Revision Date: August 1, 2025
Contents
3. Initial Discussion, Resources, and Referrals
5. Non-Attorney Support Persons
8. Threshold Review of Complaints
1. Overview
The Office of Institutional Equity and Accessibility (“OIEA”) is responsible for ensuring Yale’s commitment to equitable and inclusive working and learning environments. This includes administering Policy 9000 Yale University Policy Against Discrimination, Harassment, and Sexual Misconduct1. Individuals who would like to discuss concerns regarding Discrimination, Harassment, or related Retaliation are encouraged to contact a Discrimination and Harassment Resource Coordinator (“DHRC”), Deputy Title IX Coordinator, or OIEA as soon as possible following an incident.
2. Reporting Concerns
As set forth in Policy 9000 Yale University Policy Against Discrimination, Harassment, and Sexual Misconduct, Yale prohibits Discrimination and Harassment on the basis of protected characteristics. These procedures are designed to provide a prompt, equitable, and consistent process for addressing Discrimination and Harassment complaints under Policy 9000.
Anyone with a concern regarding Discrimination, Harassment, or related Retaliation may contact OIEA, including by submitting the Sexual Misconduct, Discrimination, and Harassment Reporting Form online. As soon as reasonably possible and according to the timeframes set forth in Section 7 below, OIEA staff will review the individual’s concern and assess the nature of the allegations. This assessment includes any information that would help OIEA facilitate appropriate follow up, provide resources, identify resolution options, and/or refer matters not related to Discrimination, Harassment, or related Retaliation to the appropriate offices.
3. Initial Discussion, Resources, and Referrals
OIEA, generally, will begin with a discussion with the individual bringing forward a concern. This discussion will assist both OIEA and the individual in identifying the appropriate University resources and options for resolution.
OIEA will consider whether the matter falls within OIEA’s jurisdiction. If not, OIEA will provide the individual bringing forward the concern(s) with available referrals and/or supportive resources but will not investigate the matter. In its discretion, OIEA may refer the report to appropriate University offices for further review, and, if the conduct, as alleged, would constitute a crime or a health or safety emergency, to the Yale Police Department. Reporting an incident to the Yale Police Department does not preclude filing a complaint with OIEA.
4. Supportive Measures
OIEA may offer supportive measures, as appropriate, to the person who is reported to have experienced Discrimination, Harassment, or related Retaliation (the “complainant”), the person alleged to have committed the Discrimination, Harassment, or related Retaliation (the “respondent”) (together, the “parties”), and any other affected individuals. Supportive measures are non-disciplinary, non-punitive, individualized measures, offered as appropriate, as reasonably available, and without fee or charge. These measures will be offered before or after the filing of a complaint or where no complaint has been filed. They are designed to restore or preserve equal access to Yale’s education programs and activities, including employment, without unreasonably burdening any of the parties. Supportive measures include measures designed to protect the safety of all parties, protect the safety of Yale’s employment or educational environment, or to deter Discrimination, Harassment, or related Retaliation. Supportive measures may include, but are not limited to:
- counseling;
- extensions of deadlines or other adjustments;
- modifications of work or class schedules;
- campus escorts;
- mutual restrictions on contact between the parties;
- changes in work or housing locations;
- voluntary leaves of absence;
- reasonable limitations on access to Yale programs and activities; and
- increased security and monitoring of certain areas of the campus.
OIEA will maintain as confidential any supportive measures provided to the parties, except to the extent that maintaining such confidentiality would impair OIEA’s ability to provide the measures. OIEA is responsible for coordinating the effective implementation of supportive measures.
5. Non-Attorney Support Persons
Each party may have a non-attorney support person of their choosing, except that no student party may bring a support person from outside the Yale community. Additionally, a support person must not be reasonably likely to participate in any investigation stemming from the concerns as a party or witness. The support person can offer personal and moral support, and help the party prepare for meetings with OIEA. The support person may not submit documents, either directly or indirectly, nor speak for the party during an interview with an investigator. The support person may not submit questions on behalf of a party.
Parties must provide the investigator with their support person’s name and contact information prior to the support person’s participation in any meetings with OIEA. A party may have no more than one support person with them at any meeting with OIEA2. If a party would like OIEA’s support in identifying a support person, the party should notify OIEA.
6. Resolution Options
For matters that implicate the Policy Against Discrimination, Harassment, and Sexual Misconduct and fall within OIEA’s jurisdiction, OIEA will discuss options for resolution with the individual bringing forward concerns3.
a. Informal and Alternative Resolution Options
i. Informal Resolution
Informal Resolution options are non-adjudicatory mechanisms, such as educational conversations, DHRC support, facilitated dialogue, and various other techniques, designed to address allegations of Discrimination and Harassment for individuals who prefer not to engage in a formal complaint process. Parties to an Informal Resolution process retain the right to later pursue a formal complaint and OIEA may rely on or incorporate information disclosed during an Informal Resolution in a future investigation or related proceeding.
OIEA retains the discretion to determine whether an Informal Resolution process is appropriate under the circumstances. OIEA may decline to allow Informal Resolution for reasons that include but are not limited to a determination that the alleged conduct would present a future risk of harm to others or if an Informal Resolution would conflict with the law or university policy.
The Informal Resolution process can be initiated or withdrawn by the complainant at any time prior to the resolution of the complaint process.
For some types of Informal Resolution, voluntary agreement of both parties to participate is required. As participation is voluntary, Yale does not require parties to waive the right to an OIEA investigation as a condition of (continuing) enrollment or (continuing) employment, or the exercise of any other right.
ii. Alternative Resolution
Alternative Resolution is a structured, non-adjudicatory process facilitated by a neutral third party designed to address allegations of Discrimination and Harassment in lieu of a formal investigation. The process culminates in a binding resolution agreement designed to address and resolve harm.
Before initiating Alternative Resolution, parties will receive written notice of the allegations and a detailed explanation of the Alternative Resolution process including that the process is voluntary and confidential.
Participation requires the written consent of all parties. OIEA retains discretion to determine whether Alternative Resolution is appropriate and may revert to formal processes if necessary. Either party may withdraw at any time prior to a signed resolution agreement and pursue formal adjudication.
Once executed, the resolution agreement is final, binding and precludes a formal complaint based on the same allegations. The agreement is non-disciplinary and does not appear in the Respondent’s educational or employment record. A University climate review may occur during or after an Alternative Resolution process and does not affect future formal proceedings.
OIEA retains only the signed resolution agreement; other documentation created during the Alternative Resolution process is not maintained by OIEA, regardless of whether the resolution process is completed.
In no case will the facilitator of the Alternative Resolution process be the same as the investigator or decisionmaker for a complaint process involving the same matter.
More details regarding Alternative Resolution may be found in OIEA’s Alternative Resolution Procedures.
b. Formal Complaint Process
OIEA’s formal complaint process is available to individuals with concerns regarding Discrimination, Harassment and related Retaliation. Such a complaint may be brought by a student, faculty, trainee, or staff member at Yale who alleges Discrimination, Harassment, or related Retaliation during the time they were enrolled or employed by Yale. The complaint may be written or verbal, and there may be occasions when OIEA determines that a formal complaint process is appropriate even absent a participating complainant.
Third parties may not directly bring a formal complaint. The University may initiate a formal complaint process based on reports from third parties of Discrimination, Harassment, or related Retaliation related to University employment or a University program or activity.
In certain instances, this sub-section (PR.01 6b) may apply to third party respondents (e.g., University vendors or contractors, applicants for admission to or employment with the University, and former affiliates of the University). If a complainant alleges that a third party has engaged in Discrimination, Harassment, or related Retaliation, then the University will determine whether the formal complaint process or another resolution is appropriate, taking into consideration: (a) the degree to which the conduct of the third party is directed at the University’s programs or activities or gives rise to a hostile environment in the University’s programs or activities; and (b) the degree of control the University has over the conduct of the third party4.
7. Timeframes
The time periods in the table below apply to the review of a complaint. The OIEA Director may extend a time period for good cause, such as illness, holidays, the absence of parties or witnesses from campus, a concurrent criminal investigation, the complexity of the allegations, or the competing demands of other cases. The parties will be informed in writing if a time period is extended. All time periods include weekends and holidays but not Yale’s winter recess. Deadlines that fall on a weekend or holiday will be extended to the following weekday. While there is no time limitation for submitting a report of Discrimination, Harassment, or related Retaliation, timely complaints generally will assist the University to investigate and respond effectively to such reports.
| Process | Timeframe |
| Threshold Review of Complaints | Within 45 days of meeting with Complainant and/or receiving relevant documentation or information from Complainant as necessary to conduct a review |
| Investigation and Deliberation | Within 90 days from the initiation of the investigation |
8. Threshold Review of Complaints
If OIEA determines that a complaint falls within its jurisdiction, it will evaluate whether the matter meets the threshold for an OIEA investigation. Allegations that, if substantiated, may plausibly violate the Policy 9000 pass this threshold review and will move forward to investigation unless they are otherwise resolved by Informal Resolution or if the complainant opts not to move forward, although in certain situations OIEA may decide to proceed with an investigation without the complainant’s participation.
For matters that do not meet the threshold for investigation, OIEA may issue a threshold review dismissing the complaint; this threshold review will include a summary of the alleged concerns and the results of OIEA’s review5. OIEA may also dismiss a complaint at any time if (1) it is unable to identify the respondent after taking reasonable steps to do so; (2) the respondent is not participating in an education program or activity and is not employed by the University; or (3) the complainant voluntarily withdraws any or all the allegations in the complaint prior to completion of the investigation and any remaining allegations would not constitute a violation of Policy 9000. The complainant will be notified of this dismissal in writing; if the dismissal occurs after the respondent(s) have been notified of the allegations, they also will be notified of the dismissal in writing.
Parties may be offered supportive measures, as appropriate, even if OIEA does not move forward with an investigation, including in circumstances where OIEA determines that a hostile environment exists although any respondent(s) would fall outside its jurisdiction. In addition to the supportive measures identified above, remedial steps in such circumstances may include but are not limited to educational and community conversations, awareness programming, and additional non-Discrimination training.
9. Complaint Process
a. Notice of Investigation
Once a person initiates the Complaint Process6, OIEA will notify the parties of the allegations in writing for matters within OIEA’s jurisdiction that, if substantiated, would violate the Policy 9000. The notice will include:
- sufficient available information to allow the parties to respond to the allegations of conduct alleged to constitute Discrimination, Harassment or Retaliation;
- a statement that Retaliation is prohibited;
- a copy of these procedures with the notification;
- a statement that Yale prohibits knowingly making false statements or knowingly submitting false information during the complaint process;
- a statement that the parties may have a support person of their choice (subject to the restrictions stated above); and
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a statement that parties to an investigation must keep all documents, including any investigative report, prepared specifically for the investigation strictly confidential and may only disclose them to their support person, family, legal counsel, union representative, or appropriate government agencies. Parties must inform any such recipients that these documents are strictly confidential and may not be further disclosed.
If, in the course of the investigation, the investigator decides to investigate additional allegations that are not included in the notice of allegations, the investigator will provide notice of the additional allegations to the known parties.
At any point before the completion of an investigation, OIEA may consolidate complaints of Discrimination, Harassment, or related Retaliation that have been made against more than one respondent, or by more than one complainant against one or more respondents, or by one party against the other party, so long as the allegations arise out of the same facts or circumstances.
b. Investigations
If a complaint proceeds past OIEA’s threshold review, OIEA will proceed to investigate7.
OIEA will determine appropriate investigative steps, which may include interviewing parties and/or witnesses and obtaining and reviewing relevant documents or other materials.
OIEA will endeavor to protect the privacy of parties and witnesses during the investigation process, but will not restrict the ability of the parties to obtain and present information (which may include speaking to witnesses), consult with support persons, or otherwise prepare for or participate in the investigation. However, parties and witnesses may not engage in any behavior that would constitute Retaliation.
i. Information Gathering
- The assigned investigator will evaluate relevant inculpatory and exculpatory information, and will perform credibility determinations that are not based on a person’s status as complainant, respondent or witness, to the extent credibility is both in dispute and relevant.
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If a party is invited to attend an investigative interview or other meeting, OIEA will give the party written notice of the meeting, with sufficient time for the party to prepare to participate. The notice will include the date, time, location, and purpose of the meeting and the names of participants. Unionized employees may be accompanied to any interviews or meetings with their union representative.
c. Findings and Outcomes
OIEA will use the preponderance of the evidence standard of proof to determine whether Discrimination, Harassment, or related Retaliation occurred. Following an investigation, OIEA will share its written findings with the parties; OIEA may also share its written findings with other appropriate individuals and offices. The written findings will include:
- A description of the alleged Discrimination, Harassment, or related Retaliation;
- Information about the policies and procedures used to evaluate the allegations; and
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The decision-maker’s evaluation of the relevant information and determination as to whether Discrimination, Harassment or related Retaliation occurred.
In some instances, OIEA may determine based on the totality of the circumstances that a hostile environment exists even if no respondent(s) is determined to have violated the policy. In such circumstances, OIEA will take all reasonably available remedial steps which may include offering supportive measures, holding educational and community conversations, offering awareness programs, and conducting additional training, to end the Harassment, eliminate the hostile environment and its effects, and prevent its recurrence.
OIEA is not responsible for disciplinary action. Any discipline or other outcome for faculty would proceed through the Faculty Standards of Conduct Procedures; for staff, discipline or other outcomes would proceed through Human Resources; and for students, discipline and other outcomes would proceed through the relevant school’s student disciplinary procedure.
Remedies may include, but are not limited to, providing resources and accommodations to affected parties, implementing various remedial measures, such as training, facilitated dialogue and communication between affected parties, and referral for possible additional investigation or discipline, which may include expulsion or termination.
Notes
1 Matters involving sexual misconduct fall within the jurisdiction of the University-Wide Committee on Sexual Misconduct (“UWC”) and will be addressed under the “Procedures of the University-Wide Committee on Sexual Misconduct” and not under this 9000 PR.01, with the exception of cases in which the person alleged to have violated the policy is a staff member and the alleged sexual misconduct is not subject to federal regulations. All other cases of alleged sex-based Harassment that are not subject to federal regulations, including cases in which the respondent is a staff member, fall within OIEA’s jurisdiction and are addressed under these procedures.
2 In addition to a support person, unionized employees may be accompanied to any interviews or meetings by their union representative.
3 For each reported incident of Harassment based on race, color, or national origin, including shared ancestry or ethnic characteristics, OIEA staff will also assess whether the incident has created a hostile environment.
4 Even in circumstances where the University cannot compel a third party to participate in an investigation, the University will assess whether the complaint against the third party reflects a hostile environment related to University employment, programs or activities, and, if so, the University will take prompt and effective action to end the Harassment and prevent its recurrence..
5 Before dismissing a complaint based on a finding that the allegations, if substantiated, would not violate Policy 9000, OIEA will make reasonable efforts to clarify the allegations with the complainant, if necessary.
6 If a report can be objectively understood as a request to investigate, OIEA may issue a Notice of Investigation to the known parties.
7 As noted, the university’s assessment is ongoing, and it may dismiss a matter at any time if a basis for dismissal is identified. Additionally, OIEA may decide to proceed with an investigation without the complainant’s participation.
Related Resources
Policy 9000 Yale University Policy Against Discrimination, Harassment, and Sexual Misconduct
Sexual Misconduct, Discrimination, and Harassment Reporting Form