FAQs
The following frequently asked questions and answers provide general information on the reporting, handling and adjudication of reports of sexual and related misconduct. Please review both the full Title IX & Sexual Misconduct Policy and the accompanying procedures for more complete information. Additional FAQs may be added from time to time as questions arise.
Reporting
Can I talk to someone without filing a formal complaint?
- Yes, the decision whether to file a formal complaint is entirely up to you. If you would like to speak with someone about filing a formal complaint, COCR can set up an intake with an investigator, who can answer any questions you may have about reporting and the formal complaint process. If you’re unsure about speaking with COCR, you may also wish to talk to a confidential resource (resources which won’t share any information with the University). A list of confidential resources can be found on COCR’s website.
Know that Cornell takes all reports very seriously and is committed to ensuring the safety and well-being of all community members. In order to keep you and others in the Cornell community safe, many Cornell faculty and staff (including RAs) have a duty to report to the Title IX Coordinator if they become aware of potential incidents of sexual misconduct. All faculty and staff, including the Title IX Coordinator, will maintain your privacy to the greatest extent possible.
Can I file a criminal complaint instead of a formal complaint with the University?
- You have the right to file a report with law enforcement at any time and pursue a criminal process. For more information about the criminal process, you can contact Cornell University Police at 607.255.1111.
Can I file a formal complaint with the University and a criminal complaint?
- Yes, you have the right to pursue both a formal complaint and a criminal complaint at the same time.
Can I file a report and/or request a formal complaint anonymously?
- Any Cornell community member can make any anonymous report concerning an incident of prohibited conduct by using the online reporting form.
COCR respects complainants’ wishes for anonymity; however, individuals cannot file a formal complaint anonymously.
What if I’m concerned about retaliation?
- Cornell University does not tolerate retaliation. Retaliation is adverse action taken against an individual with the purpose of interfering with an individual’s rights under Policy 6.4, including for making a good faith report of prohibited conduct, for participating in an investigation, proceeding, or hearing, or for refusing to participate in an investigation, proceeding, or hearing.
Retaliation may include intimidation, threats, coercion, discrimination, or adverse employment or educational actions. In the event retaliation occurs, it is considered prohibited conduct under Policy 6.4 and may be subject to formal disciplinary measures. If you or someone you know are experiencing retaliation, we encourage you to report it to COCR as soon as possible.
Are there options to address an incident other than filing a formal complaint?
- Yes. If you decide not to file a formal complaint, Cornell will honor your decision not to pursue resolution under Policy 6.4, so long as doing so does not impact the University’s ability to provide a safe and non-discriminatory environment for all members of the University community.
Depending on the specific situation, an incident may also be resolved through an information resolution, mediation, or alternate resolution process. If a matter is resolved through any of these options, a formal investigation of the same incident may no longer be available.
Regardless of where there is a formal complaint, COCR will assist you in obtaining supportive or interim measures, which may include a No Contact Order and academic, housing, transportation, employment, or other accommodations. COCR will protect your privacy and only disclose information necessary to provide any supportive or interim measures.
When can a formal complaint be filed?
- A formal complaint can be filed at any time, however, a formal complaint filed well after the reported event may make investigation difficult. Cornell understands that making the decision to report prohibited conduct may take time and strongly encourages you to report as soon as possible and to take steps to preserve evidence.
Can I bring my attorney to meetings with the Cornell Office of Civil Rights?
- Yes. You are welcome to bring any advisor of your choice, including an attorney, to any and all meetings with COCR. Your advisor can offer advice to you throughout the process but cannot respond to questions asked to you or pose questions to the investigator.
What does the formal complaint process look like?
- An investigation: An investigator will conduct a fair, thorough, and impartial investigation in which they will seek to collect as much relevant information related to an incident as possible. This may include interviewing the complainant, the respondent, and any witnesses and collecting documentation from participants and other sources.
- Case Resolution:
- Under the Title IX Procedures, a formal complaint is typically resolved via hearing. Findings of responsibility and determinations regarding sanctions and remedies are made through a hearing process conducted by a three-member Hearing Panel and non-voting Hearing Chair. Throughout the hearing, the parties, with their advisor(s) and support person, if applicable, are in separate rooms. The parties may never directly address each other. All questioning is done by the Hearing Chair, the Hearing Panel, and the parties’ respective advisor(s).
- Under the Non-Title IX Procedures, the investigator makes a finding of responsibility in the investigation report and if the respondent is found to have committed a policy violation, the investigator may make recommendations about sanctions. The report is then shared with the appropriate University official (i.e., the Dean of the respondent’s college or the VP of the respondent’s business unit), who determines the outcome based on the recommendations of the investigator.
How private will the complaint be?
- The complaint process is private, and all involved persons are expected to respect the private nature of the process.
COCR will only share information with other University officials (e.g., coaches, advisors) on a need-to-know basis, and these individuals are also required to maintain privacy. Only individuals who need to be involved, such as the parties, relevant witnesses, and appropriate campus partners, will be contacted.
To this end, parties are prohibited from distributing documents obtained during the process. Parties are encouraged not to reveal any information they learn in the course of their participation in the process, other than for the purpose of consulting with advisors and attorneys, and incidental to seeking support and advice from family, clergy, health professionals, and others playing a similar role. Parties may choose whether to disclose or discuss the final outcome of a complaint once it has been determined.
If you are eighteen (18) years or older, COCR will never contact parents. Friends are never contacted unless they are determined to be relevant witnesses, and then they are required to abide by certain privacy commitments.
Do I have to face the respondent or be in the same room as them during the formal complaint process?
- No. The parties will be interviewed separately, and even in the case of a hearing, the parties will participate from zoom in separate locations.
While you will never be required to be in the same space as the respondent as part of the process, it is possible that you may continue to see them on campus, in your office area, and/or in social settings. Pending resolution of the matter, the University may impose protective supportive measures as appropriate, including No Contact Orders and workplace accommodations.
What are the possible outcomes of a formal complaint?
- If the Hearing Panel or the investigator determines there is sufficient evidence (a preponderance of evidence) that the respondent violated University policy, the respondent may be subject to disciplinary sanctions, which may include measures similar to supportive measures, educational steps, restrictions or loss of privileges, oral warning, written reprimand, disciplinary probation, suspension, termination, or dismissal from the University.
If the Hearing Panel or the investigator determines that there is insufficient evidence that the respondent violated University policy, the respondent will be found not responsible.
Both parties will receive notice of the Hearing Panel or investigator’s decision simultaneously.
What if I am unhappy with the outcome/finding?
- Both parties have the right to appeal the outcome of a formal complaint.
When an appeal of a Hearing Panel’s decision is submitted, an Appeal Panel will review the written record of the investigation and hearing and render a decision. The Appeal Panel will accept, reject, or modify the decision of the Hearing Panel. The Appeal Panel’s decision is final and not subject to further appeal.
For more information on appeals for complaints involving employees, please see the Procedures available on COCR’s website here.
Support and Resources
What supportive measures are available?
- COCR can offer a wide array of supportive measures, tailored to the specific needs of the incident. These can include, but are not limited to:
- Assistance obtaining access to counseling, advocacy, or medical services
- Assistance requesting changes in work schedules, job assignments, or other work accommodations
- Referrals for conflict coaching and/or mediation
- Restrictive orders
- “No-contact” orders, which curtail or prohibit contact or communications between or among individuals.
Does Cornell offer any confidential resources?
- Yes, there a number of individuals who are required to keep what you share with them confidential.