...
- Dismissal of a Formal Complaint
The AVP of the Division of Diversity, Equity and Inclusion, Office of Student Equity and Compliance must dismiss the Formal Complaint, or allegations therein, at any time, if it is determined that the conduct alleged would not constitute Sexual Misconduct, even if proved. Such a dismissal does not preclude the University from taking action under another provision of the University’s policies.
The AVP of the Division of Diversity, Equity and Inclusion, Office of Student Equity and Compliance, in his/her discretion, may also dismiss the Formal Complaint, or allegations therein, if at any time during the Grievance Process, the following occurs: (1) the Complainant notifies the AVP of the Division of Diversity, Equity and Inclusion, Office of Student Equity and Compliance, in writing that the Complainant would like to withdraw the Formal Complaint, or any allegations therein; (ii) the Respondent is no longer enrolled by the University; or (iii) specific circumstances prevent the University from gathering evidence sufficient to reach a determination as to the Formal Complaint or allegations therein.
Written notice of any required or permitted dismissal, including any reason(s) therefore, shall be promptly sent to the parties simultaneously. This notice will also advise the parties of their appeal rights in accordance with this policy.
Consolidation of Formal Complaints – Formal Complaints as to allegations of Sexual Misconduct against more than one Respondent, or by more than one Complainant against one or more Respondents, or by one party against the other party, may be consolidated where the allegations of Sexual Misconduct arise out of the same facts or circumstances.
Notice of Allegations – Upon receipt of a Formal Complaint, the AVP of the Division of Diversity, Equity and Inclusion, Office of Student Equity and Compliance, or Designee, will provide written notice to the known parties, which includes:
A link to the University’s Student Sexual Misconduct and Harassment Policy, so the parties can review the University’s Grievance Process, including the Informal Resolution Process;
Sufficient detail, of what is known at the time, related to the allegations of Sexual Misconduct, including details such as the identities of the parties involved, the conduct allegedly constituting Sexual Misconduct, and the date(s) and location(s) of the alleged incident(s);
A statement that the Respondent is presumed not responsible for the alleged conduct, and that a determination regarding responsibility will be made at the conclusion of the Grievance Process;
Information that the parties may have an Advisor of their choice, who may be, but is not required to be, an attorney;
A statement that the parties and their Advisors will have the right to inspect and review evidence during the investigation of a Formal Complaint; and
Reference to the provisions within the Student Sexual Misconduct and Harassment Policy that prohibits knowingly making False Reports or False Statements.
Such notice will be provided to the parties within a reasonable period of time prior to conducting any investigatory interview, so that the parties have time to prepare and meaningfully respond.
If, in the course of an investigation, the University decides to investigate allegations about the Complainant or Respondent that were not included in the initial notice, the University will provide notice of the additional allegations to be investigated, to the known parties.
Formal Resolution Process
Written Notice of Meetings, Interviews, Hearings – Written notice of the date, time, location, participants, and purpose of all investigative interviews, hearings, or any other meetings, will be provided to any party whose participation is invited or expected, with sufficient time for the party to prepare to participate.
Investigation of a Formal Complaint – After notification of the allegations in the Formal Complaint has been sent, the DEI Investigator, or Designee, will promptly initiate an investigation within seven (7) calendar days. The investigation shall be completed in a reasonably prompt manner, and should be completed within ninety (90) calendar days from the time the Formal Complaint is filed.
The investigation will include interviews of the Complainant(s), Respondent(s) and any witnesses/individuals believed to have information relevant to the allegations, as well as the collection of any relevant evidence.
Each party is permitted to have their Advisor present during any investigatory interview, or other meeting. However, while the party has the right to communicate with their Advisor during any meeting, the Advisor does not have speaking privileges during the investigation/investigatory interviews.
The investigator will not access, consider, disclose, or otherwise use a party’s records that are made or maintained by a physician, psychiatrist, psychologist, or other recognized professional/paraprofessional acting in the professional/paraprofessional’s capacity, or assisting in that capacity, and which are made and maintained in connection with the provision of treatment to the party, unless the investigator obtains that party’s voluntary, written consent to do so for a Grievance Process.
The parties and their Advisors are not restricted from discussing the allegations under investigation for the purpose of gathering and presenting evidence to the investigator.
During the investigation, the parties will be provided the opportunity to present witnesses, including fact and expert witnesses, and other inculpatory (evidence implying or imputing responsibility) and exculpatory (evidence exonerating responsibility) evidence.
Investigation Report – The DEI Investigator or Designee will prepare an Investigation Report that fairly summarizes relevant evidence and preliminary findings of fact.
An initial Prior to an Investigation Report being prepared, along with all of the evidence gathered by the investigator (any evidence obtained as part of the investigation, that is related to the allegations in the Formal Complaint, including information that will not be relied upon in reaching a determination and without regard to the source of the information), will be shared with the parties and their Advisors (if any) simultaneously. Names and other identifying information of individuals in the report/evidence may be redacted if required by the Family Educational Rights and Privacy Act ("FERPA"). The parties and their Advisors must keep the evidence confidential and not share it with anyone, except for the purpose of gathering and presenting relevant evidence to provide to the investigator within the 10-day period. Failure to abide by this confidentiality obligation may subject a party or Advisor to disciplinary action by the University.
Each party may respond to the investigator in writing, within ten (10) calendar days of receipt of the initial report/ evidence.
After reviewing any timely submitted responses by the parties, within fourteen (14) calendar days, the investigator will prepare a final an Investigation Report. The final Investigation Report will fairly summarize the relevant evidence and findings of fact.
The parties and their Advisors (if any) will be simultaneously provided with an electronic or hard copy of the final Investigation Report. The parties may choose to provide a written response to the Investigation Report, which must be submitted to the investigator within ten (10) calendar days of receipt. The parties and their Advisors (if any) will be provided with an electronic or hard copy of the other party's written response, if any, to the Investigation Report.
A copy of the final Investigation Report will also and any written response(es) will then be forwarded at the same time to the Office of Community Standards, for the scheduling of a Hearing.
Hearing – A Hearing should be scheduled by the Office of Community Standards no later than thirty (30) calendar days after receipt of the final Investigation Report.
Each party may have one Advisor attend the Hearing. While a party may communicate with their Advisor, the Advisor may not actively participate in the Hearing. Prior to the scheduled Hearing, each party will be asked to identify their Advisor, if any, who will be present for the Hearing.
Prior to the scheduled Hearing, the parties will be provided an opportunity to make a request for witnesses to participate in the Hearing on their behalf. The parties must notify the AVP of Civic Involvement, or Designee, of any witnesses at least seven (7) calendar days prior to the Hearing. The parties will also be advised of potential Hearing panelists, and provided the opportunity to object to a panelist based on a conflict of interest.
If the matter to be heard had originally attempted, but was unsuccessful at, the Informal Resolution Process, any information related to the Informal Resolution Process will not be admissible during the Hearing. In addition, the individual who facilitated the Informal Resolution Process may not be called as a witness at the Hearing.
A matter will be heard by a Hearing Panel consisting of three (3) voting members, one of whom will be the Hearing Chair. The Hearing Chair will exercise control over the manner in which the Hearing is conducted, including being responsible for managing the questioning process. The decisions regarding responsibility and any Disciplinary Sanctions, if applicable, will be determined by a majority vote.
- Hearings may be conducted with all parties physically present in the same geographic location or, at the University’s discretion, any or all parties, witnesses, and other participants may appear at the Hearing virtually, with technology enabling participants simultaneously to see and hear each other. For Hearings occurring in-person, at the request of a party, the University will provide for the Hearing to occur with the parties located in separate rooms with technology enabling the Hearing Panel, parties and their Advisors to simultaneously see and hear the party or the witness answering questions.
- Both/all parties shall be permitted to be present during testimony of all witnesses and presentation of the evidence throughout the Hearing.
- Hearing Panel members will be provided access to the final Investigation Report and evidence at least twenty-four (24) hours prior to the Hearing. However, while the Hearing Panel members may consider the final Investigation Report as evidence, the Hearing Panel will function as an independent adjudicating body and will not be bound by any findings made by the investigator.
- At the beginning of the Hearing, the Hearing Chair, along with the other members of the Hearing Panel, will enter their names into the recording. The parties and their Advisors (if applicable) will also enter their names into the recording.
- The Hearing Chair will ask if the Respondent has received the original notice of allegation(s) letter, and understands the nature of the charges.
- The Hearing Chair will then confirm that the Hearing Panel members and the parties have received copies of the Formal Complaint, notice of allegation(s) letter, list of witnesses, along with the final Investigation Report.
- The remainder of the Hearing will customarily proceed in the following order:
- Opening statement from the Complainant;
- Opening statement from the Respondent;
- Questioning of the investigator;
- Questioning of Complainant;
- Questioning of Respondent;
- Questioning of witnesses – each witness will be called one at a time, questioned separately, and dismissed at the conclusion of their testimony;
- Final questions of the Complainant(s)/Respondent(s) from the Hearing Panel;
- Respondent’s final statement; and
- Complainant's final statement.
Each party will have the opportunity to cross examine the other party (and relevant witnesses, if any) by submitting cross-examination questions to the Hearing Chair for consideration. Only relevant cross-examination questions may be asked of a party or witness. The Hearing Chair has the sole discretion to determine what questions are relevant.
Questions and evidence about the Complainant's sexual predisposition or prior sexual behavior are not relevant, unless such questions and evidence: (1) are offered to prove that someone other than the Respondent committed the conduct alleged by the Complainant, or (2) concern specific incidents of the Complainant's prior sexual behavior with respect to the Respondent, and are offered to prove Consent.
The presentation of evidence by a party (including opening statements), cross-examination questions proposed, and final statements may be constrained to specified time periods when cumulative or as otherwise deemed appropriate by the Hearing Chair.
The Hearing Panel may not draw an inference about the determination regarding responsibility based solely on a party or witness's absence from the Hearing, or refusal to answer cross-examination or other questions.
Formal rules of evidence that are applicable to civil and criminal trials are not applicable to the Hearing.
All Hearings will be closed to the public, and the only individuals who are permitted to attend are the Complainant(s), Respondent(s), their Advisors, the Hearing Panel, and any witnesses called to provide testimony. In addition, University administrators (i.e., legal counsel) may also attend the Hearing with prior approval from the Hearing Chair.
All Hearings will be audio and/or video recorded. Upon request, a digital file will be made available to the parties for inspection and review.
Written Determination Regarding Responsibility/Disciplinary Sanctions – Within fourteen (14) calendar days following the Hearing, the decision-maker(s) will issue a written determination regarding responsibility, and Disciplinary Sanctions and/or Remedies (if applicable).
If a Respondent has a record of prior disciplinary violations by the University, unless otherwise permissible, this information will not be considered by the Hearing Panel until after a determination of responsibility has been made, to assist the Hearing Panel in determining appropriate Disciplinary Sanctions.
The written determination will include:
A summary of the allegations of Sexual Misconduct;
A description of the procedural steps taken from the receipt of the Formal Complaint through the determination, including any notices to the parties, interviews with parties and witnesses, site visits, methods used to gather other evidence, evidence considered, and hearings held;
Findings of fact supporting the determination;
Conclusions regarding the application of the University’s Student Sexual Misconduct and Harassment Policy to the facts;
A statement of, and rationale for, the result as to each allegation, including a determination regarding responsibility, any Disciplinary Sanction(s) the University will impose on the Respondent, and whether Remedies designed to restore or preserve equal access to the University’s education programs or activities will be provided by the University to the Complainant; and
Information regarding the University’s process and permissible bases for the Complainant and Respondent to appeal.
The University will provide the written determination to the parties simultaneously.
The determination regarding responsibility becomes final either on the date that the University provides the parties with the written determination of the result of an appeal, if any appeal is filed; or if an appeal is not filed, the date on which an appeal would no longer be considered timely.
Informal Resolution Process
...