Complainants - Penn State Office of Ethics and Compliance

A Complainant is an individual who is alleged to be the victim of prohibited conduct under AD 85 (Title IX Policy) or AD 91 (Discrimination & Harassment & Related Inappropriate Conduct Policy). A Respondent is an individual who is alleged to be the perpetrator of such prohibited conduct.

Resources

You do not have to file a formal complaint or press criminal charges to receive assistance. Whether you are looking for counseling and emotional support; academic, housing, or work accommodations; or to learn more about reporting and investigations, OSMRR staff, the Office of Equal Opportunity and Access, or your Resource Person can help.

Title IX Complainant Resource Sheet - English

Visit Title IX Resources to find resources specific to your campus and your needs.

Rights

Under University policies AD 85 and AD 91, Complainants have certain rights.

Title IX Sexual Misconduct Rights under AD 85 and AD 91

Processes

If a Complainant chooses to meet with us about a report, there are three basic pathways they can choose:

Request for no action
Informal resolution
Investigation

Requests for no action are reviewed by the University.

Informal resolutions can be adaptive to the Complainant’s needs and may include Respondent education, restorative justice processes, shuttle negotiation, and/or a no-contact directive. Once complete, informal resolutions typically close a case.

Navigate to Policies and Procedures for more information about the Report Response Process.

Intake Process

At intake, the Complainant will learn about rights and resources available. They may also make a request to proceed with a University process.

Title IX Complainant Intake Process Quick Reference - English

: One of the options is to request no University process. If this is the request, the case will be reviewed by the University. The University will either approve the case’s closure or decide to proceed with an Informal Resolution or Investigation.
: The second option is to request an Informal Resolution, which may include one or more of the following: a Conversation with the Respondent, Educational Modules for the Respondent, Restorative Justice, and/or other Mutual Agreement.
: The third option is to request an Investigation. In an investigation, an investigator will interview parties and witnesses and compile an investigative report. The investigative report is evaluated for potential charges and sanctions. For more information about investigations, refer to the investigation flow chart and relevant policies.
: An additional option is to request a No Contact Directive. A mutual No Contact Directive may be requested alone or in conjunction with an Informal Resolution or Investigation.

Investigations

When the Complainant or the University requests an investigation, an investigator is assigned to the case. The investigator conducts interviews, gathers documentation and other evidence, and compiles an investigative report. Information shared with the investigator may be used for the investigative report. The Complainant and Respondent each have the right to review the report.

Parties’ participation may affect the outcome of the case.

Navigate to the Policies and Procedures for more information about the Report Response Process.

Title IX Investigation Process Quick Reference

: The investigator issues a Notice of Investigation, conducts interviews, gathers documentation, and asks follow-up questions.
: The draft investigation report is compiled by the investigator and provided to the parties for their review.
: The final investigation report is completed.
: The final report is evaluated. The case may be dismissed, or the evaluation may result in a charge and sanction.
: The Respondent may accept the charge. Either party may request a Sanction Review. After all sanction reviews are completed, the sanction is assigned.
: The Respondent may contest the charge, which will bring the case to a Hearing.
: At the Hearing, if there is no preponderance of the evidence, the Respondent is not found responsible. If there is a preponderance of the evidence, the Respondent is found responsible and a sanction is assigned.
: If applicable to the case, an appeal may be requested by either party.

Official Complaints for Formal and Informal Processes

Anyone, including Complainants, can submit reports of incidents by navigating to the File a Report page on our website. Typically an Investigator or Case Manager can facilitate a Complainant’s request to file an Official Complaint for an Informal or Formal Process; the Official Complaint is needed for incidents covered under the Title IX Policy if the Complainant wishes to engage in a University process.

If you are a Complainant who would like to file an Official Complaint for an Informal or Formal Process, click here.

Translations of Materials

Information for Complainants