The Title IX Office conducts prompt, fair, and impartial investigations of formal complaints of alleged sexual misconduct as defined in Policy 1340 or Title IX sexual harassment as defined in Policy 1346 that avoid pre-judgement of facts at issue, conflicts of interest, and bias. The presumption is that no policy violation has occurred unless proven otherwise by a preponderance of the evidence at the conclusion of an adjudication process.
- Formal complaints regarding other forms of discrimination on the basis of sex, or on the basis of another protected class, may be directed to the Office of Equal Opportunity.
- When a complaint implicates either Policy 1340 or Policy 1346 (Title IX Office) and Policy 1324 (Office of Equal Opportunity), the Title IX Coordinator may consult with the director of the Office of Equal Opportunity to determine whether the allegations will be investigated together under appropriate procedures. The allegations may be investigated together unless the Title IX Coordinator determines that a combined investigation would unduly delay resolution of the Policy 1340 or Policy 1346 allegations. When the allegations will be investigated together, the Title IX Coordinator will notify the complainant(s) in writing of which policies and procedures will be used to investigate which allegations. Allegations that are investigated together may be adjudicated separately.
Formal Complaint Investigation and Adjudication Procedures
After the Title IX Office has received a formal complaint and all initial actions have been completed, the Title IX Office will issue written notice of the allegations to the respondent(s) and complainant(s) simultaneously. The Title IX Office will invite the parties to schedule a voluntary meeting to discuss supportive measures, resources, and applicable formal complaint procedures.
If the complainant has requested initiation of the investigation process, 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 process, the notice of allegation will specify that the formal complaint is being referred to an individual trained in conducting alternative resolutions.
If amendments or additional allegations are identified for investigation after the notice of allegation has been issued, the Title IX Office will issue notice of the amended or additional allegations to the parties whose identities are known.
The notice of allegation shall generally include:
- A summary description of the alleged incident(s), and if known, the date, time, and location of the alleged incident(s) and the names of the complaint(s) and respondent(s).
- Access to inspect and review the full formal complaint and notice of the equal opportunity of all parties to have sufficient time to prepare before participating in an investigation and hearing process or an alternative resolution process.
- The specific policy alleged to have been violated and notice that if amended or additional allegations are identified after the notice of allegation has been issued, the Title IX Office will issue a notice of the amended or additional allegations to the parties whose identities are known.
- Information regarding formal complaint procedures for both the investigation process and the alternative resolution process.
- Notice of the right of the parties to bring an advisor of choice, who may be but is not required to be an attorney, to any meetings and proceedings, and information on the role of the advisor and how to select an advisor.
- Notice that the university presumes that no policy violation has occurred unless proven otherwise by a preponderance of the evidence at the conclusion of an adjudication process, and that in conducting the investigation the Title IX Office serves fairly and impartially.
- Notice that the university presumes individuals participating in formal complaint procedures are acting in good faith. Failure to act in good faith in bringing an allegation, failure to act in good faith in participating during the proceedings (i.e., intentionally providing false or misleading evidence), or in any other capacity concerning Policy 1340 and Policy 1346 constitutes a form of misconduct and may result in sanctions separate from, and not dependent on, the outcome of any report or formal complaint filed under the applicable policy.
- The name of the individual assigned to conduct the formal complaint investigation, if applicable.
- Notice of the equal opportunity of all parties to submit evidence, inspect and review all evidence submitted, and to respond to the evidence in an investigation process.
- Notice that participation in the investigation process and/or alternative resolution process is voluntary, and that the Title IX Office has no mechanism to compel parties to participate or provide information.
- Notice of the prohibition against retaliation for parties participating in procedures under Policy 1340 and Policy 1346.
- Information about reasonably available supportive measures and how to schedule an appointment with the Title IX Office to ask questions regarding the formal complaint process or supportive measures.
- Notice that if a student respondent withdraws from the university 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.
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 for whom they are serving as advisor. An advisor of choice may be but is not required to be an attorney.
An advisor of choice may not speak for the party they are supporting during the formal complaint investigation process, but they may ask clarifying questions about policy and procedure.
Complainants and respondents may select an advisor of choice by completing the Advisor of Choice Authorization Form and submitting it to the Title IX Office. A party may choose different individuals to serve as their advisor of choice for different phases of the investigation. Each time a party selects an advisor of choice during the formal complaint investigation, the party must complete the Advisor of Choice Authorization Form and submit it to the Title IX Office.
After notice of allegation is delivered to the parties for an investigation process, the assigned investigator will begin the investigation process by sending written notice of investigation to the parties.
The investigator is responsible for gathering evidence for the investigation, and will generally follow the procedures listed here, including attempting to make contact with the complainant(s), respondent(s), and witnesses. The investigator will invite the complainant(s), respondent(s), and witnesses to participate in the investigation process and submit any information, including their own written statement, with the understanding that the complainant(s), respondent(s), and their respective advisors of choice will have full access to all evidence collected by and submitted to the investigator for the investigation.
The investigator is also responsible for writing the investigative report, which will not present findings, make recommendations, or assess credibility. Title IX Office personnel do not serve as decision-makers in formal complaint adjudication processes.
Investigations will generally follow this time frame:
- Phase 1 – Evidence Collection: 20 business days
- Phase 2 – Complainant(s) and Respondent(s) Review and Respond to Evidence: 10 calendar days
- Phase 3 – Drafting of the Investigative Report: 10 business days
- Phase 4 – Complainant(s) and Respondent(s) Review Investigative Report and Submit Final Response: 5 calendar days
At any point during the investigation, the investigator 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 investigator. 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. If an extension is granted, the complainant(s) and respondent(s) 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.
The investigator will gather evidence, which may include but is not limited to interviewing parties and witnesses and collecting written statements or other evidence from parties and witnesses. The evidence collection period will generally last 20 business days but may vary depending on the overall scope of the investigation, the volume of evidence, and the availability and responsiveness of the parties and witnesses.
The investigator cannot compel individuals or agencies to share evidence that may be relevant to the investigation, including but not limited to medical reports, educational records, correspondence (either electronic or mailed), surveillance video, police reports, phone records, other electronic communication, pictures, videos, maps, room layouts, etc. If the investigator is unable to obtain such information, parties who wish to include any such information may submit it directly to the investigator.
The investigator will identify witnesses — individuals who are believed to have directly witnessed or otherwise received information about the incident(s) under investigation — to contact for the investigation, including from those identified by complainants and respondents. Complainants and respondents may also submit statements they have gathered from witnesses. The investigator may still attempt to make contact with those witness for the purpose of confirming their participation and gathering additional information.
The investigator 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 investigator to include the information in the investigation. If a complainant or respondent voluntarily elect to submit information for the investigation that would be considered privileged, they must complete and return to the investigator the Consent to Include Privileged Information Form provided to them with written notice of investigation. A copy of the form must accompany each submission.
All information collected during the evidence-collection phase will be made available to the complainant(s) and respondent(s) and their respective advisors of choice for a period of 10 calendar days for review and response. Any information that must be excluded, as required by law, from the investigative report and adjudication process will be redacted, and an unredacted copy will be provided to the parties for review.
The complainant and respondent will each have until the conclusion of the 10-calendar-day period to submit a written response to the evidence. The investigator is not required to accept late submissions.
Upon receipt of responses to the evidence, if any, the investigator will determine whether evidence collection and/or evidence review and response should continue or whether to proceed to writing the investigative report. If evidence collection and/or evidence review and response will continue, the investigator will notify the parties.
The investigator will 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 review and respond to the evidence.
In the investigative report, the investigator will present a fair summary of all relevant evidence but will not present findings, make recommendations, or assess credibility.
Evidence concerning a complainant’s sexual predisposition or sexual history will be deemed irrelevant, unless the evidence is offered to prove that someone other than the respondent committed the alleged sexual misconduct or Title IX sexual harassment, or the evidence concerns specific incidents of the complainant’s prior sexual behavior with respect to the respondent and is offered to prove consent.
Evidence concerning a respondent’s sexual predisposition or sexual history will be deemed irrelevant, unless the evidence pertains to an alleged pattern of conduct by the respondent that is substantially similar to the present allegation(s). Evidence of any alleged pattern of substantially similar conduct by the respondent that is collected during the investigation will be included in the investigative report.
The investigator will make the investigative report available for review to the complainant(s) and respondent(s) and their respective advisors of choice for a period of five (5) calendar days and provide opportunity for the parties to submit a final response by the close of the five-calendar-day review period. The investigator is not required to accept late submissions.
Upon receipt of any final responses from the parties, the investigator will notify the parties that the investigation process has concluded and all materials will be transferred to the adjudicating authority for a hearing/case review to determine an outcome.
The complainant, respondent, and their advisors of choice will continue to have access to all of the investigation materials — including all evidence, responses to the evidence, the investigative report, and final responses — throughout the adjudication process. The adjudicating authority may make the materials available to the parties and their advisors of choice separately according to their adjudication procedures.
The Title IX Office will retain a copy of the materials for a period of at least seven years and will continue to provide the parties reasonably available supportive measures.
The Title IX Office may provide administrative support, as needed, to the Title IX Officer or designee responsible for administering an adjudication process, but questions regarding the adjudication process should be directed to the Title IX Officer or designee. The investigator or Title IX Coordinator may appear at the hearing/case review to provide an overview of the formal complaint process administered by the Title IX Office.
The adjudication procedures that are used to reach an outcome in a formal complaint depends on whether the allegations fall under Policy 1340 or Policy 1346 and whether the respondent is a student, employee, or affiliate.
When the allegations in a formal complaint fall under Policy 1346 and Policy 1340, Policy 1346 will govern. Refer to Policy 1340 for more information.
The Office of Student Accountability and Restorative Practices (OSARP) is the university authority responsible for the adjudication of formal complaints involving a student respondent. If the allegations fall under Policy 1340, then the Sexual Misconduct Accountability Process will be used and if the allegations fall under Policy 1346, then the Title IX Sexual Harassment Adjudication Process will be used.
Academic Affairs and Human Resources are the university authorities responsible for the adjudication of formal complaints involving employees or affiliates. Adjudication procedures for employees or affiliates are determined by the primary employment or affiliate role of the respondent at the university.
- Academic Affairs will use the adjudication procedures available here for respondents who are employees in Academic Affairs except wage or classified employees and affiliates.
- Human Resources will use the adjudication procedures available here for respondents who are employees or affiliates except A&P, instructional, and adjunct faculty in Academic Affairs.