»General Title IX Reporting & Investigation FAQs

Affirmative consent means affirmative, conscious, and voluntary agreement to engage in sexual activity. It is the responsibility of each person involved in the sexual activity to ensure that they have the affirmative consent of the other or others to engage in the sexual activity. Affirmative consent must be ongoing throughout a sexual activity and can be revoked at any time. 

• Lack of protest or resistance does not mean consent.  
• Silence does not mean consent. 
• The existence of a dating relationship between the persons involved, or the fact of past sexual relations between them, should never by itself be assumed to be an indicator of consent.  

It shall not be a valid excuse that the Respondent believed that the Complainant affirmatively consented to the sexual activity if the Respondent knew or reasonably should have known that the Complainant was unable to consent to the sexual activity under any of the following circumstances:  

• The Complainant was asleep or unconscious. 
• The Complainant was incapacitated due to the influence of drugs, alcohol, or medication, so that the Complainant could not understand the fact, nature, or extent of the sexual activity.  
• The Complainant was unable to communicate due to a mental or physical condition.  

In addition, it shall not be a valid excuse to allege lack of affirmative consent that the Respondent believed that the Complainant consented to the sexual activity under either of the following circumstances:  

• The Respondent’s belief in affirmative consent arose from the intoxication or recklessness of the Respondent.  
• The Respondent did not take reasonable steps, in the circumstances known to the Respondent at the time, to ascertain whether the Complainant affirmatively consented. 

If you are sexually active, it is critical that you understand the boundaries of consent. Before you engage in sexual activity with your partner(s), you must take reasonable steps to ascertain 1) whether your partner(s) understand the who, what, when, where, why and how of the sexual activity, and 2) whether your partner(s) communicated, through mutually understandable words or actions, that they are actively and willingly consenting to every stage of sexual activity. 

For the full definition of consent, please refer to the Student Sexual Misconduct Policy. 

According to the Student Sexual Misconduct Policy, the following behaviors are prohibited: sexual harassment (quid pro quo or hostile environment), sexual assault, dating violence, domestic violence, stalking, sexual exploitation and retaliation. 

For more information, please see the Student Sexual Misconduct Policy. 

During an investigation's fact-gathering phase, the investigator(s) will meet with the complainant, respondent and identified witnesses. The investigator(s) will ask the parties for all information related to the allegations, including names of witnesses and documentation related to the incident, which may include, for example, documented communications between parties, receipts, photos, video, or other information relevant to the allegations. 

While the investigator(s) will attempt to gather information from all relevant parties, the University does not compel anyone to participate in the process. 

For student(s)-on-student(s) matters, the Title IX Coordinator or designee(s) is responsible for intake and Title IX investigators are responsible for the formal investigation. Other University administrators experienced in hearing Title IX cases are involved if the matter goes to a hearing or appeal. All administrators who are involved in the initial intake, investigation, and appeals process participate in annual, specialized training specific to their roles in order to be involved in the Title IX process at Chapman University. 

For more information about the investigation process, please see Investigation Procedures for Student Matters. 

The University will complete investigations and hearings in a prompt, fair, and impartial manner, generally within 90 calendar days. University holidays and breaks will likely impact the time that it may take to conclude an investigation or conduct a hearing. During the course of the investigation, the investigator(s) will provide, at a minimum, monthly updates to the parties about the general progress of the investigation.  

Cases that are particularly complex or involve unusual circumstances may require more than 90 days for the investigation process. For good cause, the process may be temporarily delayed if written notice is provided to the parties. Good cause may include, but is not limited to, the absence of one of the parties, a party’s advisor or a witness, a concurrent law enforcement investigation or the need for language assistance or accommodations for disabilities. If the Title IX Coordinator, investigator(s), and/or hearing officer(s) determine that an extension of the 90-day investigation timeline is warranted or necessary, they will notify the parties in writing, including the reason for the delay and the anticipated date of completion. 

The timeline for any appeals process is 30 business days. If the Title IX Coordinator and/or appeals officer determine that an extension of the 30-day appeals timeline is warranted or necessary, they will notify the parties in writing, including the reason for the delay and the anticipated date of completion. 

Supportive measures are available regardless of whether or not the Complainant chooses to report full details (such as the name of the Respondent) to the University or to law enforcement or file a formal complaint with the University. For more information on supportive measures, please see the Supportive Measures page. 

If a student decides to file a formal complaint with the University, there are three ways it can be resolved: 

• Investigation and hearing 
• Respondent accepts responsibility for all alleged violations 
• Alternative resolution options 

Alternative Resolution: At the request of an involved party, and with the agreement of the other parties, some conduct reported under this policy may be addressed by alternative resolution. The goals of alternative resolution are to address reported behavior, prevent recurrence, and remedy effects without completing a formal investigation and hearing process. It is flexible by nature and tailored to the specific circumstances of a particular case. Alternative resolution will be considered only when consistent with institutional values, legal obligations and the voluntary, mutual agreement of all involved parties, including the University. 

Alternative resolutions may include targeted or broad-based educational programming/training, adjustments made to reduce proximity between the parties, and/or direct or indirect action by the Title IX Coordinator or the University designed to meet the goals of the informal resolution as stated above. More specifically, alternative resolutions may include, but are not limited to: 

• Permanent no-contact order between the parties 
• Changes to employment arrangements, living arrangements, class schedule, dining facilities, or advisor/supervisor arrangements, as feasible 
• Written apology and/or explanation of the circumstances surrounding the agreement 
• Educational training for an individual, group or unit 
  • Online educational modules (for example, alcohol or drug education) 
  • Meeting(s) with University staff members 
• Community service 
• Restorative justice 
• Agreed-upon restriction from participation in specific student groups 
• Agreed upon restriction from participation in specific events 
• Mediation/Facilitated discussion 
  • Mediation is one form of informal resolution that may be considered in some cases. However, Chapman does not deem mediation appropriate for cases involving alleged sexual violence, including reports of alleged sexual assault, stalking, dating violence or domestic violence. 

Participation in the alternative resolution is voluntary, and a party may request to end the informal process and begin the formal investigation process at any time prior to resolution. If the Respondent fails to complete the required outcomes, the matter may move to a formal investigation and hearing process under this policy, or the Respondent may be subject to further conduct action under the Student Conduct Code. 

For more information about alternative resolutions, please see the Student Sexual Misconduct Policy. 

All reports of possible sexual harassment or other sexual misconduct are reviewed by a Title IX Coordinator at the University. Once a report is received, the Title IX Coordinator and/or investigator(s) conduct outreach to the individual who is alleged to have experienced sexual harassment or other sexual misconduct (referred to in this process as the complainant). The University prioritizes student safety and will take action to help students connect with immediate medical attention or resources such as counseling or interim and supportive measures. The Title IX Coordinator or Title IX investigator(s) will meet with the complainant to understand what happened and how that individual wants to proceed. The complainant will receive information about reporting options and support resources at that time. 

Before an investigation can begin, the complainant will need to submit a formal complaint and indicate that they wish an investigation to commence.  

Investigations for student(s)-to-student(s) matters and cases in which a student is the individual alleged to have violated policy usually involve two specially trained Title IX investigators meeting with the complainant, the individual alleged to have violated policy (known as the respondent), and any relevant witnesses. The investigator(s) will gather relevant information and documentation during an information-gathering phase and then allow both the complainant and respondent to review the collected information. After this review the investigation report is forwarded to a hearing board for a hearing. The hearing is an opportunity for the hearing board to hear from the complainant, respondent, and witness(es) and to gather information needed to determine whether the Student Sexual Misconduct Policy and/or the Student Conduct Code has been violated. 

If, after having the opportunity to review the finalized investigation report, the Complainant and/or Respondent choose not to participate in a hearing or requests an alternate resolution outside of hearing, the Title IX Coordinator shall determine whether a hearing shall be convened.  Should the Respondent or Complainant decide not to participate in the hearing, the hearing board is unable to rely upon any statements provided by that party during the investigative phase when making a determination of responsibility.

To report an incident(s) or file a report regarding a University employee or student, there are many places you can start. Please see the Title IX Reporting Options page for more information.

It is important to note that all University employees (except those who are designated as confidential resources) are required to report any allegation of possible sexual misconduct. If you choose to check in with your RA, RD, Public Safety, or another individual on campus who you trust, that person will help you get in contact with the Title IX Coordinator and investigators. 
 
For more information about the investigation process, please see Investigation Procedures for Student Matters.

All University employees, except for those recognized as privileged and confidential sources on campus, are required to report incidents of sexual misconduct. 

The University has identified individuals and departments on campus who have a professional requirement to maintain confidentiality* of a conversation with a complainant, respondent, or witness who wants someone to talk to, but does not want to report the incident to the University. If a complainant, respondent, or witness discloses sexual violence to a below mentioned individual when that individual is not acting in the role that provides them privilege (such as when a counselor is serving as a professor rather than in their counseling role), the individual is required to make a report to the Title IX Coordinator. The following are individuals and departments on campus who are privileged and confidential resources when working in the following roles: 

Advocate*

• Dani Smith, Ed.D., Chapman University Sexual Assault/Rape Crisis Counselor
  • (714) 744-7080
  • dasmith@chapman.edu

Privileged Support People*

• Reverend Gail Stearns, Ph.D., Dean of Chapel
  • (714) 628-7289
• Reverend Nancy Brink, Director of Church Relations
  • (714) 997-6760
• Father Rafael Luévano
  • (714) 532-6098
• Shaykh Jibreel Speight, Director of Muslim Life
  • (714) 628-2646
• Reverend Cisa Payuyo, Associate Director of Church Relations
  • (714) 997-6760

Support Services*

• Student Psychological Counseling Services
  • During business hours: (714) 997-6778

• Frances Smith Center for Individual & Family Therapy
  • (714) 997-6746

*While the individuals listed above have a professionally required duty to refrain from disclosing information reported to them, there are certain, specific situations in which they are not able to keep the disclosure private. Those situations are: (1) if someone may be a danger to themselves or others, (2) information about any minor or elder currently being subjected to abuse or neglect – including intentional access to unlawful sexual images, or (3) in some cases if the information is subpoenaed for court proceedings.

There is no time limit for making a report. In fact, the University recognizes the sensitive nature of these incidents, and acknowledges that many reports of Sexual Misconduct are delayed. If the report is delayed to the point where one of the parties has graduated by the date of institutional notice, the University will still seek to meet its Title IX obligation by taking steps to end the harassment, prevent its recurrence, and remedy its effects, when appropriate. 

The University does encourage the prompt reporting of prohibited conduct as prompt reporting allows for the collection and preservation of evidence, digital media and witness statements. The University’s ability to investigate and respond may be limited by delay. 

The Title IX Coordinator and investigators recognize the sensitivity and personal nature of these types of incidents and will ask anyone sharing information during an investigation to respect the privacy of those involved. In accordance with federal law and University policy, the Title IX Coordinator and investigators only share information on a need-to-know basis to those with a legitimate need to know. This means that the individuals usually informed about investigations are those involved in the investigation and possible adjudication processes. These individuals generally include the Title IX Coordinator, Title IX investigators, Title IX administrative assistant(s), and any potential hearing officers, hearing coordinator, and appeals body, if requested. 

Therefore, if your professors do not have a legitimate need to know about the investigation to perform in their roles as faculty, they will not be informed of it. At times, complainants may find that an investigation divides their attention away from their academics, and they therefore request supportive measures such as a general notification to their faculty that they are experiencing personal difficulties. This notification does not specify anything about your involvement in an investigation, but it does request for faculty to offer reasonable flexibility with coursework, deadlines, or exams. Other supportive measures can be discussed based on your specific needs, including any adjustments that may aid in your success at the University after the conclusion of the investigation and/or hearing. 

Retaliation is strictly prohibited, and Chapman takes any allegations of retaliation against anyone involved in the investigation or conduct process very seriously. If you believe you have been mistreated or otherwise retaliated against because of your participation in this investigation, please inform the University immediately. 

The Chapman University Student Sexual Misconduct Policy prohibits “adverse action taken against anyone for reporting, supporting, or assisting in the reporting and/or adjudication of any of the behaviors prohibited in this policy, or against anyone perceived to be involved in any of these actions. Retaliation may include intimidation, violation of a No Contact order, harassment, efforts to impede an investigation, or filing a false or bad faith cross-complaint.” Retaliation is a violation of policy whether or not the underlying complaint of sexual misconduct is found for be a violation of policy. 

The University will impose sanctions on any faculty, student, or staff member found to be engaging in retaliation, or individuals who encourage third parties to retaliate on their behalf. It is important to note that these expectations are in effect for everyone. If you retaliate against anyone involved in this investigation or conduct process, in any way, you will be subject to further conduct review. 

A Title IX Coordinator or Title IX investigators will request a meeting with you to follow up on your report and connect you with resources. When you meet with them, the Title IX Coordinator or investigators will explain Chapman’s policies, procedures, and support resources. They will ask you to explain what happened, including who, what, where, and when, so that they may identify an alleged policy violation. You will be asked to sign a Formal Complaint form to indicate that you are requesting the University to investigate a potential policy violation.  

The Title IX Coordinator or Title IX investigators will also discuss the availability of supportive measures with you. Supportive measures can include academic flexibility requests, changes to your on-campus housing accommodations, or other steps to assist you during the process. You have the right to have an advisor of your choice present during this meeting. The Title IX Coordinator and/or investigators will ask if you have any information to share or witnesses with whom you would like them to meet. 

For more information about the investigation process, please see Investigation Procedures for Student Matters. You may also read the full outline of procedures in the Student Sexual Misconduct Policy. 

The Title IX Coordinator or Title IX investigator(s) will request a meeting with you to explain the investigative process as well as your rights within the process. In this meeting, the Title IX Coordinator or Title IX investigator(s) will review relevant University policies, procedures, and support resources. They will also discuss any adjustments that need to be made, such as the implementation of a no-contact order or changes to classes or housing accommodations. These are called supportive measures. The Title IX Coordinator or Title IX investigator(s) will share information with you about the nature of the allegation(s) so you have enough information to respond to the allegations if you choose to do so. 

You have a right to have an advisor of your choice present during this meeting and any meeting thereafter that takes place as part of the investigation or appeal process. You will have the opportunity to discuss your perspective of the incident(s) in the first meeting, set up a second meeting to discuss, or decline to participate in an interview with the investigator(s). 

For more information about the investigation process, please see Investigation Procedures for Student Matters. 

For student(s)-to-student(s) matters and matters in which there is a student respondent, two investigators will likely participate in the meeting(s) that you have with them as part of the investigation. Both investigators will take notes and ask you questions, but you may decline to answer. The investigators will ask you about what happened and allow you the opportunity to share however much or as little as you like. The investigators will ask follow-up questions to better understand your account, and they will ask you if there are any potential witnesses with whom you would like the investigators to meet as part of their investigation. The investigators will also ask for any potential information or documentation that you might have (texts, screenshots, emails, photos, or other documentation) that could help them better understand the incident(s) in question. The investigators will end the meeting with you by asking you if there is anything you would like to share, including documentation or other information you would like them to consider. If there is information you want the investigators to have that they did not ask about specifically, you are encouraged to share that information. 

You have the right to have an advisor of your choice with you during all meetings you participate in during the process. 

Once you finish meeting with the investigators, they will meet with other potential witnesses to continue their investigation. For student(s)-to-student(s) matters and matters in which there is a student respondent, the investigators will compile their notes from meetings with you, the respondent, and witnesses and provide this information to you once they have met with everyone and finished their information-gathering. During this time, called information review, you will have an opportunity to see everything collected during the investigation. After the information review period, a hearing is convened. The hearing is an opportunity for the hearing officer(s) to hear from the complainant, respondent, and witness(es) and to gather information needed to determine whether the Student Sexual Misconduct Policy and/or the Student Conduct Code has been violated. The complainant and respondent can bring a written statement to this meeting, may share their perspective verbally, or both. The hearing officers will ask the complainant and respondent questions at the hearing and the respondent's advisor will also have the opportunity to ask you and the witnesses questions. Your advisor will be able to as questions of the respondent and witnesses as well. 

Learn more about the investigation process or read the Student Sexual Misconduct Policy. 

The Student Sexual Misconduct Policy outlines the full investigation process for student(s)-to-student(s) matters and cases in which a student is the respondent.   

Generally, once an allegation of sexual misconduct is reported to the Title IX Coordinator, the Title IX Coordinator or designee will determine the next steps.  

If the Title IX Coordinator or designee determines that the University will proceed to a formal investigation, the Title IX Coordinator or designee will assign investigator(s) to the case. The investigator(s) will notify the complainant and the respondent of the investigation and then meet separately with each party, including identified witnesses, to gather information that the parties want to share as part of the investigation.  

At the conclusion of their fact-gathering, the investigator(s) will provide the complainant and respondent each with an opportunity to review the information collected. The information review is an opportunity for the parties to access all information gathered to date, such as the investigator(s)’ typed interview notes and documentation collected. The respondent or complainant may request that the investigators go back and seek additional relevant information.  

After the information review period, a hearing is convened. The hearing is an opportunity for the hearing officer(s) to hear from the complainant, respondent, and witness(es) and to gather information needed to determine whether the Student Sexual Misconduct Policy and/or the Student Conduct Code has been violated. The complainant and respondent can bring a written statement to this meeting, may share their perspective verbally, or both. The hearing officers will ask the complainant and respondent questions at their respective response hearings.  

Regarding the ability to confront other parties, complainants and respondents are able to submit questions for those parties to the investigators and/or during the hearing. For information about questioning during the hearing, see the "Rules for Questioning” section of the Student Sexual Misconduct Policy. The investigator(s) and the hearing officer(s) have the responsibility to exclude or modify questions that are not necessary to render a decision, including but not limited to questions that are unfairly prejudicial, confusing, compound, argumentative, misleading, unnecessarily repetitive, not probative of the disputed facts or to the determination of the case, or speak only to a party’s character or non-relevant sexual history. When excluding a question, the reason for doing so shall be provided.  

After the hearing has concluded, the hearing officer(s) will prepare the hearing outcome. The hearing officer(s) will prepare the report promptly, generally making it available to the parties within 14 business days of the completion of the hearings. The Presiding Officer will notify the parties if an extension of this timeline is necessary. The hearing outcome will include an analysis of all disputed information identified throughout the process, an analysis of policy, and conclusion of whether or not there is a preponderance of evidence that the respondent violated University policy. 

The complainant and respondent then receive the report and are given a timeframe in which they may appeal the outcome of the hearing, if they choose to do so.  

Please review the full investigation process overview in the Student Sexual Misconduct Policy. 

While the University does not compel complainants or respondents to participate in investigations or hearings, complainants and respondents should be aware that participating in the fact-finding process is almost always a crucial component of the University’s ability to fully gather and analyze information. 

Should the complainant choose not to participate in the investigation at any point, the investigator(s) shall notify the Title IX Coordinator so that the Coordinator may determine if the Complainant’s lack of participation requires that the decision-making process be discontinued. The Complainant may also work with the Title IX Coordinator to withdrawal their formal complaint. 

In those instances when the Title IX Coordinator determines that the University must proceed with an investigation and hearing process despite the request of the Complainant, the Title IX Coordinator will notify the Complainant that the University intends to initiate an investigation. The Complainant is not required to participate in this investigation or in any subsequent actions taken by the University. In all cases, the final decision on whether, how, and to what extent the University will conduct an investigation or proceed to hearing, and whether other measures will be taken in connection with a report of prohibited conduct, rests solely with the Title IX Coordinator. 

Should the Complainant or Respondent decide not to participate in the hearing or participate in cross examination during the hearing, the Board is unable to rely upon any statements provided by that party during the investigative phase when making a determination of responsibility. 

If the hearing board determines that policy was violated, the board may at that point consider previously submitted party impact statements in determining appropriate sanctions. The Board will also consider any pertinent conduct history when determining sanctions. The Presiding Officer will ensure that each of the parties has an opportunity to review any impact statement submitted by the other party(ies). The Decisionmaker(s) may – at their discretion – consider the statements, but they are not binding. 

The hearing outcome shall include the determination, rationale, the evidence used in support of the determination, the evidence disregarded, credibility assessments and any sanctions. The Hearing officer(s) will submit the hearing outcome to the Title IX Coordinator for final review prior to providing it to the parties. The Title IX Coordinator may direct the hearing officer(s) to further consider or investigate additional aspects of a particular case prior to finalizing the hearing outcome. 

Remedies must be designed to restore or preserve the Complainant’s equal access to the University’s education program or activity. The sanctions generally applicable to a student who is found responsible for violating Chapman’s Student Conduct Code and Student Sexual Misconduct Policy are found within the sanctions section of the Code. Engaging in conduct that is prohibited by this policy may result in the imposition of one or more sanctions ranging from warnings and educational sanctions up to and including suspension or expulsion, depending on the severity of the incident in question and the student’s prior conduct history.  

The complainant and respondent each have the opportunity to appeal the findings and/or assigned sanctions at the conclusion of a hearing. 

Please see the Student Sexual Misconduct Policy for more information. 

After a Title IX hearing has concluded, complainants and respondents will be provided the hearing outcome. They will also receive a deadline by which to appeal the outcome if they disagree with the findings of responsibility and/or sanctions. 

The purpose of the appeals process is to allow the parties to request a review of the hearing outcome based on one or more of the appeals criteria.

After a hearing has been convened and within 5 business days of receiving the hearing outcome, the parties will have an opportunity to submit a written appeal outlining why they believe one or more of the criteria for appeal exists in their case. Appeals are typically limited to 7 pages, double-spaced, 12-pt. font. In the instance of particularly complex or simultaneous cases, an extension on this page limit may be granted by the Dean of Students or designee. 

The other party will be notified within 2 business days if an appeal is submitted. The notified party will have an opportunity, if requested, to review the original written appeal. They may submit a written response (typically limited to 7 pages, double-spaced, 12-pt. font) within 5 business days of being notified that an appeal was submitted. 

Once appeals requests are submitted, the appeals officer(s) will consider appeals requests narrowly, specific to the relevant criteria for appeal. 

Please see the Student Sexual Misconduct Policy for more information. 

According to the Student Sexual Misconduct Policy, Appeals will be concluded in one of the following manners: 

1. If the Dean of Students or designee determines that none of the appeals criteria have been met, they will deny the appeal request, thereby upholding the hearing findings and sanctions (if applicable). 

1. If the Dean of Students or designee determines that new information not previously available needs to be considered, the case should normally be remanded to the original investigator(s) and/or, hearing officer(s) for reconsideration. Parties will be allowed to respond to new information and new findings will be issued. 

1. If the Dean of Students of designee determines that there was a procedural error that had a significant impact the outcome, the matter will be remanded to the Title IX Coordinator to remedy the error or the Dean of Students or designee may take other corrective action to sufficiently remedy the error. 

The Dean of Students or designee will provide the complainant and respondent written notification of the final determination as simultaneously as possible. This is usually communicated via Chapman email. 

For student(s)-to-student(s) matters and matters in which there is a student respondent, the investigators will type up notes from your meeting. If you request to review these notes from your meeting with them, the investigators can allow you to read through the notes from your meeting before they prepare the notes for review by anyone else. Once the investigators finish their fact-gathering portion of the investigation, the investigators will make all of their notes from each of their meetings available for review by the complainant and respondent directly involved with the case. 

For more information about this process, please download a printable resource for general audiences. 

Chapman University has an amnesty policy in place that can be found in the Student Sexual Misconduct Policy. It states, “To encourage and support the reporting of incidents under this policy students who participate as witnesses or complainants in investigations under this policy will not be held accountable for violations of the Student Conduct Code that may have occurred at the time of or as a result of the incident in question (for example, being under the influence of alcohol or other drugs), unless the University determines that the violation was egregious. Egregious violations include, but are not limited to, actions that place the health or safety of another other person at risk or that involve academic dishonesty.” 

Please note that the amnesty policy only applies to violations of the Code. All other matters (such as employment, athletic eligibility/participation, leadership or volunteer positions and similar circumstances) may be addressed separately as appropriate by University personnel. This policy does not prevent action by police or other legal authorities. 

Yes – the University has a policy that prohibits retaliation against anyone who participates in an investigation. If anyone takes adverse action towards you because of your participation in the investigation, please let the investigators know immediately. 

Additionally, if you would like a No Contact Order to be placed between you and another student(s) to limit further interaction, please make this request to the investigators or to the Dean of Students Office.