Sexual and Interpersonal Misconduct & Title IX Sexual Harassment Policies

Upon receipt of a report of alleged sexual or interpersonal misconduct or Title IX sexual harassment, the Department of Public Safety (DPS) will generally reach out to the person who filed the report to gather more information. This initial fact gathering, does not mean the conduct process has been initiated. For more information about how to file a report, click here.

As soon as a student files a report of alleged sexual or interpersonal misconduct or Title IX sexual harassment with DPS, the Title IX Coordinator will be notified. The Title IX Coordinator will review reports to determine whether the allegation constitutes a report of sexual or interpersonal misconduct, and if yes, which policy applies. Depending the specifics of the allegations, the process followed can either be found in the Student Sexual and Interpersonal Misconduct Policy or the Student Title IX Sexual Harassment Policy. In Student Title IX cases, the Complainant will be required to sign a Formal Complaint document. Once it is determined which policy applies, if the student decides to move forward with one of the conduct processes, an investigation will be conducted. The Title IX Coordinator may also determine the appropriateness of offering informal resolution to the parties involved. Regardless of which policy the allegation falls under, if the University offers and both parties agree to an informal resolution process, the University will postpone the investigation and the conduct process.

Regardless of whether a student decides to move forward with the conduct process, they will receive access to supportive measures. For more information regarding supportive measures, please visit the LMU CARES website.

Reports will be investigated by the Department of Public Safety (DPS). The Complainant, Respondent and any witnesses will meet with DPS to answer questions and present evidence. Upon completion of its investigation, DPS will send the final investigation report to the Office of Student Conduct and Community Responsibility (OSCCR).

Upon receipt of the Department of Public Safety's investigation report and summary, the Office of Student Conduct & Community Responsibility (OSCCR) will contact both students to schedule separate hearing preparation meetings. At each of the hearing preparation meetings, an OSCCR representative will explain what to expect in the hearing to the Complainant and the Respondent. This meeting is a chance for the Complainant and the Respondent to ask questions about the hearing, the decision-making process, the appeal process as well as any general questions they might have about the conduct process. 

After an OSCCR representative meets with all involved persons, a hearing date will be set. 

During the hearing with cross-examination, the Complainant and Respondent will see each other through video-conferencing technology, but they will not be in the same room together.

During the hearing with cross-examination, the Complainant and Respondent will have the opportunity to answer questions regarding evidence relevant to the alleged misconduct.

The Advisor of the Complainant will question the Respondent. The Advisor of the Respondent will question the Complainant. Advisors will question any witnesses. 

Hearings are generally kept private except for Conduct Administrators, Complainant, Respondent, witnesses or Advisors.

Hearings may not be recorded by the Complainant, Respondent, witness or Advisors. However, the hearing will be recorded by the Office of Student Conduct & Community Responsibility, and the recording will be available for the Complainant and Respondent at their request.

For more information about hearings, please review the Student Title IX Sexual Harassment Policy. 

This process is for allegations that may result in either suspension or dismissal from the University. For procedures regarding allegations that do not have the potential for suspension of dismissal, please consult the Student Sexual and Interpersonal Misconduct Policy.

During the hearing the Complainant and Respondent will see each other through video-conferencing technology, but they will not be in the same room as one another.

During the hearing with cross-examination, the Complainant and Respondent will have the opportunity to answer questions regarding evidence relevant to the alleged misconduct.

The Complainant and Respondent may submit questions in advance of the hearing to be asked of the opposing party and witnesses. While students are permitted to have Advisors attend the hearing, Conduct Administrators will ask questions of all participating parties.

Hearings will generally be private except for Conduct Administrators, parties and Advisors. Recording devices of any kind are not permitted for use by the students, witnesses or Advisors.

For more information about hearings, please review the Student Sexual and Interpersonal Misconduct Policy.

The Complainant and Respondent are permitted to call appropriate fact, expert and/or character witnesses to be questioned during the hearing. All witnesses must be interviewed by DPS prior to the hearing. The Conduct Administrators must be notified prior to the hearing that the student plans to provide a witness. The witness must have relevant knowledge and information pertaining to the case. 

The Complainant and Respondent may call appropriate material witnesses. All witnesses must be interviewed by DPS prior to the hearing. Expert witnesses are not allowed, and character witnesses are disfavored. The Conduct Administrators must be notified prior to the hearing that the student plans to provide witnesses. Witnesses must have relevant knowledge and information pertaining to the case.

As soon as a signed Formal Complaint is received, both students will be notified of their right to an Advisor. The Complainant and the Respondent are required to have the assistance of an Advisor in the Student Title IX Sexual Harassment conduct process, as the advisor will conduct cross-examination during the hearing on behalf of their advisee. 

The Complainant and Respondent may select the advisor of their choice. The advisor may be, but is not required to be, an attorney. If either student cannot find someone to serve as an advisor, LMU will appoint an Advisor for the student. 

The advisor's role is to assist students as they move through either the conduct process or an informal resolution process.

An advisor is permitted to attend all meetings (i.e., investigation interviews, hearing preparation meeting) with students who are going through the process. Advisors are not permitted to participate in these meetings prior to the hearing with cross-examination, only to provide support for the student. 

Advisors will have access to evidence, DPS investigation reports and DPS investigation summaries. 

Advisors will ask questions of the Complainant, Respondent and witness(es) during the hearing with cross examination. 

An advisor may not appear in lieu of the student.

Advisors are required to adhere to rules and regulations established in the Student Title IX Sexual Harassment Policy.

The Complainant and Respondent have a right to have an advisor assist them throughout the conduct process, however, unlike in the Student Title IX Sexual Harassment conduct process, students are not required to have an advisor in this process.

The Complainant and Respondent may select the advisor of their choice. The advisor may be, but is not required to be, an attorney. If either student wants an advisor, but cannot find someone to serve as an advisor, LMU will appoint an advisor for the student.

The advisor's role is to assist students as they move through either the conduct process or an informal resolution process. This includes appearing at hearings or meetings with their student advisee. Advisors are not permitted to address Conduct Administrators directly or play any other role during the hearing with cross-examination other than providing support to their student. All communication involving advisors, must be between the advisor and the student.

Students who wish to have the assistance of an advisor during the hearing process must inform the Conduct Administrators via email at least two days prior to the scheduled date of the hearing.

Advisors are required to adhere to rules and regulations established in the Student Sexual and Interpersonal Misconduct Policy. (see Section VI for more information).

An advisor may not appear in lieu of the student.

Sanctions for violations of either the Student Title IX Sexual Harassment Policy or Student Sexual and Interpersonal Misconduct Policy will be imposed if it is determined that the Respondent is responsible for an alleged violation(s). If the Respondent is found not responsible, the charge(s) will be dismissed.

A student's conduct history and record are cumulative; therefore, increased sanctions may be imposed to take into consideration the student's complete record of all conduct violations, regardless of policy and not just those that are similar to the case in question. Possible sanctions include, but are not limited to, warnings, probation, educational sanctions, removal from student housing, suspension or dismissal from the University.

For more information regarding the decision of the Conduct Administrators, please review the Student Sexual and Interpersonal Misconduct Policy or Student Title IX Sexual Harassment Policy as applicable.

Student conduct proceedings will progress without regard to or for the pendency of criminal or civil proceedings. Student Title IX Sexual Harassment or Student Sexual and Interpersonal Misconduct Policy proceedings are not subject to challenges on the grounds that criminal or civil charges involving the same incident/conduct are being investigated, prosecuted or have been reduced or dismissed.

Students subject to actual or potential criminal charges relating to conduct alleged in pending conduct proceedings may assert their Fifth Amendment privilege against self-incrimination during the hearing. Conduct Administrators will evaluate all other evidence when making a final decision, but no inference of responsibility will be drawn from the assertion of the Fifth Amendment privilege.

Cases that fall under either the Student Title IX Sexual Harassment Policy or the Student Sexual or Interpersonal Misconduct Policy, both the Complainant and Respondents can appeal. The Complainant and Respondent will have an opportunity to respond to the appeal that is filed by the other party.

Complainant and Respondent have 5 days to file their appeal.  

Any sanctions that have been imposed will be put on hold while the appeal is heard, unless specified otherwise in the decision letter.

For more information regarding appeals under the Student Title IX Sexual Harassment Policy, please review Section XIII.

For more information regarding appeals under the Student Sexual and Interpersonal Misconduct Policy, please review Section XIII.