After written notice of allegation of formal complaint is delivered to the complainant and respondent, the assigned investigator will send written notice of investigation to the complainant and respondent. The assigned investigator is responsible for gathering information for the investigation and writing the investigative report, and will generally follow the procedures listed here, including attempting to make contact with the complainant, respondent, and incident witnesses for the purpose of collecting information for the investigation. The investigative report does not include any findings, recommendations, or assessments of credibility. Title IX Office personnel do not serve as decision makers in Title IX sexual harassment or sexual misconduct formal complaint hearings. 

The complainant, respondent, and witnesses are invited to participate in the investigation process and may submit any information, including their own written statement, that they would like to submit for the investigation with the understanding that the complainant, respondent, and their advisors of choice will have full access to all materials collected by and submitted to the investigator for the formal complaint investigation. 

Investigations will generally follow this time frame:

• Phase 1 Evidence Collection: 20 business days
• Phase 2 Complainant and Respondent Review of and Response to Evidence: 10 calendar days
• Phase 3 Drafting of the Investigative Report: 10 business days
• Phase 4 Complainant and Respondent Review Investigative Report and Submit Final Response: 5 calendar days

Exceptions, Extensions, Deadlines

At any point during the investigation, the Title IX Office may determine it is necessary to extend or reopen the periods for evidence collection and/or review. In such cases, timelines for evidence collection or review may be modified by the Title IX Office. Parties will be notified of any such decisions and rationale in writing.

Anticipated timelines, deadlines, restrictions, or procedures detailed here will not be altered except in necessary or extreme circumstances, for good cause, in order to uphold the intent of the process, as determined by the Title IX Office. If an extension is granted, the complainant and respondent in a formal complaint will be informed of the reason for the extension. Complainants and respondents may request extensions for good cause under these procedures. The determination regarding whether or not an extension will be granted rests with the Title IX Coordinator.

After the Title IX Office has received a written formal complaint from the complainant and received confirmation from the complainant of their intent to file a formal complaint, the Title IX Office will issue written notice of allegation of the formal complaint to the respondent and the complainant. The Title IX Office will make reasonable efforts to contact and discuss supportive measures, resources, and these procedures with the respondent and complainant including encouraging each party to schedule an appointment to meet with the Title IX Office to review procedures and supportive measures. During the formal complaint process, the Title IX Office will make reasonable efforts to contact the complainant and respondent at regular intervals to check in and provide information about supportive measures.

If the complainant has requested initiation of the investigation and hearing procedure, the notice of allegation will include the name of the individual assigned to conduct the investigation. If the complainant has requested initiation of an available alternative resolution procedure, the notification will specify that the formal complaint is being referred to an office other than the Title IX Office for exploration of alternative resolution. If other allegations are identified for investigation after the written notice of allegation has been issued, notice of additional allegations must be provided to the parties whose identities are known.

Notification of allegation of formal complaint, regardless of which process the complainant has chosen, shall generally state and include:

• The date, time, and location of the alleged incident and the names, if known, of the complainant and respondent.
• A description of the incident(s) that is(are) the focus of the formal complaint and access to the full formal complaint submitted by the complainant to the Title IX Office so that the respondent and complainant have full access as soon as possible and before they would be expected to make statements for an investigation or alternative resolution procedure.
• The specific policy alleged to have been violated and that if other allegations are uncovered during the course of an investigation, the Title IX Office will send a separate written notification of allegation.
• Information regarding formal complaint investigation procedures, adjudication procedures, and alternative resolution procedures.
• Information about reasonably available supportive measures.
• The right of the complainant and respondent to bring an advisor of choice to any meetings and proceedings, information on the role of the advisor in procedures, and how to notify the Title IX Office of their choice.
• The presumption that no policy violation has occurred unless proven otherwise by a preponderance of the evidence in an adjudication process and that in conducting the investigation the Title IX Office serves fairly and impartially.
• The right of the respondent to inspect and review the formal complaint submitted by the complainant, before participating in an investigative interview or submitting a response.
• The name of the individual assigned to conduct the formal complaint investigation (if investigation and hearing option has been chosen).
• The equal opportunity of both parties to have sufficient time to prepare before participating in investigative interviews (if investigation and hearing option has been chosen).
• The equal opportunity of both parties to submit evidence and inspect and review evidence submitted.
• The equal opportunity of the complainant and respondent to have 10 days upon receipt of notification from the investigator to submit a response to the evidence collected before the investigator drafts the investigative report (if investigation and hearing option has been chosen).
• The equal opportunity of the complainant and respondent to have 5 days to submit a response to the investigative report, upon receipt of the report (if investigation and hearing option has been chosen).
• The prohibition against retaliation for parties participating in procedures under Policy 1346 and Policy 1340.
• That parties are instructed to preserve any potentially relevant evidence in any format.
• That the formal complaint investigation is the only opportunity prior to a hearing for the complainant and respondent to submit evidence and statements (if investigation and hearing option has been chosen).
• That the formal complaint investigation is the only opportunity prior to a hearing for the investigator to receive submissions by witnesses (if investigation and hearing option has been chosen).
• How to schedule an appointment with the Title IX Office to ask questions regarding the procedures and discuss supportive measures.
• Notification that participation in either the investigation and hearing process and/or alternative resolution process is voluntary, and that the Title IX Office welcomes and encourages participation by parties but has no mechanism to compel parties to participate or provide information.

Transcript Notation

If a student respondent withdraws while under investigation for an allegation of sexual violence, defined as physical sexual acts perpetrated against a person’s will or against a person incapable of giving consent, a notation will be placed on the student respondent’s transcript until a final decision in the case is rendered. In cases where a student respondent is found responsible and suspended or expelled for sexual violence a notation will be placed on the student respondent’s transcript.

Such notations will read, as applicable: 

• Withdrew while under investigation for violation of Student Standards of Conduct
• Expelled for violation of Student Standards of Conduct
• Suspended for violation of Student Standards of Conduct

Student respondents receiving a transcript notation for a suspension will have it automatically removed by the Office of the Registrar once the suspension period has ended. After a period of three years, students may contact the Office of Student Accountability and Restorative Practices to request removal of a notation for good cause shown.

Participation in the formal complaint investigation and hearing process is voluntary for the complainant, respondent, and witnesses and the university has no mechanism for compelling individuals to participate.

The Title IX Office is responsible for collecting evidence for the investigation and does not have a mechanism for compelling individuals or agencies to share documents, video, and audio that may be relevant to the investigation of a formal complaint including but not limited to medical reports, educational records, correspondence (either electronic or mailed) that may have taken place between parties involved, surveillance video, police reports, personal text messages, phone records, other electronic communication, pictures, video, maps, room layouts, etc. If the university is unable to obtain such information, parties who wish to include any such information may submit it directly to the investigator.

The Title IX Office cannot access, accept, 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 or paraprofessional’s capacity, or assisting in that capacity, and which are made or maintained in connection with the provision of treatment to the party, unless the party voluntarily provides written consent to the Title IX Office to include the information in the investigation.

The Title IX Office cannot access, accept, 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 or paraprofessional’s capacity, or assisting in that capacity, and which are made or maintained in connection with the provision of treatment to the party, unless the party voluntarily provides written consent to the Title IX Office to include the information in the investigation. If the complainant or respondent voluntarily elect to submit information for the investigation that would be considered privileged, they must complete and return the “Consent to Include Privileged Information” form provided to them with written notice of allegation. A copy of the form must accompany each submission.

The role of the advisor of choice during the formal complaint investigation conducted by the Title IX Office is to serve as a support person to the party they are serving as advisor for. The advisor of choice may speak directly with the party they are providing support for and may ask clarifying questions about policy and procedure of the Title IX Office and the investigator. However, an advisor of choice may not speak for the party they are supporting during the investigation of the formal complaint. The complainant and respondent may need to provide written permission for their respective advisor of choice to directly receive the investigative report by contacting the Title IX Office at titleix@jmu.edu and completing the Advisor of Choice Authorization form. This permission applies only to the Title IX Office. 

An advisor of choice may be anyone a party chooses and may be but is not required to be an attorney. An individual may choose different individuals to serve as their advisor of choice for different phases of the investigation and overall process. Each time a party changes advisors of choice during the investigation process, the party is asked to contact the Title IX Office at titleix@jmu.edu and complete the Advisor of Choice Authorization form. This permission applies only to the Title IX Office. 

Generally, a witness should not be an advisor of choice.

Refer to information on the specific applicable hearing process or the alternative resolution process to learn about the role of support persons and advisors of choice in those proceedings and how a party should go about informing the applicable office of their choice of advisor or support person.

At any point during the investigation, The Title IX Office may determine it is necessary to extend or reopen the periods for evidence collection and/or review. In such cases, timelines for evidence collection or review may be modified by the Title IX Office. Parties will be notified of any such decisions and rationale in writing.

Phase 1 Evidence Collection

The investigator will collect information and evidence which includes interviewing parties who wish to participate and collecting and accepting documentation, information, and statements from parties. This process will generally take 20 business days. The time frame for evidence collection may vary depending on the overall scope of the investigation, the volume of evidence, and the availability and responsiveness of the complainant, respondent, and witnesses to requests made by the investigator.

Phase 2 Complainant and Respondent Review of and Response to Evidence

All evidence collected during the information/evidence collection period will then be made available to the complainant and respondent and their respective advisors of choice for review for a period of 10 calendar days. 

• The complainant and respondent will each have until the conclusion of that 10-calendar-day period to submit a written response to the evidence directly to the investigator. The investigator is not required to accept late submissions.
• Upon receipt of those responses, the investigator will determine whether evidence collection and review should continue or whether to proceed to writing the investigative report. If evidence collection and review will continue, the investigator will notify the parties.

Phase 3 Drafting of the Investigative Report

The investigator will then have 10 business days to write the investigative report. The investigator does not finalize the investigative report until all parties have been provided opportunity to inspect and review the evidence.

Phase 4 Complainant and Respondent Review Investigative Report and Submit Final Response

Upon completion of the investigative report, the investigator will make the investigative report available to the complainant and respondent and their respective advisors of choice for a period of 5 calendar days for review and for the complainant and respondent to submit a final response to the investigative report by the close of the 5 calendar day review period. The investigator is not required to accept late submissions.

The Title IX Office treats all witnesses as incident witnesses who are invited to share any information they have and to represent their own and not another party’s perspective. Incident witnesses are individuals who are believed to have information about the incident(s) that is (are) the focus of the formal complaint investigation.

Generally, the investigator will identify incident witnesses to contact for the investigation of the formal complaint. The complainant and respondent may also identify witnesses. However, such witnesses will not be classified by the Title IX Office as “complainant witnesses” or “respondent witnesses” and instead will be considered incident witnesses.

The complainant and respondent may also elect to submit statements they have gathered independently from witnesses for the investigation. The statements may be classified as incident witness statements and the investigator may still attempt to make contact with the incident witness for information gathering purposes.

While the investigator will make reasonable attempts to reach out to all potential witnesses, there is no mechanism for Title IX Office to compel witnesses to participate.

Generally, a witness should not be an advisor of choice.

Report Contents

In the report, the investigator will present a fair summary of all relevant evidence but will not present findings, make recommendations, or weigh credibility. 

Report Exclusions

Information that pertains to the sexual predisposition of the complainant will be excluded from the report. Information about the complainant's prior sexual behavior will also be excluded unless such information is offered to prove that someone other than the respondent committed the conduct alleged by the complainant, or if it concerns specific incidents of the complainant’s prior sexual behavior with respect to the respondent and is offered to prove consent.

Upon receipt of the final responses to the investigative report from the complainant and respondent, the investigator will notify the complainant and respondent that the investigation portion of the formal complaint process has concluded.

• The complainant, respondent, and their advisors of choice will continue to have access to all of the materials Title IX has made available to them including the investigative report, all responses, and all evidence that has been collected by and submitted to the investigator.
• All such material will also then be made available to the university authority responsible for administering the hearing and reaching an outcome. This does not preclude the university entity responsible for the adjudication process from also making the materials available to the complainant, respondent, and their advisors of choice.

• The Title IX Office will retain a copy of the investigative report for a period of at least seven years.
• The Title IX Office will continue to provide reasonably available supportive measures and referrals for supportive measures available through other university offices and the community to the complainant and respondent.
• The Title IX Office does not have any involvement with the administration of the hearing process other than providing administrative support, as needed, to a Title IX Officer responsible for an adjudication process. Therefore, parties involved in the formal complaint process will have to communicate directly with the office administering the hearing procedure regarding all matters related to the hearing including but not limited to informing the responsible office of who will be serving as advisor of choice, scheduling availability, etc.
• The individual assigned as the investigator for the formal complaint may appear at the formal complaint hearing as an administrative witness to provide an overview of the investigative procedures and to answer questions about procedures but will not provide any recommendations, conclusions, or assessments of credibility.

Refer to Policy 1340 for the procedures the university will follow to adjudicate formal complaint allegations that fall within the scope of both Policy 1340 and 1346.