are subject to confidentiality requirements set forth in University policy and any state and federal confidentiality obligations, including but not limited to the Family Educational Rights and Privacy Act (FERPA).

2.1.2 Communication

All communication made to Parties and witnesses to this SOP will be made to their official University issued brown.edu email address and/or an email address designated in University records by the Party or witness. A Party or witness is deemed to be on notice of the communication on the date said communication was sent. Failure to acknowledge or respond to any communication will not delay the processes described in this SOP. Parties who fail to respond to a communication or notice will continue to receive notices prescribed in this SOP but may not receive an extended time to respond to or comply with the request or information provided in the notice. Failure to acknowledge or respond to any communication is not grounds for appeal of the outcome of any process described in this SOP.

2.1.3 Advisors

Complainants and Respondents may be accompanied by one adviser of their choice, including advocates and/or union representatives, at meetings and investigation interviews. Advisors may not be attorneys. Individuals who may also serve as a fact witness may not serve as an advisor.

Advisors may not actively participate or speak for or answer questions on behalf of the Party. Parties may request to privately consult with their advisor. Witnesses are not entitled to be accompanied by an adviser at meetings and investigation interviews. The University does not provide or identify advisors.

2.1.4 Timeframe for Reporting

The University encourages individuals to Report allegations of Prohibited Conduct in a timely manner to maximize the University’s ability to respond promptly and equitably. The University does not limit the timeframe for reporting. However, the University’s ability to respond may be hampered by significant reporting delays.

The University cannot pursue disciplinary action against an individual who is no longer affiliated with the University. Under those circumstances, however, the University will provide reasonably available support and resources, and take reasonable measures designed to eliminate any hostile environment, prevent recurrence of the conduct, and address its effects. 

2.1.5 Supportive, Responsive, or Interim Measures

Individuals are not required to file a Complaint to receive Supportive Measures, Responsive Measures, or Interim Measures reasonably designed to remedy the effects of the alleged behavior. After review of the matter, the University may, if appropriate, implement Supportive Measures, Responsive Measures, or other Interim Measures. Supportive Measures and Responsive Measures may, at times, constitute a resolution to a reported matter and negate the necessity to resolve the matter in accordance with the Informal Resolution Process or Formal Resolution Process as described in Section 2.3.2.

The University may also implement Interim Measures prior to completing a complaint resolution process based on the nature of the alleged conduct. Such actions include but are not limited to involuntary placement of an employee on paid leave, no contact orders, interim suspension, removal from campus, reassignment of work or housing location, or other means. The decision to implement Interim Measures is made on a case-by-case basis in consultation with the Office of Student Conduct and Community Standards (“OSCCS”) for students, University Human Resources (“UHR”) for staff, and the Office of the Provost and/or relevant dean for faculty. Failure to comply with an Interim Measure may constitute a violation of applicable University policy and may result in disciplinary action.

Discipline will not be imposed absent a finding that the Respondent is responsible for a violation of the Policy using the Formal Resolution Process.

2.2 Making a Report

A Report is notification to the University that an individual believes Prohibited Conduct occurred. Individuals can make a Report and receive Supportive Measures without filing a Complaint. Making a Report does not automatically initiate a Complaint. See Section 2.3 for information about initiating the Informal Resolution Process or Formal Resolution Process.

Individuals may report any behavior they believe in good faith may constitute a violation of the Policy. Individuals are not expected to know for certain whether behavior constitutes Prohibited Conduct prior to reporting such behavior.

The University is limited in its ability to address matters reported anonymously but will take reasonable measures to respond effectively given the information available, including evaluating whether it is necessary or possible to initiate a Formal Resolution Process.

2.2.1 Addressing and Resolving Reports

  • Information related to making a Report is outlined in Section 2.2.
  • Upon receipt of a Report, OECR will conduct an initial assessment as described in Section 2.2.3.
  • Parties can request Supportive Measures, as described in Section 2.1.5, without filing a Complaint.
  • The University may implement Supportive Measures, Responsive Measures, and Interim Measures and/or educational conversations without receiving or initiating a Complaint.
  • Matters that are reported to OECR are private and will not be disclosed except for legitimate business needs or as permitted or required by law.

2.2.2 How to Make a Report

Individuals who wish to make a Report of alleged Prohibited Conduct may do so by contacting OECR using this form or by contacting equity_reporting@brown.edu. For assistance making a Report, please contact the OECR at equity_reporting@brown.edu or visit OECR at 20 Benevolent Street. 

Upon receipt of a Report, OECR will take appropriate responsive steps, which may include but are not limited to contacting the impacted party, providing Supportive Measures and Responsive Measures, and implementing Interim Measures.

2.2.3 Initial Assessment of Reports

OECR will review incoming Reports and determine if the Report falls within the jurisdiction of the Policy. If the matter does not fall within the purview of the Policy, the matter will be addressed as appropriate, including but not limited to referral to another office. 

It is the practice of the University to address all reported concerns of Prohibited Conduct that fall within the purview of this Policy by taking action to stop the behavior, remedy the effects of such behavior, and prevent it from recurring. The University may use the Informal Resolution Process or Formal Resolution Process described in this SOP or other appropriate measures to accomplish these outcomes, including but not limited to Supportive Measures, Responsive Measures, educational conversations, and Interim Measures. When a matter is deemed to fall within the bounds of the University's statement on academic freedom and freedom of expression, the University will nonetheless act to ensure the behavior does not create or contribute to the creation of a hostile environment.

During the initial assessment, OECR will consider all known circumstances and evaluate the allegation using the appropriate criteria including, but not limited to whether the known parties are Covered Persons under the Policy and whether the allegations, if true, would rise to a violation of the Policy.

In making the initial assessment and determining the appropriate action, OECR will:

  • conduct an inquiry to try to determine what occurred. The extent of the inquiry and responsive steps will depend on the specific circumstances including the nature and location of the alleged conduct, the University’s relationship to the impacted party, and the University’s relationship to and level of control over the organization or individual alleged to have engaged in the conduct; and
  • take prompt steps reasonably calculated to stop any substantiated conduct, prevent its recurrence, and, as appropriate, remedy its effects.

2.2.4 Resolution of a Report

A Report is considered to be closed when (1) the impacted party indicates they do not wish to proceed with the Informal Resolution Process set forth in Section 2.4 or the Formal Resolution Process set forth in Section 2.5 and the University decides not to initiate a Complaint, (2) when, after making an initial assessment, the University determines that in light of the known facts all necessary action has been taken to stop the behavior, prevent its recurrence, and remedy the effects, (3) Supportive Measures, Responsive Measures, or Interim Measures have resolved the matter to the impacted party’s satisfaction, and/or (4) when the University has, if necessary, implemented measures designed to prevent or remedy a potentially hostile environment.

Impacted parties will receive notice that the matter has been closed. The University or a Complainant may reopen a matter and initiate a Complaint as described in Section 2.3 at any time, provided that the matter has not already been resolved pursuant to a complaint resolution process.

Accused parties may not receive notice that a Report has been made unless (1) an Informal Resolution Process, as described in Section 2.4, is requested or Formal Resolution Process, as described in Section 2.5, is initiated, (2) a Supportive Measure or Responsive Measure materially impacts them, or (3) the University determines there is a need to implement an Interim Measure that materially impacts them pending the outcome of the initial assessment or complaint resolution process.

2.3 Making a Complaint

A Complaint and a Report are not necessarily the same. A Complaint is an indication in writing or otherwise requesting initiation of the Informal Resolution Process or Formal Resolution Process. Individuals are not required to make a Complaint in order to receive Supportive Measures, and the University will take Responsive Measures as appropriate to all Reports regardless of whether a Complaint is initiated.

2.3.1 Addressing and Resolving Complaints

  • Information about initiating a complaint resolution process may be found in Section 2.3.2.
  • An individual is not required to submit a Report prior to initiating a complaint resolution process.
  • Supportive Measures, Responsive Measures, or Interim Measures described in Section 2.1.5 may be requested or implemented at any time.
  • Complainants may make a request to OECR to withdraw their Complaint. OECR may, in its discretion, allow the Complaint to be withdrawn. In making that determination, OECR will consider its ability to stop the behavior, remedy the effects of such behavior, and prevent it from recurring and may opt to initiate a Formal Resolution Process.
  • Only a Complainant or the University have a right to initiate the complaint resolution process and request that the University initiate a complaint resolution process.
  • The University may, in its sole discretion, consolidate Complaints of Prohibited Conduct against more than one Respondent, or by more than one Complainant against one or more Respondents, or by one Party against another Party, when the allegations of Prohibited Conduct arise out of the same facts or circumstances. When more than one Complainant or more than one Respondent is involved, any reference to a Party, Complainant, or Respondent will include the plural.
  • A Respondent is presumed to be not responsible for the alleged Prohibited Conduct unless, and until, the Respondent is determined to be responsible for a violation of the Policy at the conclusion of the Formal Resolution Process.
  • Upon receipt of a Complaint, the University will conduct an initial assessment as described in Section 2.3.3.
  • Complaints may be resolved using the Informal Resolution process set forth in Section 2.4 or the Formal Resolution Process set forth in Section 2.5.
  • The complaint resolution process is considered closed after the completion of the Informal Resolution Process or after the exhaustion of all available appeals in the Formal Resolution Process.

2.3.2 Initiating the Complaint Resolution Process

This SOP provides for two distinct complaint resolution processes – the Informal Resolution Process and Formal Resolution Process. Information about the Informal Resolution Process is contained in Section 2.4, and information about the Formal Resolution Process is contained in Section 2.5.

Individuals are not required to file a Complaint in writing to initiate a complaint resolution process. The complaint resolution process may be initiated by indicating a desire to file a Complaint to OECR.

The University may initiate the Formal Resolution Process as set forth in Section 2.5.

In the event a Complaint is filed against an individual who is not a Student or Employee, OECR will conduct an assessment of the allegation, which may include but not be limited to gathering relevant information, interviewing individuals with relevant information, and consulting with individuals and offices both internal and external to the University. After conducting the assessment, OECR will determine what actions, if any, the University will take to address the allegation and eliminate and prevent any hostile environment in the University’s education program or activity.

2.3.3 Initial Assessment of Complaints

OECR will review incoming Complaints and determine if the Complaint falls within the jurisdiction of the Policy. If the matter does not fall within the purview of the Policy, the matter will be addressed as appropriate, including but not limited to referral to another office. It is the practice of the University to address all Reports of Prohibited Conduct that fall within the purview of this Policy by taking action to stop the behavior, remedy the effects of such behavior, and prevent it from recurring. The University may use the Informal Resolution Process or Formal Resolution Process described in this SOP or other appropriate measures to accomplish these outcomes, including but not limited to Supportive Measures, Responsive Measures, including educational conversations, and Interim Measures. When a matter is deemed to fall within the bounds of the University's statement on academic freedom and freedom of expression, the University will nonetheless act to ensure the behavior does not create or contribute to the creation of a hostile environment.

During the initial assessment, the OECR will consider all known circumstances and evaluate the allegation using the appropriate criteria, including, but not limited to, whether the known parties are Covered Persons and whether the allegations, if true, would rise to a violation of the Policy.

In making the initial assessment and determining the appropriate action, OECR will:

  • conduct an inquiry to try to determine what occurred. The extent of the inquiry and responsive steps will depend on the specific circumstances including the nature and location of the alleged conduct, the University’s relationship to the Complainant, and the University’s relationship to and level of control over the organization or individual alleged to have engaged in the conduct; and
  • take prompt steps reasonably calculated to stop any substantiated conduct, prevent its recurrence, and, as appropriate, remedy its effects.

2.4 Initiating the Informal Resolution Process

An informal resolution is an alternative to the Formal Resolution Process. The Informal Resolution Process can be requested by a Complainant or Respondent at any time after a Complaint has been submitted.

A full investigation of the allegation is not conducted in the Informal Resolution Process. An informal resolution is the full and final resolution to a Complaint and is not subject to appeal.

2.4.1 Administration of the Informal Resolution Process

In all cases, OECR has the discretion to determine whether the Informal Resolution Process is appropriate to the circumstances. The Informal Resolution Process is not appropriate in all cases and OECR may decline to offer the Informal Resolution Process despite one or more of the Parties’ wishes. OECR may also decide to end the Informal Resolution Process at any time before all Parties have signed an informal resolution agreement, when deemed appropriate. Factors considered by OECR in exercising this discretion may include but are not limited to whether the alleged Prohibited Conduct would present a future risk of harm to others. The University will not offer an Informal Resolution Process if doing so would conflict with federal, state, or local law.

The appropriate method of the Informal Resolution Process and the individual facilitating the Informal Resolution Process will be chosen and appointed by OECR. Forms of Informal Resolution Processes include but are not limited to Supportive Measures, Responsive Measures, educational conversations or measures, restorative justice, facilitated conversations, and mediation. 

The terms of any informal resolution agreement are subject to the review and approval of OECR. Prior to finalization of an informal resolution agreement, OECR must accept the terms.

2.4.2 Voluntary Participation in an Informal Resolution Process

The Informal Resolution Process requires that both Complainant and Respondent explicitly and voluntarily agree to participate. The Informal Resolution Process is voluntary for both the Complainant and the Respondent. Engaging in the Informal Resolution Process is not an admission of responsibility for the allegation or an admission of the falsehood of the allegation. The existence of an informal resolution is not viewed as a finding against the Respondent.

The Complainant or Respondent may withdraw from the Informal Resolution Process at any time before its completion. Information obtained during the attempted Informal Resolution Process will not be used in any subsequent Formal Resolution Process. That same information, however, if gathered in the normal course of the Formal Resolution Process’s investigation may be considered relevant and considered in making a determination.

2.4.3 Conclusion of an Informal Resolution Process 

Once a Complaint has been resolved through the Informal Resolution Process, the matter will be closed. The allegations resolved through the Informal Resolution Process will not advance through the Formal Resolution Process unless the terms of the informal resolution agreement are broken or incomplete. If a term of the informal resolution agreement is broken or incomplete, the information obtained may be submitted as evidence in a subsequent investigation involving the Complainant and/or Respondent.

2.5 Initiating the Formal Resolution Process

OECR may initiate the Formal Resolution Process when:

  • Attempts at informal resolution between a Complainant and Respondent are unsuccessful;
  • Supportive Measures and/or Responsive Measures have not been effective;
  • A Complainant decides not to resolve the matter informally and instead chooses to pursue the Formal Resolution Process; and/or
  • OECR determines that the Formal Resolution Process is warranted.

The only individual who may serve as a Complainant is the person to whom the Prohibited Conduct was directed. If the Complainant does not wish to proceed with the Formal Resolution Process, the University may initiate a Complaint if it has actual or constructive notice of a potential hostile environment or potential discriminatory conduct in violation of the Policy. In making the determination to proceed with a University initiated Complaint, the University will consider all relevant factors which may include, but are not limited to, the context, nature, scope, frequency, duration, and location of the alleged Prohibited Conduct, as well as the identity, number, and relationships of the persons involved. If the University decides not to initiate a Complaint, it will document its rationale and the actions it has taken to eliminate any hostile environment or discriminatory conduct. If the Complainant does not wish to proceed with the Formal Resolution Process, the University will determine whether to initiate a Complaint within five (5) business days following notice that Complainant does not wish to proceed with a Formal Resolution Process.

OECR may also investigate and resolve possible or alleged violations of other University policies, including but not limited to the University Code of Conduct and Code of Student Conduct, that are ancillary and related to the allegations in the Complaint.

2.5.1 Formal Resolution Process

Once a Complaint is submitted, both Parties will be provided simultaneous written notice of the Complaint. The Notice of Complaint will provide the allegations being made, the Prohibited Conduct implicated by the allegations, the right of the Parties to be accompanied by an advisor, notice that Respondent is presumed not responsible, and information on the prohibition of Retaliation.

The Parties will have the opportunity to schedule a non-investigative meeting to discuss the investigation and Formal Resolution Process. Supervisors or applicable administrators may be notified as necessary to implement Supportive Measures or as otherwise needed to ensure there is no disruption to the employment or educational environment.

The Investigator may conduct interviews with and request relevant documents, emails, text messages, or other records from the Complainant, Respondent, witnesses, or any other individuals or offices. Parties will be given at least two (2) business days’ notice of an investigative meeting Reasonable efforts will be made to schedule meetings at the Parties or witness convenience. Such adjustments, however, may not be available if they create an Undue Delay, as defined in this SOP. Failure to respond to notice of a meeting or to attend a previously scheduled meeting will not halt or delay the investigative process and may result in a determination being made without the Party’s or witness’s information being considered.

If a Complaint alleges Prohibited Conduct based on a faculty member’s or student’s teaching, learning, or research, OECR will notify the relevant academic dean. The relevant academic dean will advise the Investigator as needed on matters related to academic freedom.

Once all relevant information has been collected, the Investigator will evaluate the information and prepare an investigation report or an investigation summary for the Decision Maker.

A Respondent may accept responsibility for the alleged behavior at any time during the process. In such a case, the Decision Maker will make a recommendation for discipline and forward the matter to the appropriate Disciplinary Authority as set forth in Section 2.5.3.

2.5.2 Standard of Proof and Determination Following a Formal Resolution

In all stages of the process, the University will apply the preponderance of the evidence standard when determining whether the Policy has been violated. The totality of the circumstances will be considered in this determination. 

At the conclusion of the investigation, the Decision Maker will make a determination as to whether the conduct violated the Nondiscrimination and Anti-Harassment Policy and make a recommendation as to the appropriate discipline. The Decision Maker’s determination and recommendation will be provided to the Respondent and the appropriate Disciplinary Authority in writing within seven (7) business days of receipt of the investigation report or investigation summary. The Disciplinary Authority will determine and implement the appropriate discipline in accordance with Section 2.5.3 below. 

OECR may make recommendations to the appropriate administrative officer to remedy the effects of any behavior that, while not a violation of the Policy, is in the sole judgment of OECR, inappropriate for a working, learning, or living environment and could lead to the creation of a hostile environment. Discipline will not be imposed on a Respondent absent a finding that a Respondent is responsible for violating the Policy.

2.5.3 Discipline

Discipline issued in connection with this SOP will be made in consultation with OECR by the appropriate Disciplinary Authority to ensure consistency and fairness when violations are determined to have occurred. The Disciplinary Authority will notify the Respondent of discipline imposed in writing within fifteen (15) business days of receipt of the Decision Maker’s determination letter.

In matters involving faculty Respondents, if the Disciplinary Authority determines that there is adequate cause for separation of a term appointment or revocation of tenure and/or dismissal, the Disciplinary Authority will make this recommendation to the Provost and the President who will consider the recommendation and follow the appropriate procedure as provided for in the Faculty Rules and Regulations.

In matters involving staff Respondents, if the Disciplinary Authority determines there is adequate cause for the separation or termination, the Disciplinary Authority will make this recommendation to the Senior Director of Employee and Labor Relations who will follow the appropriate procedure as stated by University policy or applicable collective bargaining agreement.

In matters involving students or student organizations, if the Disciplinary Authority determines there is adequate cause for removal from the University, OSCCS will follow the appropriate policy as stated in the Code of Student Conduct. 

The discipline will be proportionate to the frequency and severity of the conduct. Discipline will be designed to remedy the Policy violation and prevent the recurrence of the prohibited conduct. Examples of discipline that may be issued in connection with a violation of the Policy include, without limitation, a requirement not to repeat or continue the discriminatory or harassing conduct; a requirement to participate in training; an oral or written reprimand; denial of a merit pay increase or promotion; reassignment; probation; and suspension, expulsion, termination, or other separation from the University. Discipline may be issued against any student, organization, faculty, or staff member who is determined to have violated the Policy or anyone who has a responsibility to report alleged violations of the Policy and fails to do so. 

2.5.4 Appeal Process

The Respondent has the right to appeal a finding of a violation of the Policy and/or the resulting discipline. The appeal officer will be the Dean of Students for student Respondents, the Vice President for Human Resources for staff Respondents and the Provost for faculty Respondents. If there is a real or perceived conflict of interest for an appeal officer, the President will designate an officer to serve as the appeals officer. Requests for appeal, including any supporting information, must be submitted in writing to the appeal officer within five (5) business days following issuance of the letter from the Disciplinary Authority imposing discipline.

2.5.4.1 Basis of Appeal

Appeals must be based on one or more of the following limited grounds:

  1. Substantial procedural error that materially affected the outcome;
  2. Material, new evidence not reasonably available at the time of the investigation that could affect the outcome of the matter; and/or
  3. The imposed discipline is disproportionate to the violation of the Policy.

2.5.4.2 Authority of Appeal Officer

The appeal officer’s responsibility will be strictly limited to determining if: (1) a substantial procedural error that materially affected the outcome has occurred, (2) material new evidence was not reasonably available at the time of the investigation that could affect the outcome of the matter, or (3) the imposed discipline is disproportionate to the violation of the Policy.

If any of the grounds for appeal are found by the appeal officer, the appeal will be granted. If the appeal is denied, the matter is closed, and the Decision Maker’s determination and the discipline imposed is final and not subject to further appeal.

There are two possibilities if an appeal is granted. The appeal officer may, at their discretion:

  1. Remand the case to the Decision Maker and provide instructions regarding the nature and extent of the Decision Maker’s consideration; or
  2. Modify the decision and/or discipline consistent with the appeal officer’s findings. This decision is final and not subject to further appeal.

If the case is remanded to the Decision Maker, the Decision Maker will consider the matter in accordance with the instructions of the appeal officer, determine whether the Respondent violated the Policy, and make a recommendation of a range of discipline. Discipline will be imposed in accordance with Section 2.5.3. The Respondent may also appeal the finding and discipline of any matter remanded in accordance with Section 2.5.4.

The Respondent will receive written notice of the outcome of the appeal within fifteen (15) business days of the appeal request unless the appeal officer notifies them of a delay. The notice of outcome will include the appeal officer’s rationale for said outcome and information related to the prohibition on Retaliation.

2.5.5 Notice of Outcome to Complainant 

Subject to any state and federal confidentiality obligations, including but not limited to the Family Educational Rights and Privacy Act (FERPA), the Complainant will receive notice of the outcome of the Formal Resolution Process following either (i) the outcome of the appeal or (ii) the determination by the Decision Maker and imposition of discipline (if applicable) if no appeal is filed. This notice will include whether a Policy violation was found and, if so, the appropriate remedial action the University has taken, or will take, to eliminate the discriminatory conduct, to prevent its recurrence, and to address its effects on the Complainant and any other affected individuals.

2.5.6 Timeframe of the Formal Resolution Process

The University seeks to complete its investigation, disciplinary process, if any, and appellate process, if any, as promptly as possible. A Formal Resolution Process will take an average of ninety (90) business days. The length of investigations may vary with the complexity and unique factors in each case. Examples of such factors include, but are not limited to, circumstances in which critical witnesses are unavailable, University breaks, or if law enforcement requests the University to temporarily halt its investigation for a reasonable period of time. 

Below is an overview of the approximate time associated with the major stages of the Formal Resolution Process after OECR receives a Complaint. All timeframes set forth in this process are estimates and may be adjusted at the discretion of OECR due to certain circumstances of the scope of the investigation. The Complainant and Respondent will be notified of any delays or extensions of these timeframes and will be provided with a revised timeline to resolve the Complaint.

  • University decision to initiate a Formal Resolution – five (5) business days from receipt of notice of Prohibited Conduct
  • Notice to the Respondent – Three (3) business days from receipt of the Complaint
  • Investigation – 45 business days
  • Decision Maker’s determination letter – seven (7) business days from receipt of investigation report
  • Imposition and notice of discipline following receipt of disciplinary recommendation – (15) business days
  • Appellate review – fifteen (15) business days from receipt of appeal

2.6 Reasonable Accommodations

Individuals with disabilities may request reasonable modifications to these procedures. Students should contact Student Accessibility Services at SAS@brown.edu or 401-863-9588. Faculty and staff should contact University Human Resources and visit this website for additional information. Third parties should contact the ADA/504 Coordinator at ADA_504@brown.edu.

 

3.0 Definitions 

For the purpose of this SOP, the terms below have the following definitions:

Complaint: An indication in writing or otherwise to OECR that a Complainant wishes to initiate a complaint resolution process. A Complaint means an oral or written request to the University for the University to investigate and make a determination about alleged Prohibited Conduct.

Complainant: An individual and/or student organizations or groups who bring forward a Complaint of an alleged violation of this policy. In certain instances, the University will move forward with a Complaint regardless of the Complainant’s expressed intent. When organizations are Complainants, the individuals who registered the organization with the University serve as the organizational representatives.

Decision Maker: The individual who makes determinations regarding responsibility for violations of the Policy and makes disciplinary recommendations to the appropriate Disciplinary Authority. The Associate Vice President for Institutional Equity, Accessibility, and Compliance, or their designee, serves as the Decision Maker. The Associate Vice President’s designee may be internal or external to the University.

Disciplinary Authority: The individual or University office with authority to issue discipline. For students, the Disciplinary Authority is the Office of Student Conduct & Community Standards (OSCCS). For staff, the Disciplinary Authority is the relevant senior officer and University Human Resources (UHR). For faculty, the Disciplinary Authority is the relevant dean.

Discrimination: Discrimination means unequal treatment of someone because of their Protected Class category. Discrimination is a violation of the Policy when it results in an adverse action or negatively impacts the terms and conditions of an individual’s employment, education, or denies or limits participation in programs, services, or activities.

False Complaint: Knowingly and deliberately filing a False Complaint is a violation of the Policy. An individual who is determined to have engaged in such conduct is subject to discipline up to and including termination of employment or expulsion from enrollment. Discipline administered for filing a False Complaint does not constitute Retaliation under the Policy.

Harassment: Harassment under the Policy is unwelcome conduct that, based on the totality of the circumstances, is subjectively and objectively offensive and is so severe or pervasive that it limits or denies a person’s ability to participate in or benefit from the University’s education program or activity. Harassing acts need not be targeted at the Complainant to create a hostile environment. Conduct may be directed at anyone, and may be based on an individual’s association with others who are members of a Protected Class.

Interim Measure: Measures designed to maintain a Complainant’s access to the University’s program or activities or a measure designed to prevent alleged behavior from recurring while an investigation is pending. 

Investigator: The individual chosen by OECR to investigate any matter falling within the purview of the Policy. Investigators are appointed in the sole discretion of OECR and may be internal or external to the University.

Party: A Complainant or Respondent.

Prohibited Behavior: Discrimination or Harassment on the basis of the Protected Classes described in the Policy; failure of a mandatory reporter to make a report; filing a False Complaint; and/or engaging in Retaliation.

Protected Class: Individuals belonging to these classes include those with identities that are protected from Discrimination and/or Harassment under applicable laws and University policy. Such Protected Classes are actual or perceived race, color, religion, sex, national or ethnic origin, including shared ancestry or ethnic characteristics or citizenship or residency in a country with a dominant religion or distinct religious identity (including, but not limited to, individuals who are or are perceived to be Jewish, Muslim, Sikh, Hindu, Christian, Buddhist, Israeli, Arab, or Palestinian, or who come from or are perceived to come from other regions of the world or are members of another religious group), age, disability, veteran status, sexual orientation, gender identity, gender expression, caste, or any other characteristic protected under applicable law or University policy.

Report: A written or oral indication to OECR or a mandatory reporter that a University community member has been subject to or has engaged in Prohibited Conduct. Reporting Party: A Reporting Party is either the Complainant or a third party who has reported a potential violation of the Policy. 

Responsive Measures: Measures designed to respond to allegations of Prohibited Conduct including but not limited to educational conversations and educational programming. 

Respondent: An individual, individuals, and/or organization affiliated with the University alleged to have violated the Policy is a Respondent. When organizations are Respondents, the individuals who registered the organization with the University serve as the organizational representatives.

Retaliation: Retaliation is any action, statement, or behavior meant as reprisal or retribution against an individual in response to the individual’s good-faith report or their participation in a proceeding related to this policy. Any retaliatory action taken directly or indirectly by any member of the University community against a person who has made a Report, filed a Complaint, or participated in an investigation is prohibited, regardless of the outcome of the Report, Complaint, or investigation. 

Supportive Measure: Measures that are designed to restore or preserve the Complainant’s access to the University’s education program or activity. Such measures can be modified as the Complainant’s needs evolve over time or circumstances change. Respondents may also receive reasonable Supportive Measures. 

Undue delay: Undue delay is defined as three (3) business days for the purposes of this SOP. 

 

4.0 Responsibilities

All individuals to whom this SOP applies are responsible for becoming familiar with and following this SOP. University managers and supervisors are responsible for promoting the understanding of this SOP and for taking appropriate steps to help ensure compliance with it. 

 

5.0 Related Information 

The following information complements and supplements this document. The information is intended to help explain this SOP and is not an all-inclusive list of policies, procedures, laws and requirements.

5.1 Related University Policies:

5.2 Related SOPs:

5.3 Related Forms:

5.4 Frequently Asked Questions (FAQs): N/A

5.5 Other Related Information:

Federal, State, and Local Law Enforcement Agencies:

  • Rhode Island Commission for Human Rights, Phone: 401-222-2661
  • Equal Employment Opportunity Commission Boston Office, Phone: 1-800-669-4000
  • Office of Civil Rights, Region 1 U.S. Department of Education, Phone: 617-289-0111
  • Providence Police Department, Phone: 401-272-3121
  • Rhode Island Attorney General, Phone: 401-274-4400

 

6.0 SOP Owner and Contact

6.1 SOP Owner: Vice President for Campus Life

6.2 SOP Approved by: Vice President for Campus Life

6.3 Contact Information: Office of Equity Compliance and Reporting in the Division of Campus Life

 

7.0 SOP History

7.1 SOP Issue Date: November 9, 2021

7.2 SOP Effective Date: March 29, 2025

7.3 SOP Update/Review Summary: Previous SOP versions superseded by this SOP:

  • Discrimination and Harassment Complaint Resolution SOP, Effective Date: February 2, 2024
  • Discrimination and Harassment Complaint Resolution SOP, Effective Date: December 7, 2023
  • Discrimination and Harassment Complaint Resolution SOP, Effective Date: November 9, 2021