Retaliation and False Complaints

VIII.    Retaliation and False Complaints

A.    Retaliation

Retaliation means to intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege secured by Title IX or its regulations, or because the individual has made a report or complainant, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under this Policy or Title IX regulations.  

Intimidation, threats, coercion, or discrimination, including charges against an individual for code of conduct violations that do not involve sex discrimination or sexual harassment, but arise out of the same facts or circumstances as a report or complaint of sex discrimination, or a report or formal complaint of sexual harassment, for the purpose of interfering with any right or privilege secured by Title IX or its regulations, constitutes retaliation.

The exercise of rights protected under the First Amendment does not constitute retaliation.

Charging an individual with a code of conduct violation for making a materially false statement in bad faith in the course of a grievance proceeding under this Policy does not constitute retaliation.  A determination regarding responsibility, alone, is not sufficient to conclude that any party made a materially false statement in bad faith.

The Title IX Coordinator shall determine whether allegations of retaliation shall be included in the handling of a Formal Complaint, or whether they shall be referred to Student Development, Human Resources, or an appropriate Vice President for handling in accordance with procedures for addressing violations of University policies.

B.    False Complaints

Any Complainant who knowingly makes false charges alleging violations of this policy may be subjected to disciplinary action.  A good faith complaint which is later not substantiated is not considered to be a false complaint.