Investigation of Formal Complaint

The Title IX Coordinator will appoint one or more trained investigators to undertake an investigation into a formal complaint.  Throughout the investigation, the parties will be afforded an equal opportunity to present witnesses including fact and expert witnesses, and other inculpatory and exculpatory evidence.  The Investigator will not restrict the ability of either party to discuss the allegations under investigation or to gather and present relevant evidence.  Any proceeding, meeting, or hearing held to resolve formal complaints pursuant to this Grievance process will protect the privacy of the participating parties and witnesses.

Both parties will be afforded an opportunity to be accompanied to any meeting or proceeding by an advisor of their choice, who may be, but is not required to be, an attorney.  The advisor’s role is limited to providing support, guidance, and/or advice, and to conducting cross-examination during the live (see Section VIII.F below).  A party’s advisor m ay not speak on behalf of the party during any meeting, interview or hearing and must comply with all behavioral rules and expectations set forth in these Procedures.  If a party’s advisor violates these Procedures or engages in behavior that harasses, abuses, or intimidates a party, witness or individual resolving a complaint, that advisor may be prohibited from further participation.

When a party’s participation is invited or expected at an investigative interview or other meeting, the Investigator will provide that party with written notice of the date, time, location, participants, and purpose of said interview or meeting at least three (3) business days prior to the interview or meeting.

At the conclusion of the investigation and prior to the Investigator’s completion of his/her investigative report, the Investigator will send to each party (and the Party’s advisor, if any) the evidence obtained as part of the investigation that is directly related to the allegations raised in the formal complaint, in electronic format or hard copy when necessary.  The parties will have 10 business days to submit a written response to the evidence, which the Investigator will consider prior to completion of his/her investigative report.

After receiving and reviewing the parties’ written responses, if any, the Investigator will create an investigative report that fairly summarizes the relevant evidence and will forward a copy of his/her report to the Title IX Coordinator.  Upon receipt of the Investigator’s Report, the Title IX Coordinator will schedule a hearing.  At least 10 business days prior to the hearing, the Title IX Coordinator will:

1. Provide both parties with written notice of the hearing date, time, location, participants (including the name of the appointed Hearing Officer) and purpose of the hearing; and
2. Send to each party (and the party’s advisor, if any) the investigative report (in electronic format or hard copy when necessary) for their review and written response.