UND reviews every report that it receives. Learn how UND responds to reports and incidents regarding sexual misconduct, harassment, discrimination or bias, crime, student conduct, concerning behavior, and retaliation.
UND’s Title IX coordinator and/or a Deputy Title IX Coordinator reviews every report of sexual misconduct that UND receives.
- After receiving a report of sexual misconduct, the Title IX Coordinator or a Deputy Title IX Coordinator will contact the reporting and/or impacted party (complainant), if known, to discuss the report, grievance options, and supportive measures. The complainant may choose to make a formal complaint regarding the alleged behavior. Only the complainant or the Title IX Coordinator may make a formal complaint. If a complaint is made, the University will investigate the complaint in accordance with University policies. Complainants always have the right to choose whether to participate in any University or law enforcement processes.
- In some circumstances, after a formal complaint is filed, the complainant and accused person (respondent) may voluntarily agree to resolve the complaint through informal resolution. All formal complaints that are not resolved through informal resolution, withdrawn by the complainant, or dismissed pursuant to UND policies will be resolved through a live hearing.
- If the reporting party and/or complainant is anonymous, if the complainant does not file a formal complaint, if the accused is unknown, or if the behavior is determined not to be a policy violation, the University may take other steps to eliminate the reported conduct, prevent its recurrence and remedy its effects on the impacted party and the University community. Those steps may include offering appropriate supportive measures to the impacted parties, providing targeted training or prevention programs and/or implementing other remedies applicable to the situation.
The information provided in reports, including names, will be shared only with the UND employees who need to know in order to assist in providing support or resolution, although in certain situations some or all of the information must be shared with local law enforcement.
Disclosures are protected by privacy laws that apply to a student’s education records, law enforcement investigative records, and federal and state law related to Title IX records, as applicable.
Sexual Misconduct Additional Information
UND reviews every report of harassment, discrimination, or bias that it receives. Upon receiving a report, the report is reviewed by the appropriate area of the institution for a response. Reports involving students are reviewed by the Office of Community Standards and the Equal Opportunity & Title IX Office. When a report is made against an employee, the Equal Opportunity & Title IX Office reviews it.
- After receiving a report of discrimination, harassment, or bias, UND will contact the reporting and/or impacted party (complainant), if known, to discuss the report, grievance options, and supportive measures. The complainant may choose to make a formal complaint regarding the alleged behavior. If a complaint is made, the University will investigate the complaint in accordance with University policies. If a complaint is not made, the University may investigate the reported behavior, but its ability to respond may be limited. Complainants always have the right to choose whether to participate in any University or law enforcement process.
- In some circumstances, the complainant and accused person (respondent) may voluntarily agree to resolve the complaint through informal resolution.
- If the reporting party and/or complainant are anonymous, if the complainant does not file a formal complaint, if the accused is unknown, or if the behavior is determined not to be a policy violation, the University may take other steps to eliminate the reported conduct, prevent its recurrence and remedy its effects on the impacted parties and the University community. Those steps may include offering appropriate supportive measures to the impacted parties, providing targeted training or prevention programs, and/or implementing other remedies applicable to the situation.
Harassment, Discrimination or Bias Additional Information
The University Police Department (UPD) will investigate the report of all crime utilizing established police investigative procedures and appropriate UND resources as necessary. Depending on the magnitude of the incident/crime, other local, state, and federal agencies may be called upon for assistance.
Pursuant to the Jeanne Clery Act, the UPD publishes Crime Alerts (also called Timely Warnings) when the University considers a crime to pose an on-going threat to the community. If you have any questions about alerts posted, please contact the UPD.
All complaints will be reviewed by a Student Conduct Administrator (SCA) for consideration in the student conduct process. In review of a complaint, it may be determined that additional information is needed to determine a course of action. If it is determined that additional information is needed, an SCA may investigate the nature of the complaint to determine if a violation of the Code may have occurred.
- If it is determined that the information indicates that a violation of the Code of Student Life (Code) occurred, the complaint will be referred to the administrative student conduct process or the student conduct suspension process. If it is determined that the information indicates that a violation of the Code did not occur or that there is insufficient information to indicate a violation of the Code did occur the complaint will be closed. A closed complaint is a final decision. In rare circumstances, a closed complaint may be reopened if the University receives new information regarding an alleged violation of the Code. If a complaint is reopened, the accused student will be notified that the complaint has been reopened and have an opportunity to respond to the information. The Dean of Students, or designee, has the discretion to reopen a complaint.
- If the complaint alleges that violence, harassment, or an act of sexual misconduct has occurred, the complainant may have additional rights within the student conduct process. Please review to sexual misconduct section above.
- Sanctions are assigned as appropriate for the violation.
UND responds to behavioral concerns impacting the University community. The Behavioral Intervention Team (BIT) assesses whether individuals pose a threat to themselves or others and intervenes when necessary. BIT also provides a cross-community leadership to promote improved coordination and communication across the UND Campus to support student success as well as protect the health and safety of the community. The team meets weekly and as needed throughout the year. They are a team of multi-disciplinary and cross-community leaders who work together to:
· Promote coordination and communication across UND.
· Support student, faculty and staff success.
· Protect the health and safety of the community and its members. SHARE A CONCERN
UND employees and students should feel confident that they can report behavior that violates our policies or ask for help without fear of retaliation.
- Retaliation against a person because they made a report or participated in an investigation regarding discrimination, harassment, or misconduct is prohibited and will be grounds for disciplinary action. Concerns about retaliation for these matters should be directed to the Equal Opportunity and Title IX Office.
- Retaliation against a person because they made a report or participated in a non-EO & Title IX employee conduct investigation is prohibited as well. However, the University in its discretion may take appropriate corrective action against any employee who engages in misconduct that is discovered by the University, even if the discovery takes place as a result of an employee's participation in an investigation, whether or not the misconduct is related to the matter being investigated. The University may take any appropriate corrective action it deems necessary for any employee who fails to participate in an investigation in a manner consistent with the above expectations. Failure to fully and/or honestly cooperate in an investigation is grounds for discipline up to and including termination.
Retaliating against someone because they are participating in or declining to participate in a proceeding under the Code of Student Life may be considered abuse of the University student conduct system and a violation of the Code of Student Life.