»Frequently Asked Questions

Title IX of the Educational Amendments Act of 1972 (“Title IX”) is the federal law that prohibits sex discrimination by any educational institution that receives federal funding. This law has been interpreted by courts and the U.S. Department of Education to require colleges and universities to take certain steps to prevent and respond to sexual harassment, sexual assault and other gender-based misconduct. 

On May 19, 2020, the U.S. Department of Education issued new regulations under Title IX that:

• Limit Title IX’s coverage to certain forms of sexual assault and other gender-based misconduct, including certain misconduct that is “severe, pervasive and objectively offensive.” The regulations also limit coverage to misconduct on campus and in similar settings; they exclude misconduct that takes place outside of the United States.
• Set out a detailed process that higher education institutions (including Chapman University) must follow when investigating, adjudicating and imposing sanctions in cases involving misconduct under that definition.

For this reason, the EOO has amended its policies to reflect these changes: the Interim Policy on Sexual Harassment Prohibited by Title IX that addresses investigations covered by the new regulations, and the Discrimination, Harassment, and Retaliation Prevention Policy for Employees.

For more information about these policies, visit the Equal Opportunity Office’s webspace.

Supportive measures are designed to support parties who may have experienced or be accused of a violation of prohibited conduct. Examples 

include: 

• Adjusting a work schedule for University employment;
• Changing a student’s academic schedule or an employees work schedule;
• Allowing a student to withdraw from or retake a class without penalty

 *This is not an exhaustive list of available supportive measures. Please contact the Equal Opportunity Office at eo@chapman.edu should you wish to discuss.

Parties will learn about options for resolution upon meeting with the Director of the Equal Opportunity Office or designee. Depending on the case, options may include mediation or investigation and adjudication.

No. However, you can choose to have an attorney if you are involved in a case that is being investigated and adjudicated under the Interim Policy on Sexual Harassment Prohibited by Title IX or the University can provide a non-attorney-advisor at no cost to you. Please see the Policies for details. 

It is the EOO’s goal to restore and preserve equal access to the University’s education program, workspace or activities through remedies and sanctions following a finding of responsibility for a policy violation. These remedies and sanctions will depend on the nature and details of the policy violation.

Remedies and sanctions may include but are not limited to: reprimand/disciplinary warning; disciplinary probation; restriction of access to University facilities or activities; removal from and/or restricted participation in academic or extracurricular activities, or restriction from University services; dismissal or restriction from University employment; removal from housing; disciplinary suspension; expulsion; and/or revocation of privileges.

A student found responsible for a violation of these policies will be subject to sanction(s) in accordance with the Student Sexual Misconduct Policy.

Please write to eo@chapman.edu. Someone from the Equal Opportunity team will be glad to get back to you. 

The Equal Opportunity Office (EOO) is physically located in the Office of Human Resources - DeMille Hall Suite 140. Despite our physical location within DeMille Hall, the EOO serves the entire University community locally and nationally.

The Director of the Equal Opportunity Office, Title IX Coordinators and all Investigators recognize the sensitivity and personal nature of these types of incidents and will ask anyone sharing information during an investigation to respect the privacy of those involved. In accordance with federal law and University policy, the Director of the Equal Opportunity Office Title IX Coordinators, and Investigators only share information  to those with a legitimate need to know. This means that the individuals usually informed about investigations are those involved in the investigation and possible adjudication processes. These individuals generally include the Director of the Equal Opportunity Office, Title IX Coordinators, Investigators, and any potential hearing officers, hearing coordinator, and appeals body, if requested.

Retaliation is strictly prohibited, and the University takes any allegations of retaliation against anyone involved in the investigation or conduct process very seriously. If you believe you have been mistreated or otherwise retaliated against because of your participation in this investigation, please inform the Director of the Equal Opportunity Office immediately. 

University policy prohibits “adverse action taken against anyone for reporting, supporting, or assisting in the reporting and/or adjudication of any of the behaviors prohibited in this policy, or against anyone perceived to be involved in any of these actions. Retaliation may include intimidation, violation of a No Contact order, harassment, efforts to impede an investigation, or filing a false or bad faith cross-complaint.” Retaliation is a violation of policy whether or not the underlying complaint of sexual misconduct is found to be a violation of policy. 

The University will impose sanctions on any faculty, student, or staff member found to be engaging in retaliation, or individuals who encourage third parties to retaliate on their behalf. It is important to note that these expectations are in effect for everyone. If you retaliate against anyone involved in this investigation or conduct process, in any way, you will be subject to further conduct review. 

You can make a report in person, by mail, email eo@chapman.edu, or by phone. You do not need to know which policy might apply.

You may file a formal Complaint Form. While doing so is not required, it will greatly assist us in more efficiently handling your concerns. You may submit the complaint form in person (DeMille Hall 140), by email, online, or by electronic mail. Those with disabilities will be assisted by our staff in filling out the complaint form.

No. Complainants may choose to report to the University, make a police report, both, or neither. An investigation at the  University is separate from any criminal or legal process. The EOO supports any complainant who wishes to file a police report and will inform that individual of these reporting options. If an individual reports to the police, the EOO will cooperate with any police investigation to the extent possible under federal and state law.

The Director of the Equal Opportunity Office will meet with you to discuss the implementation of supportive measures. After the meeting the Director of the Equal Opportunity Office will assign an investigator from the Equal Opportunity team who will contact you to discuss supportive measures. When you meet with them, the investigator(s) will explain University policy, procedures, and support resources. They will ask you to explain what happened, including who, what, where, and when, so that they may identify an alleged policy violation. You will be asked to sign a Formal Complaint form to indicate that you are requesting the EOO to investigate a potential policy violation.  

Supportive measures can include academic flexibility requests, the implementation of a No Contact Directive, schedule changes for a University employee , or other steps to assist you during the process. You have the right to have an advisor of your choice present during this meeting. The Investigators will ask if you have any information to share or witnesses with whom you would like them to meet. 

A member of the Equal Opportunity team will request a meeting with you to explain the investigative process, as well as your rights within the process. In this meeting, the Investigator will review relevant University policies and procedures with you. The Investigator(s) will share information with you about the nature of the allegation(s) so you have enough information to respond to the allegations if you choose to do so. 

You have a right to have an advisor of your choice present during this meeting and any meeting thereafter that takes place as part of the investigation or appeal process. You will have the opportunity to discuss your perspective of the incident(s) in the first meeting, set up a second meeting to discuss, or decline to participate in an interview with the Investigator(s).

While the University does not compel Complainants or respondents to participate in investigations or hearings, complainants and respondents should be aware that participating in the fact-finding process is almost always a crucial component of the University’s ability to fully gather and analyze information. 

Should the complainant choose not to participate in the investigation at any point, the investigator(s) shall notify the Director of the Equal Opportunity Office to determine if the Complainant’s lack of participation requires that the decision-making process be discontinued. The Complainant may also work with the Director of the Equal Opportunity Office to withdraw their formal complaint. 

In those instances when the Director of the Equal Opportunity Office determines that the University must proceed with an investigation and hearing process despite the request of the Complainant,the Director of the Equal Opportunity Office will notify the Complainant that the University intends to initiate an investigation. The Complainant is not required to participate in this investigation or in any subsequent actions taken by the University. In all cases, the final decision on whether, how, and to what extent the University will conduct an investigation or proceed to hearing, and whether other measures will be taken in connection with a report of prohibited conduct, rests solely with the Director of the Equal Opportunity Office. 

Should the Complainant or Respondent decide not to participate in the hearing or participate in cross- examination during the hearing, the Board is unable to rely upon any statements provided by that party during the investigative phase when making a determination of responsibility. 

The EOO is following up on a reported concern, and believes you may have relevant information. When the investigators identify someone as a witness, it is typically because they believe that person may have relevant information, or a participating party has provided your name as a person would have relevant information related to a reported concern – not because that person is under investigation.

Once the Investigator(s) finish their fact-gathering portion of the investigation, the Investigator(s) will make all of their notes from each of their meetings available for review by the Complainant and Respondent directly involved with the case.

After a hearing has been convened and within 5 business days of receiving the hearing outcome, the parties will have an opportunity to submit a written appeal outlining why they believe one or more of the criteria for appeal exists in their case. Appeals are typically limited to 7 pages, double-spaced, 12-pt. font. In the instance of particularly complex or simultaneous cases, an extension on this page limit may be granted by the Director of the Equal Opportunity Office or designee.

The other party will be notified within 2 business days if an appeal is submitted. The notified party will have an opportunity, if requested, to review the original written appeal. They may submit a written response (typically limited to 7 pages, double-spaced, 12-pt. font) within 5 business days of being notified that an appeal was submitted. 

Once appeals requests are submitted, the appeals officer(s) will consider appeals requests narrowly, specific to the relevant criteria for appeal.

If you are writing an appeals request, you will need to be familiar with the possible criteria for an appeal. The Director of the Equal Opportunity Office will consider appeals requests narrowly, specific to the relevant criteria for appeals. Please review the Appeals Criteria listed in the Interim Discrimination, Harassment, and Retaliation Prevention Policy for Employees and the Interim Policy on Sexual Harassment Prohibited by Title IX.

All University employees are responsible employees, except for licensed professional counselors acting in that professional capacity.

If you observe or learn about any violation or possible violation of the Policy on Sexual Harassment Prohibited by Title IX (including discrimination, harassment, and sexual misconduct), you must report it to:

Dennis Kwarteng, Director of the Equal Opportunity Office & Investigation: Deputy Title IX Coordinator and ADA/504 Office, kwarteng@chapman.edu 714-997-6847

Reporting ensures that individual(s) receive timely information about their rights and how to access support following an incident. In addition, reporting is required under University policy and Title IX.

Contact Dennis Kwarteng, Director of the Equal Opportunity Office & Investigation: Deputy Title IX Coordinator and ADA/504 Office, kwarteng@chapman.edu 714-997-6847

A member of the EOO team will contact the party to inform them of their rights and options for support and resolution. The party can choose whether to respond, meet with the Director of the Equal Opportunity Office or decline to do so.

State the following: “As part of my position with the University, I am required to report situations of discrimination or harassment, including sexual assault. I will not be able to keep what you tell me confidential. The information you provide will be shared with the Director of the Equal Opportunity Office, whom will contact you about your options for support and formal reporting. You can choose whether to talk with the Director of the Equal Opportunity Office, also, I will not share anything you tell me beyond those who need to know.”

Should you require assistance with explaining your obligation please contact Dennis Kwarteng, Director of the Equal Opportunity Office & Investigation: Deputy Title IX Coordinator and ADA/504 Office, kwarteng@chapman.edu 714-997-6847

Listen without judgment, share information about resources on campus and in the University community, and inform the Equal Opportunity Office so supportive measures may be taken. The reporting party may also do the following:

• The reporting party may contact local law enforcement directly to make a report if they wish.
• The reporting party may contact the Department of Public Safety directly to make a report if they wish the Director of the Equal Opportunity Office, or designee, will assist if requested to do so).
• The reporting party may contact the Director of the Equal Opportunity Office to discuss reporting and support options.

 

The United States Department of Education is charged with enforcing Title IX and may level civil penalties against the University. In addition, you may face disciplinary action by the University.