Student-on-Student Sexual and Interpersonal Misconduct Policy & Student Title IX Policy

Below you will find frequently asked questions regarding our Student-on-Student Sexual and Interpersonal Misconduct Policy and Procedure and Student Title IX Policy.

We have two policies to ensure that any reported case of sexual or interpersonal misconduct is able to be heard, even if it does not meet the definitional requirements of sexual harassment under the 2020 Title IX regulations.

  • As soon as a student files a report of alleged sexual or interpersonal misconduct or Title IX sexual harassment with the Department of Public Safety (DPS), DPS will refer the case to the Title IX Coordinator. Upon receipt of a report of alleged sexual or interpersonal misconduct or Title IX sexual harassment, 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.

    The Title IX Coordinator will review reports filed with DPS to determine whether or not there is sufficient evidence to move forward with either the Student Title IX conduct process or one of the conduct processes outlined in the Student Conduct Code. Once that determination is made, if the student decides to move forward with either conduct process, DPS will begin its investigation. In Student Title IX cases, the Complainant will be required to sign a Formal Compliant document before the conduct process can commence.

    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 over the following to the Office of Student Conduct and Community Responsibility (OSCCR):

    • Relevant evidence submitted by the Complainant and Respondent;
    • The investigation report;
    • The investigation summary; and
    • Statements made by either the Complainant or Respondent to DPS after reviewing the investigation report or summary.
  • 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 over the following to the Office of Student Conduct and Community Responsibility (OSCCR):

    • Relevant evidence submitted by the Complainant and Respondent;
    • The investigation report.
  • 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 Officers 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 witnesses. All witnesses must be interviewed by DPS prior to the hearing. Expert witnesses are not allowed, and character witnesses are disfavored. The Conduct Officers 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.

  • Upon receipt of DPS' investigation report and summary, OSCCR will contact both students to schedule separate pre-hearing meetings. At each of the pre-hearing meetings, an OSCCR representative will explain what to expect in the hearing with cross examination 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 appeals process as well as any general questions they might have about the conduct process. 

    In non-Title IX cases, the Complainant and Respondent will have the opportunity to review the report submitted by DPS during the prehearing meeting for the first time.

    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 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 Officers, Complainant, Respondent, witnesses or Advisors.

    Hearings may not be recorded by the Complainant, Respondent, witness or Advisors. However, the hearing will be recorded by OSCCR, and the recording will be available for the Complainant and Respondent at their request.

    While the Complainant and Respondent will see each other through video-conferencing technology, currently during limited campus operations, and when LMU is operating under full campus operations, they will not be in the same room as one another.

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

  • 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 Officers, not the students' Advisors, will ask questions of all participating parties.

    While the Complainant and Respondent will see each other through video-conferencing technology, currently during limited campus operations, and when LMU is operating under full campus operations, they will not be in the same room as one another.

    Hearings will generally be private except for Conduct Officers, 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 Conduct Code

  • As soon as a Formal Complaint is filed, both students will be notified of their right to an Advisor. The Complainant and the Respondent are required to have an Advisor throughout the Student Title IX conduct process. 

    An Advisor may be anyone whom the Complainant or Respondent selects. 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. 

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

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

    Advisors serve the role of asking questions of the Complainant, Respondent and witness 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 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 conduct process, students are not required to have an Advisor in this process.

    Advisors may be anyone whom the Complainant or Respondent selects. 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 in understanding the conduct process during hearings, and an Advisor may not address the Conduct Officers or play any other role during the hearing with cross examination. 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 Officers 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 Conduct Code. (See Rights and Responsibilities for guidelines on selecting an Advisor.)

    An Advisor may not appear in lieu of the student.

  • Sanctions for violations of either the Student Title IX Policy or Sexual and Interpersonal Misconduct Policy and Procedure will be imposed if it is determined that the Respondent is responsible for an asserted Student Conduct Code violation. If the Respondent is found not responsible, the charge will be dismissed. The burden of proof will be upon the Complainant, who must establish the responsibility of the Respondent utilizing the preponderance of the evidence standard.

    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 Student Conduct Code violations, not just those that are similar to the case in question. Possible sanctions include, but are not limited to, disciplinary warnings, removal from student housing, suspension or dismissal from the University.

    For more information regarding the decision of the Conduct Officers, please review the Student Conduct Code or Student Title IX Policy as applicable.

  • Proceedings will progress without regard to or for the pendency of criminal or civil proceedings. Student Title IX or Student Conduct Code 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 Student Conduct Code proceedings, may assert their Fifth Amendment privilege against self-incrimination during Student Conduct Code proceedings. Conduct Officers 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.

  • For instances that fall under either the Student Title IX Policy or the Student-on-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.

    For more information regarding appeals under the Student Title IX policy, please review Section VII of the Student Title IX Policy.

    For more information regarding appeals under the Student on Student Sexual and Interpersonal Misconduct Policy and Procedure, please review Sections X and XI of the Student Conduct Code.