Investigative Resolution Process

NOTE: Throughout the investigative process, 1). an advisor of choice may accompany, support, and advise each party; 2). a report to law enforcement may be made at any point; and 3). resources and support will be made available.

Investigative Process

1. To commence the investigative process:
   • Notice of Investigation will be sent to the Complainant and Respondent by the Title IX Coordinator or designee.
   • Investigator(s) will conduct a prompt, thorough, fair, and impartial investigation. Both parties will have an equal opportunity to be heard, to submit evidence, to identify witnesses, and to submit questions they believe should be directed by the Investigator to each other or to any witness.
2. At the conclusion of the investigative process: Investigator will prepare Preliminary Investigative Report summarizing the information gathered for review and response by each party. After the review period, the Investigator will prepare a Final Investigative Report.

Hearing

3. All parties and witnesses will be invited to participate in a live hearing before a hearing officer. The hearing officer will make a decision as to whether or not the Respondent violated the policy based on a preponderance of the evidence.
   • Either party may appeal the finding(s):
     • If a finding is not appealed, the process is concluded. If the finding was “Responsible,” the sanctions assigned by the hearing officer will be imposed.
     • If a finding is appealed, an appellate officer will review the appeal.

Appeals and Final Outcome

4. Next steps for appeals:
   • If either party contests the investigative finding, an appellate officer will be appointed to determine whether:
     • there was a procedural irregularity that affected the outcome;
     • there is new evidence that was not reasonably available at the time that could affect the outcome;
     • the Title IX Coordinator, investigator, or decision-maker had a conflict of interest or bias that affected the outcome; and/or (4) the decision was arbitrary or capricious.
   • The appellate officer may deny the appeal, or if one or more of the appeal grounds have been met, may:
     • return the case to the hearing officer for reconsideration; or
     • appoint an alternate decision maker to review the case; or
     • change or modify the decision.

The decision made by the appellate officer to grant or deny the appeal is final. If an appeal is granted, the subsequent determination and/or sanction is/are final. A written decision will be issued to both parties.