Sexual Harassment Policy and Grievance Procedures
Sexual harassment, which includes sexual misconduct and sexual assault, is a form of sex discrimination which is prohibited under Title IX of the Education Amendments of 1972. Because of the seriousness of these offenses, the University has adopted a specific Sexual Misconduct and Sexual Assault Policy, which can be found in this booklet.
The Office of Student Affairs has designated a Deputy Title IX Coordinator and his/her designees to handle student-on-student sexual harassment:
Deputy Title IX Coordinator
Office of Student Affairs
316 Main Building
University of Notre Dame
Notre Dame, IN 46556
The University has designated the Director of its Office of Institutional Equity to handle all inquiries regarding its efforts to comply with and carry out its responsibilities under Title IX. The Title IX coordinator may be contacted as follows:
Office of Institutional Equity
414 Grace Hall
University of Notre Dame
Notre Dame, IN 46556
Sexual Harassment Policy
Sexual harassment of any kind is inconsistent with the University’s values and incompatible with the safe, healthy environment that the Notre Dame community expects. The determination of what constitutes sexual harassment will vary with the particular circumstances, but may be described generally as unwelcome sexual advances, requests for sexual favors, and other verbal, non-verbal, or physical conduct of a sexual nature when such conduct has the purpose or effect of unreasonably interfering with an individual’s performance, creating an intimidating, hostile, or offensive University environment, or limiting participation in University activities.
The following procedures apply for student-on-student sexual harassment, outside of a University employment setting. Students seeking information regarding discrimination or harassment by faculty or staff, or who wish to report discrimination or harassment they experienced in a University employment setting, should consult the Office of Institutional Equity at (574) 631-0444 or equity.nd.edu.
Sexual Harassment Grievance Procedures
Students who believe they are victims of sexual harassment by another student may have the option of proceeding informally or formally. The student may find informal resolution particularly appropriate if the conduct is isolated and of the following nature: sexual innuendo; display or distribution of drawings, pictures or other materials with a sexual content; sexual or “dirty” jokes; or comments with sexual content. Please note that the formal report process is available for harassment of any nature, and that these examples are not intended to discourage use of the formal report process.
Informal resolution is not an option for cases of sexual misconduct or sexual assault, including sexual or inappropriate touching of any kind. For information on how to formally report sexual misconduct and sexual assault, see the Sexual Misconduct and Sexual Assault Policy.
Sexual Harassment Informal Resolution
If a student chooses to proceed informally, the student can report the harassment to an administrator, residence hall rector (or Director of the Office of Housing for students who reside off-campus), or academic Dean who has the authority to end the harassment, and specify that they wish to proceed informally. The person receiving the report should consult with their supervisor or with the Office of Student Affairs Deputy Title IX Coordinator throughout the informal resolution process.
If the matter is resolved informally to the satisfaction of the reporting party, the person to whom the report was initially made will send a written summary of the matter to the Deputy Title IX Coordinator. The purpose of this summary is twofold: (1) to ensure that the University is aware of repeat incidents by the same harasser and (2) for record-keeping purposes so that the University can gauge the effectiveness of its anti-harassment policy and programs. This summary will be kept in a separate sexual harassment file and will be consulted for the two purposes set forth in this paragraph.
If the matter is not resolved informally to the satisfaction of the reporting party, the student can submit a request for formal resolution. This request must be submitted in writing to the Deputy Title IX Coordinator within ten (10) days of the informal resolution.
Sexual Harassment Formal Resolution
If a student chooses to proceed formally, the student must ordinarily submit a written report to the Deputy Title IX Coordinator for investigation. Subject to the discretion of the Deputy Title IX Coordinator, this report should include the name, address, telephone number, and class year of the reporting student; a detailed description of the conduct that the reporting party alleges to be discriminatory or harassing; name(s) of the person against whom the complaint is being made; and the name(s) of witnesses (if any). The reporting party should make every effort to submit the written complaint within thirty (30) business days of the alleged conduct.
The Deputy Title IX Coordinator or his/her designee will investigate the complaint. Depending on the nature of the allegations, the investigation could include interviews with the reporting party, the respondent and/or witnesses; review of written documentation and relevant policies; and any other steps necessary to thoroughly investigate the allegations. The Deputy Title IX Coordinator will conclude the investigation within sixty (60) calendar days except in extraordinary circumstances. If the investigation cannot be completed in that time period, the Deputy Title IX Coordinator will contact the reporting party and provide a time frame in which the investigation will be completed. At the conclusion of the investigation, the Deputy Title IX Coordinator, in conjunction with a tripartite board in Student Affairs, may refer the complaint to the Office of Community Standards for resolution through the University Conduct Process.