Student Code of Conduct - 21. Formal Complaint & Investigation Process for Title IX

1. Formal Complaint

If any student would like to move forward with a formal grievance procedure, a formal complaint must be submitted to the Title IX Coordinator, or designee. A formal complaint is a signed document that details the alleged harassment/misconduct and requests the university begin an investigation. A formal complaint may be made to the Title IX Coordinator, or designee, in person, via phone, mail, or e-mail. In certain circumstances, the Title IX Coordinator may file a Formal Complaint.

2. Notice

Upon receipt of a formal complaint, the university will provide written notification to both parties with information to help prepare for the investigation process. The notice shall include:

1. A description of the investigation and adjudication processes

2. The evidentiary standards used to determine responsibility is “preponderance of the evidence”

3. Information about advisors. Parties may have an advisor of their choice, who may, but is not required to be, an attorney. If either party does not have an advisor of choice, the university will provide one, free of charge.

4. Parties and their respective advisors may review reports and evidence gathered by the university during the investigation process

5. Reference to the university’s provision in the code that prohibits knowingly making false statements or knowingly submitting false information during the process.

Prior to meetings where a party’s participation is expected, the university shall provide written notice to that party of the date, time, location, participants, and purpose of the meeting (for example: an investigative interview, hearings, or other meetings) with sufficient time for the party to prepare for the meeting.

3. Investigations of Title IX Sexual Harassment/Misconduct Cases
4. The university will conduct an investigation of the allegations, which may include speaking with the parties, other witnesses and considering evidence.
5. All parties have the opportunity to present evidence and request that witnesses be interviewed.
6. The university cannot use privileged records of any witness/party without the consent of the witness/party.
7. All parties will be provided with written notice of meeting dates and times, as well as the right to attend meetings with an advisor of choice. The advisor of choice may act only in an advisory capacity at these meetings. Sufficient notice will be provided to prepare for meeting requests.
8. The university has the burden of gathering evidence during the investigation.
9. The university cannot restrict the right of either party to discuss the evidence in the case.
10. If, in the course of the investigation, the university decides to investigate allegations/ conduct that was not included in the original notice to the parties, the university shall provide notice of the additional allegations to the appropriate parties.

a. Dismissal of a Formal Complaint

The university shall dismiss a formal complaint of the Sexual Harassment/Misconduct Process under the following circumstances:

1. The allegations would not constitute Sexual Harassment/Misconduct as set forth in the Sexual Harassment/Misconduct Policy.
2. The allegations did not occur within the university’s jurisdiction as stated in the Sexual Harassment/Misconduct Policy.
3. The complainant informs the Title IX Coordinator in writing that they wish to withdraw the formal complaint
4. If the respondent is no longer enrolled at the university.
5. The inability to gather sufficient information in order to reach a determination.

The university may, in its sole discretion, transfer reported misconduct that has been dismissed from the Sexual Harassment/Misconduct process to the Student Conduct procedures as outlined in section IV.

Written notice of the university’s decision and rationale to dismiss a Formal Complaint will be sent to both parties.

Parties will have the opportunity to appeal the decision to dismiss a Formal Complaint.

b. Investigative Report

Parties and their advisors will have the opportunity to review all relevant evidence and reports prior to the completion of the investigation. Parties will have the opportunity to respond in writing within ten (10) days of review. The Investigator will consider written responses prior to the completion of their report.

The Investigator will prepare a report of all relevant evidence, interviews, and reports. Parties will be provided the report for review at least ten (10) days prior to a hearing. Parties will have an opportunity to provide a written response to the report, no later than ten (10) days after receiving the report.

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