Reporting and FAQs

Q: What is Title IX?

A: Title IX of the Educational Amendments of 1972 protects people from sex discrimination in educational programs and activities at institutions that receive federal financial assistance.

Q: What is Sex Discrimination?

A: Sex Discrimination is discrimination on the basis of sex or gender. It includes sexual harassment, sexual violence (including sexual assault), stalking, domestic violence, dating violence, and any other gender-based discrimination.

Q: Is Emory implementing the new Title IX regulations the U.S. Department of Education released in April?

A: While these regulations were to be implemented on August 1, court decisions have called into question the ability of hundreds of colleges across the country, including Emory, from moving ahead with the new rules. Should federal courts provide additional clarity regarding whether the regulations can go into effect, we are prepared to implement an updated policy that reflects these rules. Until then, we will continue to follow the current Sex and Gender-Based Harassment and Discrimination Policy (Policy 8.2).

Q: How Does Title IX define Sexual Harassment?

Sexual Harassment includes the following:

(1) An employee conditioning the provision of an aid, benefit, or service of the university on an individual’s participation in unwelcome sexual conduct, or

(2) An individual is subjected to unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies the individual equal access to the University’s education program or activity, or

(3) Sexual Assault, Dating Violence, Domestic Violence, or Stalking

Additionally, for conduct to be considered Title IX Sexual Harassment, it must take place when:

• The Respondent is a student or employee at the time of the alleged conduct;
• The alleged conduct includes Sexual Harassment under Policy 8.2;
• The alleged conduct occurs in Emory’s education program and activity;
• The alleged conduct occurs against a person in the United States; and
• The Complainant is participating or attempting to participate in Emory’s education program or activity.

Q: If Title IX Sexual Harassment only addresses conduct in Emory’s educational programs and activities, does Emory University also address conduct that took place off campus?

A: Yes. Emory addresses conduct that occurred outside of our educational programs and activities but could impact students, faculty, and staff in their educational and workplace environments.

Emory addresses conduct that took place outside of Emory’s educational programs and activities (for example, conduct that took place off campus or in a study abroad) in a separate process, outlined in Appendix B of Emory’s Sex and Gender-Based Harassment and Discrimination Policy.

Q: If Title IX Sexual Harassment only addresses conduct that took place in the U.S., what happens with reports of misconduct that took place in a study abroad?

A: If Department of Title IX receives a report that Sexual Harassment or other forms of gender-based discrimination took place off campus, it can review that conduct under a separate process, outlined in Appendix B of Emory’s Sex and Gender-Based Harassment and Discrimination Policy.

Q: Who is a Complainant?

A: “Complainant” is used to refer to an individual who alleges they have experienced Sexual Harassment or other conduct prohibited by Policy 8.2.

Q: Who is a Respondent?

A: “Respondent” is defined as an individual who is alleged to have engaged in Sexual Harassment or other conduct prohibited by Policy 8.2.

Q: Who is a Party to a complaint?

A: The term “Party” or “Parties” refers to the Complainant and Respondent.

Q: What is a Report?

A: A “Report” occurs when an individual notifies the Department of Title IX of alleged Sexual Harassment.  A “Report” is different from a “Formal Complaint.” Please see the definition of “Formal Complaint” below.

Q: What is a Formal Complaint?

A: “Formal Complaint” is a document signed by a Complainant or by the University Title IX Coordinator that alleges a Respondent engaged in Sexual Harassment and requests initiation of the University’s grievance procedures.

A Formal Complaint must be a written statement or electronic submission (such as by email) that contains the Complainant’s physical or digital signature or otherwise indicates that the Complainant is the person filing the Formal Complaint.

Formal Complaints must include information about the date, location, and parties involved in an allegation of Sexual Harassment. Formal Complaints must also include sufficient detail to allow the Respondent to respond to the allegations.

Q: Who is a Responsible Employee?

A: “Responsible Employees” refers to individuals who, based on their role at Emory University, are required to report to the University Title IX Coordinator information about alleged Sexual Harassment.

All Emory University employees, except for those afforded confidential status, are Responsible Employees. For a list of confidential employees, please see Resources.

Q: What is a Notice of Allegations?

A: A “Notice of Allegations” is a document provided to the Complainant and Respondent (“Parties”) that notifies the Parties that Department of Title IX will commence a grievance process that contains the following information: 

• Notice of the University’s applicable Title IX grievance process, including the option for informal resolution;
• Allegations potentially constituting Sexual Harassment;
• Identities of the parties involved in the incident; and
• Approximate date and general location of the alleged incident.

Q: What is a Notice of Dismissal?

A: A “Notice of Dismissal” is a document provided to the Complainant and Respondent (“Parties) simultaneously notifying the Parties that the Department of Title IX has determined that the Formal Complaint does not meet the requirements to allow the Department of Title IX to move forward with a grievance process.

The Parties are entitled to appeal the dismissal under the appeal procedures set forth in Policy 8.2.

Q: Why would the Department of Title IX dismiss a Formal Complaint?

A: The allegations in the Formal Complaint

• Would not constitute Sexual Harassment, even if true;
• Did not occur against a person in the United States; and/or
• Did not take place in the programs or activities of the university.

Q: What happens after my Formal Complaint is dismissed and my appeal is denied?

A: If your Formal Complaint is dismissed, the University Title IX Coordinator may refer the matter to another office for consideration under another University policy.

Q: What is a Report of Investigation?

A: At the conclusion of an investigation, the investigator will prepare a draft Report of Investigation (“ROI”) that fairly summarizes relevant evidence, which will be provided by the University Title IX Coordinator to the Parties.

Q: What is “Preponderance of the Evidence?”

A: “Preponderance of the Evidence” is the level of proof required to determine whether or not a Respondent is responsible for the allegations.

The decision-maker (whether a Hearing Officer or Investigator) is trying to determine whether it is “more likely than not” that the Respondent engaged in a policy violation.

Q: How can I file a report?

A: You can make a report here.

Q: Who can file a report?

A: Any member of the Emory University Community, or an individual external to Emory University who learns about Sexual Harassment involving members of the Emory University Community, is highly encouraged to file a report here.

Q: Who must file a report?

A: All Emory University employees are considered “Responsible Employees” and are required to promptly report incidents of Sexual Harassment to the University Title IX Coordinator. See Important Definitions section for definition of “Responsible Employee.”

Q: What happens after I file a report or someone files a report on my behalf?

A: Department of Title IX (DTIX) will send outreach via email to the Complainant. This outreach will include information about resources and supportive measures and will offer an opportunity to meet with a DTIX staff member for an “informational meeting” to discuss the Title IX complaint process.

Please note, if the individual who filed the report is not the Complainant, DTIX will send confirmation to the reporter acknowledging receipt of the report. DTIX will not provide the reporter with status updates as outlined under FERPA.

Q: Do I have to respond to Department of Title IX’s email outreach?

A: No. You are not obligated to respond to DTIX’s email outreach. You may choose not to respond to DTIX. You may also choose to respond to DTIX only to request resources and supportive measures without providing additional information about your experience to DTIX. You are not obligated to participate in the Title IX complaint process at any time.

Q: If I respond to Department of Title IX’s email outreach and request an “informational meeting,” what should I expect?

A: During your informational meeting, DTIX will provide you with information about resources and supportive measures and will explain the Title IX complaint process. DTIX will also answer any questions or concerns you have.

If you choose to do so, you can provide more information regarding the incident that was reported, but you are not obligated to provide additional information.

Q: Can I bring someone with me to the informational meeting?

A: Yes. You have the right to have an advisor of your choice present at any meeting with DTIX. Your advisor can be anyone of your choosing, including an attorney. You may also choose to bring a support person to the meeting.

Please note that advisors and support people are permitted to be present at any meeting with Department of Title IX, but they may not speak on your behalf. If you would like to speak with your advisor and/or support person during the meeting, you can take as many breaks as necessary to speak with your advisor and/or support person privately.

Q: What happens after my informational meeting?

A: After your informational meeting, you will receive an email that summarizes what was discussed during the informational meeting. It will include information about your options for next steps, including how to access resources and supportive measures.  

1. What resources are available to support me as a student?
Please see Resources.

2. What resources are available to support me as an employee?
Please see Resources.

Q: What are supportive measures, and how do I request them?

A: Supportive Measures are non-disciplinary, non-punitive, individualized services offered as appropriate, and as reasonably available, without fee or charge, in cases of alleged Sexual Harassment. Examples of Supportive Measures include: Academic Support, Mutual No Contact Orders, housing accommodations, and more. See Policy 8.2 for a list of additional examples of supportive measures.

To request supportive measures, you can email the Department of Title IX (DTIX) at titleix@emory.edu. Supportive Measures request must be submitted in writing. DTIX will review your supportive measures request to determine whether it is appropriate and reasonably available and will work with the necessary on-campus unit to implement the supportive measure.

To learn more about supportive measures, you may choose to schedule an informational meeting with the Department of Title IX.

Q: Who can request supportive measures?

A: Complainants, Respondents, and Witnesses can request supportive measures.

Q: When can I request supportive measures?

A: Complainants, Respondents, and Witnesses can request supportive measures with or without the filing of a Formal Complaint. They may be requested at any time.

Q: How can I file a Formal Complaint?

A: If you would like to file a Formal Complaint, we encourage you to meet with the Department of Title IX for an informational meeting to learn about the Title IX complaint process. During the meeting, DTIX will provide guidance as to how to file a Formal Complaint.

Q: What information will I need to include in my Formal Complaint?

A: To the best of your ability, you will need to provide date, time, and location information as well as specific information about your allegations. Please also include the name(s) of the Respondent.  The Respondent will be made aware of the allegations in the Formal Complaint, by way of the Notice of Allegations, which is sent to both parties simultaneously. The Formal Complaint should contain sufficient information to allow the Respondent to respond to the allegations.

Q: Can I file a Formal Complaint and remain anonymous?

A: No. Remaining anonymous is not permitted.

Q: What happens after I have submitted my written Formal Complaint?

A: DTIX conducts an initial assessment.

If the allegations in the Formal Complaint would violate Emory’s Sex and Gender-Based Harassment and Discrimination Policy, a Notice of Allegations will be sent to the Parties to commence the grievance process. See “Important Definitions” section for information about the Notice of Allegations.

If the Formal Complaint would not violate Emory’s Sex and Gender-Based Harassment and Discrimination Policy, a Notice of Dismissal will be sent to the Parties. See “Important Definitions” section for information about the Notice of Dismissal.

Q: When does the Respondent receive notice that a Formal Complaint has been made against them?

A: The Respondent will receive notice that a Formal Complaint has been made against them after the initial assessment, either by receiving a Notice of Allegations or a Notice of Dismissal, depending on how DTIX assesses the Formal Complaint.

Q: What happens after the Notices of Allegations are sent to the Parties?

A: A grievance process starts after both Parties receive the Notices of Allegations, which are sent simultaneously. The grievance process begins with an investigation. The investigator assigned to the matter will reach out to the Parties to schedule an investigative meeting.

Please note that, after the Notice of Allegations is sent, Respondents will be contacted by the Department of Title IX to request an informational meeting with the Respondent to discuss the Title IX complaint process and answer any questions before the grievance process begins.

Q: What happens during the investigative meeting?

A: The investigator will provide an overview of your rights within the process, answer any questions you may have, and ask you questions regarding the allegations.

As a Complainant, Respondent, or Witness, you will have the opportunity to: submit a written statement to the investigator; provide supporting documents, such as text messages, emails, pictures, screenshots, etc., and identify witnesses who you believe are relevant. You can do this before, during, or after the meeting with the investigator.

Q: What happens after the investigator has conducted the investigation?

A: The investigator will provide both parties with all evidence gathered as part of the investigation, including statements from the Parties and Witnesses. Parties will have the opportunity to review and respond with comments, if any. The investigator will consider the comments and conduct any follow-up investigation, as necessary.

Q: What do I need to know about hearings?

A: All hearings are held live, via Zoom. If the parties choose to participate in the hearing, they are required to appear live with their cameras on for the duration of the hearing.

Both parties are permitted to make time-limited opening and closing statements during the hearing.

The Hearing Officer will evaluate all relevant evidence and will question the parties (and witnesses, if any).

Both parties, through their advisors, will have the opportunity to cross-examine the other party. The Hearing Officer will review each question posed by the advisor to determine whether it is appropriate and relevant before permitting the advisor to ask the question of the other Party and their Witnesses.

Q: Can my advisor be present at the hearing?

A: Yes. In fact, you are required to have an advisor at the hearing. If you do not have an advisor, the Department of Title IX will assign an advisor to you for the sole purpose of assisting you with cross-examination during the hearing. The parties are not permitted to cross-examine one another or the Witnesses directly.

Q: What should I expect during a hearing?

A: The following will take place during the hearing:

• Introductions and opening instructions by the Hearing Officer;
• Optional, brief opening statements by the Complainant and Respondent (no more than 5 minutes per side);
• Questions posed by the Hearing Officer to Complainant;
• Questions posed to the Complainant by the Respondent through their advisor after relevance review and determinations by the Hearing Officer;
• Questions posed by the Hearing Officer to Respondent;
• Questions posed to the Respondent by the Complainant through their advisor after relevance review and determinations by the Hearing Officer;
• Questions posed to each participating witness by the Hearing Officer;
• Questions posed to each participating witness by both parties’ respective advisors after relevance review and determination by the Hearing Officer;
• Optional, brief closing statements by the Complainant and Respondent (no more than 5 minutes per side);
• Closing instructions from the Hearing Officer before adjournment.

Q: How long do hearings last?

A: Most hearings start at 9:00 am and take a full business day. For hearings that involve multiple allegations and Witnesses, Department of Title IX may need to schedule a multi-day hearing.

Q: How long will it take after the hearing to receive an outcome?

A: The Hearing Officer will issue a written determination within 15 business days of the hearing. Please note that the Hearing Officer may request an extension to complete the Hearing Officer’s Determination. The decision will include the Hearing Officer’s determination as to whether the Respondent violated Emory’s Sex and Gender-Based Harassment and Discrimination Policy.

In student Respondent matters, if the Hearing Officer determines that the Respondent violated the policy, by a preponderance of the evidence, the Hearing Officer will recommend sanctions.

In employee Respondent matters, if the Hearing Officer determines that the Respondent violated the policy, by a preponderance of the evidence, sanctions are determined by the employee’s unit, in consultation with the Department of Title IX.

Q: How are sanctions determined?

A: Emory may impose a range of sanctions and protective measures following a final determination of a violation of this policy. Factors pertinent to the determination of what sanction applies include, but are not limited to: 

• The nature and severity of the conduct at issue, as well as the circumstances surrounding the violation;
• The impact of the misconduct upon the Complainant;
• The prior disciplinary history of the Respondent;
• Previous University responses to similar conduct;
• The impact on the Respondent of separating them from their educational or workplace setting;
• And the interests of the University and its community.

Q: Can I appeal the hearing determination?

A: Parties may appeal the Hearing Officer’s determination. Please see Policy 8.2 for grounds for appeal and appeal timeframes.

Q: How long does the Title IX Sexual Harassment Complaint process typically take from start to finish?

A: From the date that the Notice of Allegations is issued through the appeal, Department of Title IX’s goal is to complete the process in 120 business days.

Q: How does the process for Non-Title IX Sexual Harassment differ from the process for Title IX Sexual Harassment outlined above?

A: The process for Non-Title IX Sexual Harassment does not include a hearing. In Non-Title IX Sexual Harassment matters, the investigator makes a determination as to whether the policy has been violated, by a preponderance of the evidence, and recommends sanctions.

Q: How are sanctions determined?

A: Emory may impose a range of sanctions and protective measures following a final determination of a violation of this policy. Factors pertinent to the determination of what sanction applies include, but are not limited to: 

• The nature and severity of the conduct at issue, as well as the circumstances surrounding the violation;
• The impact of the misconduct upon the Complainant;
• The prior disciplinary history of the Respondent;
• Previous University responses to similar conduct;
• The impact on the Respondent of separating them from their educational or workplace setting;
• And the interests of the University and its community.

Q: Can I appeal the investigator’s determination?

A: Parties may appeal the investigator’s determination. Please see Policy 8.2 for grounds for appeal and appeal timeframes.

Q: If I’m identified as a witness and contacted by the Investigator, do I have to participate?

A: Student Witnesses are encouraged to participate in the Title IX complaint process.

Employee witnesses are required to participate in a Title IX complaint process.

Q: Who will see the information I share with the Investigator?

A: The Complainant and Respondent will see the information all witnesses share with the investigator as will the Hearing Officer and members of the Department of Title IX.

Q: Can I remain anonymous?

A: Witnesses in the Title IX process cannot remain anonymous.

Q: Why is it important to participate in a Title IX investigation as a witness?

A: Witness participation allows for an equitable process that in turn supports the entire Emory community.

Witnesses may be asked to participate in an investigation because they can provide context to allegations of sexual misconduct or harassment made as part of a Formal Complaint or because they were present during or around the time of alleged sexual misconduct or harassment.

Student witnesses may decline to participate in the investigation and/or hearing processes; however, we encourage student witness participation. Information provided by witnesses assists the hearing officer in making a determination as to whether Policy 8.2 was violated.

Please note that employee witnesses may be required to participate in the investigation and hearing process; however, this may not always be the case. Please contact the Department of Title IX for more information.

Q: How will information I provide be used?

A: Information that you provide will be evaluated during the course of the investigative process. Information that you provide that is considered relevant to the allegations will be included in the Report of Investigation, which will be shared only with the Complainant and the Respondent (and their advisor and/or support person) and will be reviewed during the course of a hearing by the Hearing Officer. The Department of Title IX will be available to provide support and answer any questions as a witness navigates the process.

Q: What resources and support are available to me?

A: Witnesses, just like the parties, are entitled to the same level of support and resources. You may contact the Department of Title IX to learn more about supportive measures and resources available to you.

Q: What if I'm retaliated against for participation in an investigation?

A: Emory has a strict policy against retaliation. If you experience any action that is retaliatory in nature, please report this information to the Department of Title IX. For more information, please review our policy here.

Q: What is retaliation, and who can allege retaliation?

A: Retaliation occurs when any adverse action or threatened action, taken or made, personally or through a third party, against someone who has filed a Sexual Harassment/misconduct complaint (a Complainant), has been the subject of a Sexual Harassment/misconduct complaint (a Respondent), or any other individual who engages with the University in connection with a Sexual Harassment/misconduct complaint. All individuals and groups of individuals, not just a Respondent or Complainant, are prohibited from engaging in retaliation.