Investigation of Allegations

Investigation of Allegations of Sexual Misconduct/Relationship Abuse/Stalking

1. Allegations of sexual misconduct/relationship abuse/stalking involving students are investigated by a University Investigation Team comprised of the Associate Dean of Students or designee plus two University faculty/staff members.  Investigations of sexual misconduct/relationship abuse/stalking among faculty and staff are conducted by the Title IX Coordinator or designee.
2. The Investigation Team will convene upon receipt of information that alleges a violation has taken place, and will begin an investigation with the complainant’s consent.  If, however, the complainant does not consent to an investigation, the University will take all reasonable steps to investigate and respond to the complaint consistent with the complainant’s request not to pursue an investigation unless the University determines that a complete investigation is necessary in order for it to respond effectively to the harassment and prevent the harassment of other students.  Typical investigations will be completed in approximately 60 days following receipt of the complaint.
3. The Investigation Team will interview all relevant parties regarding the allegation of sexual misconduct.  All parties will be notified when interviews with the team are scheduled.   
   • The Investigation Team will write a summary of the information gathered during the interviews of all the relevant parties.
   • All parties interviewed will be provided an opportunity to review the summary of the interview for accuracy and to make corrections.
   • All parties have the right to be assisted by an advisor of their choice who is a member of the University community and may not be an attorney. Exceptions are made for the fol­lowing circumstances:
     • An advisor may be an attorney if criminal charges are pending in the same matter.
     •  An advisor may be a parent/guardian if separa­tion from the institution is a possible outcome of the hearing. 
     • The parties involved are responsible for presenting his or her own information, and therefore, advisors are permitted to speak only to their advisees.
4. In certain circumstances, the Dean of Students or designee may initiate interim actions during the period of investigation.
5. The Investigation Team will conduct a thorough and impartial investigation by interviewing witnesses, including the respondent, and gather additional information regarding the allegations.  Both the complainant and the respondent will have the opportunity to present witnesses, impact statements, and other evidence to the Investigation Team.  Witnesses will be instructed that they are required to maintain confidentiality regarding the allegations.
6. If it is determined by the Investigation Team that there is insufficient evidence to pursue the complaint, there will be no further action by the team.  However, the University will insure that it is in compliance with the requirements of Title IX.
7. The complainant and respondent will be kept up to date as to the status of the investigation through its conclusion.
8. The Investigation Team will summarize the information gathered during the investigation and make a finding and may recommend a sanction.  The Investigation Team’s finding will be based on preponderance of evidence. 
9. The Dean of Students representative to the Investigation Team will meet with the complainant and respondent separately to present the outcome of the investigation.  If a sanction is imposed, the complainant may be informed of the sanction to the extent possible under Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. § 1232g; 34 CFR Part 99.  Possible outcomes are as follows:
   1. No Finding – no evidence was available to support any finding to pursue any further investigation at this time
   2. Not Responsible- insufficient evidence was available to support a finding of responsibility for violations of policy
   3. Responsible – the evidence supports a finding of responsibility, based on a preponderance of the evidence standard
      • If respondent accepts the Investigation Team’s finding and recommended sanction, the resolution is completed.
      • If respondent accepts the Investigation Team’s finding, but not the recommended sanction, the case will be referred for a formal "sanctions only" hearing to determine appropriate sanction(s).
      • If respondent does not accept the Investigation Team’s finding, the case will be referred for a formal hearing to determine the finding and, if responsible, any appropriate sanction(s).