An NAU Title IX lawyer can help you tell which procedure controls your case, protect your access to evidence, and prepare for advisor led questioning at a live hearing.
Northern Arizona University resolves formal complaints of Title IX sexual harassment under an exclusive Title IX procedure housed in the University Policy Library, with the Sexual Misconduct Policy supplying definitions and sanction ranges. Cases outside the Title IX definition may proceed under the student complaint procedure for nondiscrimination, anti-harassment, and sexual misconduct matters. Your notice letter should state which track and which procedure applies, since the clocks and hearing models differ. Background is at what is Title IX.
Intake: report versus formal complaint in Flagstaff
A report and a formal complaint are not the same step at NAU. A report notifies the university of possible misconduct and triggers outreach about supportive measures.
Only a formal complaint filed with the Title IX Coordinator can start the Title IX grievance process. A formal complaint must allege conduct in the United States that could constitute Title IX sexual harassment, state what action the complainant requests, state that the complainant participates, is attempting to participate, or previously participated in a university education program or activity, and carry a signature. It may be filed by hand, mail, email, or the secure online form.
The Title IX Coordinator reviews a submitted formal complaint within five business days of receiving the required elements and confirms intent where the filing is unclear. Reports should be made promptly because delay can erode memories and evidence. Practical first steps after notice are at after you have been accused.
Investigation: evidence access and the draft report
Once a formal complaint is accepted, the Office for the Resolution of Sexual Misconduct assigns an investigator who gathers inculpatory and exculpatory evidence. The university carries the burden of proof and of gathering evidence. Both sides receive a notice of allegations with the policy provisions, date, time, location, and identities involved, sent at least five business days before any investigative interview so there is time to prepare and arrange an advisor.
First, both sides may inspect and review all evidence obtained in the investigation, including evidence the university does not intend to rely on, with a meaningful chance to respond before the investigation concludes.
Second, the investigator prepares a draft investigation report summarizing the relevant evidence without credibility findings or responsibility recommendations, and both sides have ten business days to submit a written response with questions, evidence, witnesses, and a personal statement. Responses are appended to the final report.
Absent extraordinary circumstances, information discoverable through reasonably diligent, persistent effort that is not given to the investigator by the end of that ten-business-day response period will not be considered in the responsibility determination. How investigators build records is at Title IX investigation.
Hearing and advisor: three member panel with advisor questioning
NAU uses a live hearing before a three member trained panel with a designated chair to decide Title IX cases that have not been dismissed, withdrawn, or otherwise resolved. The chair sends a written notice of hearing to the parties and their advisors no less than twenty calendar days before the hearing date. This is advance notice, not a response deadline.
A pre-hearing conference clarifies witnesses, evidence, and questions, followed by a pre-hearing order that can be reconsidered during the hearing. Hearings may be in person or virtual, with separate room placement on request. Hearing format is at how do Title IX hearings work.
Each side may be assisted throughout by an advisor of choice, who may be an attorney. If you plan to bring an advisor to grievance proceedings, you must share the advisor name and contact details at least ten calendar days before the pre-hearing conference.
At the hearing, only advisors question the other side, directly, orally, and in real time, subject to relevance rulings by the chair. Parties themselves never question each other. If you have no advisor at the hearing, the university provides one without fee for questioning purposes. The hearing is recorded and available for inspection and review.
No inference of responsibility may rest solely on a party or witness absence or refusal to answer. Defense planning notes are at title-ix-defense-strategies.
Sanctions and emergency measures
The panel decides responsibility by simple majority in private deliberations, using the preponderance standard: more likely than not. Where the respondent is found not responsible, the chair transmits the written decision to both sides within five business days.
Where the respondent is found responsible, within five business days of the determination, the chair transmits the decision to the Title IX Coordinator and to the Dean of Students or appropriate office, which sets the sanction and notifies both sides simultaneously.
NAU’s non-exhaustive list of possible sanctions includes additional training or education, suspension, and expulsion. Separate supportive measures include counseling, schedule changes, and housing changes. Related consequences are at consequences of a Title IX violation.
Separately, the university may remove a respondent on an emergency basis after an individualized safety assessment finding an immediate threat to physical health or safety. A written challenge must reach the Coordinator or designee no later than five business days after the removal takes effect, the other side may respond within two business days, and the university decides the challenge within five business days.
Good faith student reporters, bystanders, and witnesses receive limited amnesty for alcohol or drug use around the time of the conduct.
Appeals: responsibility versus dismissal
Both sides may appeal responsibility findings and sanctions. Decisions become final fifteen business days after issuance unless appealed. Appeals are submitted in writing within that fifteen business day window, and student appeals are heard by the Vice President for Student Affairs or designee.
Five grounds are available: procedural irregularity affecting the outcome, new evidence not reasonably available at the responsibility determination that could affect the outcome, insufficient or excessive sanction severity, a decision not reasonably justified by the evidence or contrary to law, and conflict of interest or bias affecting the outcome.
The appeal decision arrives in writing to both sides within fifteen business days from the date no further appeal can be filed, absent an unanticipated delay notified to both parties. The full appeal process may take up to sixty business days. Outcomes include upholding or modifying the sanction or granting a rehearing before a new panel. Appeal mechanics are at title-IX appeals.
Dismissal works on a separate clock. A complaint must be dismissed from the Title IX track where the alleged conduct would not constitute Title IX sexual harassment even if proved, occurred outside the education program or activity, or occurred outside the United States, and may be dismissed where the complainant withdraws, the respondent leaves, or evidence cannot be gathered.
The dismissal notice states reasons and gives each side ten business days after issuance to file an appeal or a supporting or challenging statement, shared with all parties. Dismissal from the Title IX track does not block action under other procedures.
Frequently asked questions
Does every NAU report lead to a Title IX hearing?
No. Reports start support and screening. Only a formal complaint starts the grievance process, and a hearing follows unless the complaint is withdrawn, dismissed, or resolved by accepted responsibility or informal resolution.
How do I see the evidence?
You may inspect all inculpatory and exculpatory evidence gathered, including material the university will not rely on, and you have ten business days to respond in writing to the draft investigation report before it is finalized.
Will there be a live hearing?
In Title IX cases that proceed past investigation, a three member panel holds a live hearing with advisor led questioning. You receive written notice at least twenty calendar days before the hearing date.
NAU Title IX lawyer as advisor?
You may bring an advisor of choice, who may be an attorney, throughout the process. Name your advisor at least ten calendar days before the pre-hearing conference. If you have no advisor at the hearing, the university provides one without fee for questioning.
How do I appeal?
File a written appeal within fifteen business days of a responsibility decision on one of the five stated grounds. For a dismissal, file an appeal or statement within ten business days as directed in the dismissal notice.
More guides for Arizona schools: Arizona Title IX lawyer.
Disclaimer
This guide provides general information about NAU’s grievance process and is not legal advice. Confirm the applicable policy version and deadlines with the office handling your case. This site is not affiliated with Northern Arizona University. No attorney client relationship is created by reading this page. For advice about your matter, contact a qualified attorney promptly, because appeal and review deadlines are short.
Sources
- Title IX Sexual Harassment Procedure, University Policy Library
- Sexual Misconduct Policy, University Policy Library
- Sexual Misconduct policy landing page, University Policy Library
- Title IX office hub
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