Discrimination and Civil Rights

Retaliation is strictly prohibited. The University’s Non-Retaliation Policy protects you from experiencing an “adverse action” because you filed a complaint, had a complaint filed against you, or participated in an investigatory or alternative resolution process. If you feel that you have been retaliated against you should report it to OIE immediately at speakup.nd.edu.

The University may address concerns about retaliation by incorporating the allegations into an ongoing investigation or through a separate investigation, depending on the circumstances of the complaint.

No, except in rare circumstances.  When a report is filed with OIE, a staff member will reach out to the allegedly harmed individual to provide information about support and resources available. The individual is under no obligation to respond to OIE or provide information about the alleged incident(s).

If the allegations, if substantiated, would violate the University’s policies, a staff member will inform the individual of their ability to request an investigation. An investigation will not be initiated without the individual’s request except under certain circumstances where one or more of the following factors are present:

• A pattern of behavior involving the alleged harasser, a group of individuals, and/or a specific location;

• Threats of future sexual or other violence by the Respondent;

• The use of a weapon;

• Whether the allegedly harmed individual is a minor; and/or

• Other risks to the University community.

When an alleged harasser isn’t affiliated with the University, the Office of Institutional Equity’s ability to investigate or impose disciplinary sanctions may be limited. However, there may still be steps the University can take to address the conduct and prevent its recurrence.

Yes. You can speak confidentially with on-campus resources like the University Counseling Center, University Health Services, and vowed religious staff in Campus Ministry.  Off-campus resources, such as RAINN.org and the Family Justice Center of St. Joseph County also provide confidential support.  Unless there is an imminent threat to you or the community, these confidential resources will not share the information you disclose to them.  Learn more about available on- and off-campus resources.

During or prior to an investigation, parties can request various supportive measures such as work or academic schedule changes, adjustments in University-owned housing, access to counseling, and no-contact orders.  Other on- and off-campus support is also available. 

Additionally, if an investigation is pursued, students are entitled to bring a support person to any meeting with an OIE staff member.  Please note that support persons are expected to refrain from verbally participating in any meeting and should assume a non-speaking role in the process.

Yes. The University’s policies apply to conduct that is made in the context of an educational program or activity or that otherwise affects the University’s work or educational environment, regardless of where the conduct occurs (.e.g, off-campus, online/virtually, etc.).

Yes, but the University’s ability to meaningfully investigate an incident or impose disciplinary sanctions may be limited.  An anonymous report can be filed through the ND Integrity Line.

Yes, in most circumstances. Any party can request an alternative resolution, such as a mediated discussion or restorative conference, rather than an investigatory process. The University considers requests for alternative resolution on a case-by-case basis and prioritizes the parties' safety and the campus community’s well-being. If an alternative resolution process is possible, an OIE staff member will explain all options to the parties so they can make an informed choice​. The alternative resolution process is entirely voluntary and all parties must agree to pursue it before moving forward.

Parties can request that an alternative resolution process be utilized even after an investigation has already been initiated. Parties can also request to pursue an investigation if the alternative process is not productive or they otherwise change their mind. However, once a decision has been reached at the end of an investigatory process about whether a policy violation occurred, or once an agreement is reached in an alternative process, parties can no longer request that a different resolution process be initiated.

The conduct should should still be reported.  The Office of Institutional Equity is empowered to investigate and hold accountable the collective behavior of groups of individuals such as student clubs, organizations, teams, residential communities, administrative or academic departments, etc.