Who is a Respondent?

A Respondent is any employee or affiliate of the University or visitor against whom a complaint under the Discrimination Policy is filed.

This guide provides a list of resources and information for Respondents. You may also download a printable PDF version for your reference.

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Complaint Investigation Process

Things to Know:

We are neutral: The Investigators do not take sides. We are committed to providing a prompt, fair, and unbiased review, and our investigations are focused on the information available. We also help Complainants and Respondents by providing information about support and advocacy services.

Understanding the complaint: The first step the Investigators take in an investigation is to gather information about the complaint. This usually involves interviewing the Complainant and gathering all information the Complainant has, including documentation (e.g., text messages, Screenshots, recordings, etc.), and names of witnesses, if any. Complainants and Respondents are strongly encouraged to share all information they have regarding the matter.

Confidentiality/Anonymity: Complainants frequently want to know if the Respondent will be told they initiated a complaint. Respondents are provided enough information about the allegations to allow them a fair opportunity to respond, and the level of detail necessary to do that varies depending on the circumstances surrounding the incident.

Interviewing the Respondent: After the Investigators understand the nature and scope of the complaint, the Respondent is asked about the allegations and given a full and fair opportunity to respond. The Respondent is also asked to provide any documentation and identify witnesses relevant to the complaint.

Lack of Participation of Complainant or Respondent: If either party declines to participate in the investigation process, the investigation may continue with the information available. Even without the participation of the Complainant or Respondent, ODU may still elect to move forward with the disciplinary process depending on the specifics of the case. ODU will generally not defer disciplinary proceedings until after the conclusion of parallel criminal proceedings.

Finding: After gathering information, the investigators will send an Investigation report in which they outline the facts discovered during the investigation to the appropriate office, which will determine if there has been a violation of the Discrimination Policy and if so, assign appropriate remedies.

Privacy: To the extent provided under applicable law, ODU will make all reasonable efforts to ensure preservation of privacy, restricting the sharing of information to those with a legitimate need to know. It is important to be aware that information collected in this process may be subpoenaed in criminal or civil proceedings.

Retaliation: ODU prohibits retaliation. Complainants, Respondents, and witnesses are protected from any form of retaliation for engaging and/or participating in the investigative process

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Support and Assistance for Respondents

The University has various offices available to address mental, physical, emotional, and academic needs including:

• Emotional support and processing after an incident.
• Course load reductions or full withdrawals.
• Discreet absence notifications or assignment extensions.
• Requests for flexibility/ alternative participation to faculty and supervisors.
• No contact orders between students.
• Address questions and concerns about institutional policy and procedure.

ODU Support

Student Health Services
1007 Webb University Center | 757-683-3132

Counseling Services
1526 Webb University Center | 757-683-4401

Student Conduct and Academic Integrity
2124 Monarch Hall | 757-683-3431

Housing and Residence Life
1208 Virginia House | 757-683-4283 | housing@odu.edu

SAFE Ride
757-683-3477

Institutional Equity and Diversity
4111 Monarch Way, Suite 106 | 757-683-3141 | titleixcoordinator@odu.edu

Student Outreach & Support (SOS)
767-683-3442 | ODUCares@odu.edu

Student Success
757-683-3699 | studentsuccesscenter@odu.edu

Educational Accessibility
757-683-4655 | oea@odu.edu | EA offers a wide variety of accommodations and supports to students based on their individual needs as related to a documented disability.

Submit an ODU CARES Report
Concern for a student's wellbeing may be submitted through a report to the ODU Cares Team, who will review the concern and conduct appropriate follow-up and referral.

Employee Assistance Program
The EAP provides a counseling and referral service to employees and their families who are enrolled in a Commonwealth of Virginia health care plan. The EAP can provide confidential assistance when you are experiencing personal, family, marital, or substance abuse problems that are affecting your or your job performance.

COVA Care and COVA HDHP
Anthem Blue Cross and Blue Shield
Member Services: 1-855-223-9277
www.anthemeap.com

COVA HealthAware- Aetna
1-888-238-6232
www.covahealthaware.com

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Interim Suspension

Interim Suspensions are an immediate, temporary action taken by the Office of Student Conduct and Academic Integrity in situations where there is a concern for the safety of the community.

Please note that if you are subject to an interim suspension, you will have limited access to on campus resources.

Appealing a Suspension

To appeal an interim suspension, contact Dr. Ulmer at l1ulmer@odu.edu. The appeal will determine if the interim suspension remains in place, is modified, or is removed completely.

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Mandatory Reporting

Except for Counseling, Student Health Services, and the Designated Victim Advocate, Responsible University employees are obligated to report incidents of sexual assault, dating/domestic violence and stalking to the Title IX Coordinator or one of the Deputy Title IX Coordinators. The report may lead to an administrative investigation and may lead to a police investigation should the safety of the student and/or the campus community be at risk. Students are not required to participate in investigations resulting from such mandated reports.

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