Investigation
Once the decision is made to commence a formal investigation, the Title IX Coordinator appoint one or two ERP pool members to conduct the investigation, usually within two (2) business days of determining that an investigation should proceed. Investigations are completed expeditiously, though some investigations take weeks, depending on the nature, extent and complexity of the allegations, availability of witnesses, police involvement, etc. All investigations will be completed as quickly as possible, unless lengthy school breaks, significant new information, or other extraordinary event occurs. The Title IX Coordinator may elect to employ an outside investigator in order to ensure a thorough and timely investigation.
The University may undertake a short delay in its investigation (several days to weeks, to allow evidence collection) when criminal charges on the basis of the same behaviors that invoke this process are being investigated. The University will promptly resume its investigation and resolution processes once notified by law enforcement that the initial evidence collection process is complete. University action will not typically be altered or precluded on the grounds that civil or criminal charges involving the same incident have been filed or that charges have been dismissed or reduced.
All investigations will be thorough, reliable, impartial, prompt and fair. Investigations entail interviews with all parties and witnesses deemed relevant, obtaining available evidence and identifying sources of expert information, as necessary.
An investigation typically pursues the following, not necessarily in order;
- Develop a strategic investigation plan, including a witness list, evidence list, intended timeframe, and order of interviews for all witnesses and the responding party, who may be given notice prior to or at the time of the interview;
- Determine the preliminary allegations [charges];
- Provide written notification to the parties prior to their interviews that they may have the assistance of an advisor of their choosing present for all meetings attended by the advisee;
- Provide reporting party and responding party with a written description of the alleged violation(s), a list of all policies allegedly violated, a description of the applicable procedures and a statement of the potential sanctions/responsive actions that could result;
- Prior to the conclusion of the investigation, provide the reporting party and the responding party with a list of witnesses whose information will be used to render a finding;
- Allow each party the opportunity to suggest questions they wish the investigators to ask of the other party and witnesses.
- Provide parties with all relevant evidence to be used in rendering a determination and provide each with a full and fair opportunity to address that evidence prior to a finding being rendered;
- Complete the investigation promptly, and without unreasonable deviation from the intended timeline;
- Make a finding, based on a preponderance of the evidence (whether a policy violation is more likely than not);
- The Title IX Coordinator finalizes and presents the findings to the responding party;
- Share the findings and update the reporting party on the status of the investigation without undue delay.
At any point during the investigation, if it is determined there is no reasonable cause to believe that University policy has been violated, the Title IX Coordinator has authority to terminate the investigation and end resolution proceedings.
Witnesses (as distinguished from the parties) are expected to cooperate with and participate in the University’s investigation and the Equity Resolution Process. Any witness who declines to participate in or cooperate with an investigation will not be permitted to offer evidence or testimony later in a hearing (if a hearing is held). Failure of a witness to cooperate with and/or participate in the investigation or Equity Resolution Process constitutes a violation of policy and may be subject to discipline. Witnesses may provide written statements in lieu of interviews during the investigation and may be interviewed remotely by phone, Skype (or similar technology), if they cannot be interviewed in person or if the investigators determine that timeliness or efficiency dictate a need for remote interviewing. Parties who elect not to participate in the investigation or to withhold information from the investigation will not have the opportunity to offer evidence during the hearing and/or appeal stages of the process if it could have been offered during the investigation. Failure to offer evidence prior to an appeal does not constitute grounds for appeal on the basis of new evidence.
No unauthorized audio or video recording of any kind is permitted during investigation meetings or other Equity Resolution Process proceedings.