XVII. Investigation of Formal Complaints for Title IX Grievance Process
The University will conduct a prompt, fair, impartial investigation in a timely manner designed to provide all parties with resolution. However, there may be times where the process may take longer and the University will communicate on an on-going basis with the parties a realistic timeline, and the circumstances regarding the same. In every investigation conducted under this policy, the burden of proof and the burden of gathering evident sufficient to reach a determination regarding responsibility rests on the University and not on the parties. Investigations will be conducted by one or more of the following: Title IX Investigator, Campus Safety, an external investigator, or a combination. All reasonable efforts will be made to keep information private during the University’s investigation and adjudication of the complaint. Investigators receive annual training on the issues related to dating violence, domestic violence, sexual assault, and stalking and on how to conduct an objective and impartial investigation and hearing process that protects the safety of Complainants, promotes accountability, and ensures investigative techniques do not apply sex stereotypes and generalizations. Should a Complainant or Respondent feel that the investigator assigned to the matter is not able to be objective or impartial throughout the investigation, they must contact the Title IX Coordinator or designee to request a different investigator, and it will be determined if there is cause to provide a different investigator. The University cannot access, consider, disclose, or otherwise use a party’s records that are made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in the professional’s or paraprofessional’s capacity, or assisting in that capacity, and which are made and maintained in connection with the provision of treatment to the party, unless the University obtains that party’s voluntary, written consent to do so for the grievance process.
The University will provide both parties an equal opportunity to present witnesses, including fact and expert witnesses, and other inculpatory and exculpatory evidence. The University does not restrict the ability of either party to discuss the allegations under investigation or to gather and present relevant evidence. Both parties will have the ability to have an advisor present during any grievance proceeding. This includes the opportunity to be accompanied to any related meeting or proceeding by their advisor of choice, who may be, but is not required to be an attorney. The advisors may not speak aloud during meetings involving the party(s) and the investigator, but they may confer quietly or by means of written notes with their advisee. The investigation is a process that involves obtaining and evaluating information given by persons having material relevant information about events or circumstances concerning the reported incident. This may include the collection of statements (both oral and written), pertinent facts, and/or evidence. This process will be thorough and is likely to include the interviewing and re-interviewing of involved parties to ensure as much clarity around conflicting or differing statements as may be possible. At the conclusion of the investigation, the investigator will prepare a report setting forth the facts gathered. The report will provide the scope of the reported incident, statements from the parties involved in or with knowledge of the incident, evidence obtained during the investigation, and an overview of disputed and undisputed facts of the matter. Both parties will be provided the opportunity to review and inspect all evidence that was obtained as part of the investigation. Per federal regulations for Title IX, both parties and their advisors will be provided with copies of the draft investigative report and all evidence that has been collected, for review and inspection. They will have 10 calendar days to review, inspect, and provide a written response that will be included in the final investigative report. The investigator will then review the parties’ responses and finalize the report. Once the investigation has concluded and the investigative report is complete, per federal regulations for Title IX, the parties and their advisors will again receive the investigative report, at least 10 calendar days prior to any hearing that may occur, for their review and response. Neither the draft investigative report or the final investigative report may be copied or shared beyond the Respondent, Complainant, and their advisors of choice. Should there be a violation of this expectation, the alleged party that copied or shared the document may be held accountable through the University’s Code of Conduct.