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The University encourages prompt reporting of complaints so that a rapid response can be made and appropriate action taken. Note that reporting a complaint need not be limited to someone who was the target of the discrimination or harassment.

The following person is designated to coordinate the University's responsibilities under the law and to insure compliance with the University's policies against discrimination:

 Vice President for Student Services
 National University
 11255 North Torrey Pines Road
 La Jolla, CA 92037-1011
 Telephone: (858) 642-8036

Any student who feels that they have been subjected to discrimination by a student or by the University through any of its employees, contractors, entities, policies, procedures, or programs may file a complaint with the Vice President for Student Services.

The University will endeavor to maintain confidentiality to the extent permitted by law. Where the complainant's desire to maintain anonymity constrains the University from attempts at establishing facts and eliminating the potential discrimination, the University will attempt to find the right balance between the complainant's desire for privacy and confidentiality and its responsibility to provide an environment free of discrimination. The University has a duty to investigate even if the student declines to file a complaint or demand action. The University may take more formal action in cases of egregious discrimination that may require complete disclosure of all relevant facts.

Informal Procedures
Students who believe that they have been subjected to unlawful discrimination or harassment may use the following informal procedures to resolve their complaint. This process may be used as a prelude to filing a formal complaint or as an alternative and generally is completed within thirty (30) days. It is not necessary that this option be used. Students have the right to file a formal written complaint either initially or if they believe informal resolution is not possible. Students may, at any time, elect to stop these informal procedures.

The Student Relations Coordinator in the Office of Student Affairs will provide any member of the University community an opportunity to discuss specific concerns in a confidential setting. Assistance will be provided to:

• Help the complainant understand the definition of discrimination or sexual harassment and determine if the alleged conduct would constitute discrimination or sexual harassment;
• Explain the various informal and formal options available to the complainant, including strategies for the complainant to inform the offending party that the behavior is unlawful or unwelcome and should cease, action by an appropriate University official to stop the unlawful or unwelcome conduct and mediation; and
• Identify various support services available to the complainant.

The student may seek a resolution of the matter through discussion with the alleged offender or person responsible for the program or for enforcing the rule or procedure. The University encourages discussion between the parties directly involved in a dispute, especially in the early stages before the parties have assumed official or public positions that may polarize the dispute and make resolution more difficult. Students may seek advice about how best to approach this individual or to obtain other assistance, such as mediation, from their admissions advisor, the Office of Student Affairs, or any other appropriate campus officer.

If no resolution is forthcoming or if direct confrontation is deemed inappropriate, the student may report the incident(s) to the Vice President for Student Services or to the alleged offender's supervisor, if appropriate.

The campus officer who is consulted will keep a written log of discussions, which in all events will be forwarded to the Vice President for Student Services. If the dispute is resolved to the satisfaction of all parties, a memorandum stating resolution of the conflict is sent to the parties and the Vice President for Student Services will monitor the situation to prevent recurrence or retaliation.

Formal Procedures

A. Filing a Written Complaint with the Vice President for Student Services:

1) The complainant must complete a complaint form. These forms are available in the Office of Student Affairs. To be processed, the complaint must be filed within 120 days of the alleged unlawful discrimination or harassment or within one-hundred twenty (120) days of the complainant's learning of the discriminatory or harassing action.

2) The Vice President for Student Services dates and logs all written complaints and sends the complainant an acknowledgement that the complaint is under review.

3) If the complaint does not meet the procedural requirements, the Vice President for Student Services immediately notifies the complainant of the specific deficiencies of the complaint. If the complaint meets the procedural requirements, the Vice President for Student Services forwards a copy of the complaint to the alleged offender or unit against which the complaint is made ("respondent").

4) The Vice President for Student Services will arrange appropriate interim measures when warranted to protect the parties.

5) The Vice President for Student Services investigates the complaint (or the Vice President's designee, who has been trained in the investigation of such complaints), meeting separately with the student and with others who are either named in the complaint or who may have knowledge of the facts. Generally, the investigation is completed within thirty (30) days from the date the Vice President for Student Services receives the complaint.

On completion of the investigation, the Vice President for Student Services will prepare a report of the witness statements and the evidence and will provide a copy to each party.

B. A review panel is established as follows:

The complainant and respondent each nominate one student or employee who is unbiased, not involved in the complaint and willing and available to serve as a member of the panel.
The nominated panel members select, by mutual agreement, another member who will serve as chair of the panel, who will conduct the hearing and rule on procedural matters. If they are unable to agree on a chair, the Vice President for Student Services makes the selection.

C. Once the review panel is established:

The chair sets the time and place for the hearing at the earliest possible time consistent with the schedules of the parties and the panel. The date of the hearing may be postponed or extended by mutual agreement of the parties with the consent of the chair. The panel makes every reasonable effort to conduct its hearing within fourteen (14) days of the panel's formation.

The failure of any party to appear without justifiable cause will terminate that party's right of appeal.

The Vice President for Student Services reviews pertinent evidence and coordinates the hearing process by informing the panel of its role, defining the issues and ensuring that the panel is provided with the complaint, response and other appropriate information. The Vice President for Student Services serves as recorder of the proceedings and advisor to the panel, but does not vote.

The standard of review to be used in all proceedings is fundamental fairness. Strict rules of evidence and procedures are not required so long as the proceedings are conducted in a manner that allows both sides to fairly and fully explain the circumstances. Decisions regarding the admissibility of evidence and the weight to be given to pieces of evidence will be made by the chair. The burden of proof is upon the complainant to prove his or her case by a preponderance of the evidence, which means that the proof need only show that the facts are more likely to be so than not so.

The review panel proceedings will be conducted in a closed hearing. The parties will have a reasonable opportunity for oral presentation and to present written evidence. The hearing is not a legal forum and representation of parties by legal counsel is not permitted. The parties may, however, be accompanied by another member of the University community, who will act as a personal advisor with whom they may consult.

The panel will make every reasonable effort to forward its written findings to the Vice President for Student Services and to the parties within seven (7) days after the close of the hearing.

The findings will be recorded and signed by the parties and the Vice President for Student Services, except when either party disagrees with the findings of the committee and decides to appeal. Reasonable, timely, and effective action will be taken as needed to correct discriminatory effects, prevent recurrence, or remedy the complainant's loss, if any. These actions will be communicated to the complainant.

In the event disciplinary action is recommended, the respondent will be entitled to fair process provided by University rules and regulations. Only when a complaint reaches the formal process and only if it is sustained will it be recorded in the respondent's student or personnel file.

Appellate Procedures
A party may file a written appeal within ten (10) days of receipt of the findings with the Provost and Vice President for Academic Affairs. The written appeal must state the objections to the decision.
Upon receipt of the appeal, the Provost and Vice President for Academic Affairs will forward a copy to the other party(ies).

Parties can forward commentary to the Provost and Vice President for Academic Affairs within fourteen (14) days of receipt of the appeal.

Within twenty-one (21) days following receipt of an appeal, the Provost and Vice President for Academic Affairs will render a final decision.

Changes to these procedures may be made as needed to resolve problems. Any request for changes should be directed to the Vice President for Student Services. If the complaint is against the Vice President for Student Services or other officer involved in these procedures, the Provost and Vice President for Academic Affairs will designate a University employee to act in their place in these complaint procedures.

If the decision finds that the complainant falsely accused another of discrimination or harassment knowingly or in a malicious manner, the complainant will be subject to appropriate sanctions.

Retaliatory action of any kind by any member of the University community against anyone seeking redress under these procedures, cooperating in the investigation, or other participation in these procedures is prohibited and will be regarded as the basis for disciplinary action.
In cases of discrimination or sexual harassment, the complainant may, at any time during the informal or formal procedure at National University, file a complaint with:

 Office for Civil Rights
 U.S. Department of Education
 50 United Nations Plaza, Room 239
 San Francisco, California 94102

The University will complete its investigation and make findings on a complaint filed at the University, even if a complaint has also been filed with the Office for Civil Rights.