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E. Investigation: Once a report of sexual misconduct has been made, an investigation into the report will be initiated by the Title IX Manager or designee within seven calendar days. Once a formal resolution procedure has been initiated, the Title IX Manager or designee will initiate an impartial, reliable, and thorough investigation.
1) The investigation may conducted by the Title IX Manager alone, by the Title IX Manager with another Title IX Investigator, or by designees of the Title IX Manager. The investigation may also be conducted by an outside investigator retained by the University.
2) The Title IX Manager or designee will determine the manner in which the investigation is conducted.
3) The investigation may include any of the following: interviews of the parties involved, including witnesses, review of written statements, and the gathering of other relevant information.
4) Both parties will have the opportunity to present witnesses and other evidence.
5) Investigation Report: The investigators will review all of the information gathered during the investigation and will prepare an initial investigation report which contains a summary of the information gathered during the investigation and preliminary findings of fact.
- This initial report will be shared with the parties simultaneously. After the parties have been provided the initial report, the parties will have the opportunity to provide additional or rebuttal information within seven (7) calendar days to the investigators.
- The investigators will review additional or rebuttal information provided, if any, and will generate a final investigative report.
- The final investigation report will include a comprehensive description of the evidence gathered during the investigation, the investigators’ findings of fact, and credibility assessments of any relevant witness or parties.
- While the investigators will make initial findings of facts and credibility determinations, the investigators will not adjudicate the matter and will not reach a determination as to whether or a violation of this policy occurred.
- The parties will be provided with of the final investigation report simultaneously and will be advised that the parties may be subject to a hearing under the Student Disciplinary Process.
6) Advisors: The Complainant and Respondent have the right to an advisor of their choice during this process. An advisor may be a family member, an attorney, or any third party. Advisors are present to support the parties and to provide advice on procedural matters; advisors may not speak on behalf of the party.
- Advisors must adhere to all conditions and obligations under this policy and required by the University’s process.
- The advisor has the right to accompany the student to any meetings with the investigators or University administrators. The student has the right to communicate with their advisor during any meeting.
- The advisor does not have speaking privileges during investigatory interviews.
- The Title IX Manager or designee will exercise control over the investigatory process. Anyone who disrupts an investigatory interview or who fails to adhere to University policies may be asked to leave an investigatory interview.
- Regardless of whether a party has an advisor, the Title IX Manager or designee will correspond and communicate directly with the parties.
7) The Adjudicatory Hearing
a. For complaints that will be adjudicated by the Student Disciplinary Process, the appropriate adjudicator will be determined as follows:
i. Administrative Hearing Officer - If the alleged violation is one for which the Respondent student could not be suspended or expelled from the University, the complaint will be heard by an Administrative Hearing Officer.
ii. Sexual Misconduct Hearing Board - If the alleged violation is one for which the Respondent student could likely be suspended or expelled from the University, the complaint will be heard by the Sexual Misconduct Hearing Board.
b. Timeframe: The University will attempt to schedule a hearing within 20 business days after receipt of the final investigative report.
i. The Respondent and the Complainant will receive timely notice in writing of the date and time of the hearing before the Sexual Misconduct Hearing Board or appropriate Administrative Hearing Officer.
c. Witnesses: The Respondent and the Complainant will have the opportunity to make a request to the Assistant Vice President for Civic Involvement for witnesses to participate in the hearing on their behalf. The parties will have an opportunity to present witnesses and other evidence.
i. The Respondent and the Complainant must notify the Assistant Vice President of any advisors and witnesses attending the hearing 5 (five) business days prior to the hearing.
ii. If the Respondent, the Complainant, or any witness fails to appear at the hearing, the matter will be resolved in their absence.
iii. Witnesses may be present at the hearing only at the time they are called to participate. A hearing will not be cancelled or postponed if a scheduled witness does not attend.
i. Any additional scheduling requests must be directed to the Assistant Vice President of Civic Involvement for determination.
d. Advisor: Each party may have one advisor with them during the hearing. The advisor does not have speaking privileges during the hearing, but the student may communicate with their advisor during the hearing if they choose.
i. A hearing will not be cancelled or postponed in the event an advisor does not attend.
ii. If the advisor is not able to attend, the Respondent or the Complainant should arrange for a substitute advisor.
e. The Assistant Vice President for Civic Involvement (or designee) will assemble a Sexual Misconduct Hearing Board of three trained staff members to hear the matter and will serve as the Chair. Each Sexual Misconduct Hearing Board will be composed of representatives of both genders.
f. The hearing officer or Chair of the Sexual Misconduct Hearing Board will exercise control over the manner in which the hearing is conducted to avoid unnecessarily lengthy hearings and to prevent the harassment or intimidation of witnesses.
i. This includes, but is not limited to, imposing reasonable limits on the number of factual witnesses that may participate.
ii. Questions by the parties should be directed to the panel, not to the opposing party. The Chair has the authority to limit, restrict or re-direct the parties’ questions to prevent harassment, intimidation or irrelevance.
iii. Anyone who disrupts a hearing or who fails to adhere to hearing procedures may be excluded from the proceeding.
g. Each Board member must indicate to the Assistant Vice President within three (3) days prior to the hearing whether they have knowledge of the participants in the case that may impair – or may be perceived to impair – their ability to hear and determine a case impartially, and to excuse themselves if their participation might compromise the integrity of the hearing process.
h. All hearings will be closed to the public.
i. Alternative Testimony: For all participating parties, alternative testimony options will be provided. Options include, placing a privacy screen in the hearing room, providing testimony from another room via conference phone or other options that provide a safe space for participation while not depriving any party of their rights in the process. While alternative testimony options are intended to help make one participating parties more comfortable, they are not intended to work to the disadvantage of the other participating party.
j. All hearings will be audio recorded. A digital file will be made available to the Complainant and/or Respondent student in the event a request for an appeal is filed.
k. Evidence Presented at the Hearing
i. Written statements of witnesses not in attendance may be considered by the Sexual Misconduct Board, if approved by the Chair.
ii. In making its adjudication the Sexual Misconduct Hearing Board will consider only the evidence admitted at the hearing and the admission of evidence will be within the discretion of the Chair. Only the information and evidence related to the alleged violations set forth in the formal complaint will be considered.
iii. Board members will be provided with access to the final investigative report, written information and evidence at least twenty-four (24) hours prior to the hearing. While board members may consider the investigators’ report and statements as evidence, the Sexual Misconduct Hearing Board Panel functions as an independent adjudicating body and will not be bound by any findings or credibility assessments made by the investigators.
iv. The Title IX Manager or designated investigator may be called as witness.
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m. Past Sexual History/Character : The past sexual history or sexual character of a student will not be admissible by the other party in investigatory interviews or hearings unless such information is determined to be highly relevant by the Title IX Manager or the Assistant Vice President of Civic Involvement. All such information sought to be admitted will be presumed irrelevant, and any request to overcome this presumption by the parties must be included in the complaint/response or a subsequent written request, and must be reviewed in advance of the hearing by the Assistant Vice President.
i. If, in the past, the Respondent student was found to have violated the Student Sexual Misconduct Policy, the information related to that past violation may be considered in the hearing if: (a) the previous violation was substantially similar to the present complaint; and (b) the previous violation indicates a pattern of behavior and substantial conformity with that pattern by the Respondent student.
o. Hearing Procedure: At the start of the hearing, the Chair will ask if the Respondent has received the original notice letter and understands the nature of the charges.
i. The Chair will present the notice letter along with the information obtained through the investigative process to the Sexual Misconduct Hearing Board, if applicable. The remainder of the hearing will customarily proceed in the following order:
a) Opening statement from the Complainant.
b) Opening statement from the Respondent.
c) Complainant and Respondent questioning of witnesses and parties (each witness will be questioned separately).
d) Board questioning of witnesses (each witness will be questioned separately then excused).
e) Board questioning of the Complainant and the Respondent.
f) Respondent’s responding statement.
g) Complainant’s responding statement.
h) Final questions from Board
i) Respondent student's closing statement.
j) Complainant's closing statement.
p. Deliberation: The Sexual Misconduct Hearing Board will deliberate in private and make an appropriate independent determination based on the information presented during the hearing.
i. The Sexual Misconduct Hearing Board will have up to ten (10) business days to render a decision.
ii. The Sexual Misconduct Hearing Board, by a unanimous decision, will determine whether or not the Respondent student violated the Sexual Misconduct and Harassment Policy.
iii. If a determination of “In violation” is rendered, the Sexual Misconduct Hearing Board will determine an appropriate sanction(s) consistent with those specified in the Rowan University Student Code of Conduct, “Standard Sanctions for Sexual Misconduct and Harassment Violations”
q. Notification: The Assistant Vice President will notify the Respondent and the Complainant simultaneously in writing of the decision. The Assistant Vice President will notify the Respondent and the Complainant simultaneously in writing of any change to the results prior to final imposition and the date of final imposition.
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Upon receiving notification of the outcome of a hearing conducted by the Sexual Misconduct Hearing Board or the outcome of the conclusion reached by the Administrative Hearing Officer, the Respondent or the Complainant may file an appeal under the following circumstances:
1) A procedural or substantive error occurred in the process that significantly impacted the outcome of the hearing (e.g. material deviation from university policy; substantial bias; the findings and decision are contrary to the great weight of the evidence);
2) New and significant information has become available which could not have been discovered by a properly diligent person before or during the hearing; or
3) The sanction is inappropriate in light of the violation.
If information is brought to the Vice President for Student Life and Dean of Students that merits an appeal under any of the reasons stated above, the Vice President or designee can also file an appeal request.
All appeals must be submitted within five (5) business days of the date on the letter informing the parties of the decision, unless extenuating circumstances (i.e., mental incapacity, hospitalization) impede the filing of the appeal. Appeals must be submitted in writing to the Assistant Vice President for Civic Involvement and should explain in detail the basis of the request, including any supporting documentation.
Upon receipt of the written appeal, the Assistant Vice President for Civic Involvement will defer the imposition of the sanction(s) pending the decision on the appeal. However, interim suspension, no contact order directives and other interim restrictions will remain in effect during the appeal process.
Cases adjudicated by the Sexual Misconduct Hearing Board will be forwarded to the Sexual Misconduct Appeals Board. All other cases will be forwarded to the Vice President for Student Life and Dean of Students or designee.
An appeal will be responded to within fifteen (15) business days and a final decision will be issued in writing either accepting or denying the appeal and giving the reasons for this decision.
The Sexual Misconduct Appeals Board:
1) The Assistant Vice President for Civic Involvement convenes the Sexual Misconduct Appeals Board. The Board is comprised of three members of the University's Administration (appointed by the Office of the President). Designees may be used in any of the positions. Each member must be in attendance for a quorum.
2) The Sexual Misconduct Appeals Board will review the written appeal and all documentation contained in the case file in a closed meeting. The decision to deny or uphold the appeal will be made by a simple majority vote. If an appeal is upheld based on procedural or substantive error or new information (reasons 1 or 2 above), the case will be remanded to the Sexual Misconduct Hearing Board for re-opening of the hearing. If an appeal is upheld based on disproportionate sanction (reasons 3), the Sexual Misconduct Appeals Board will render the appropriate sanction.
Normally, all Sexual Misconduct Appeals Board decisions are final and will be forwarded to the Office of Community Standards for immediate implementation. For cases involving an expulsion of a student, the Respondent, the Complainant, or the Vice President for Student Life and Dean of Students or designee (in Sexual Misconduct Hearing Board cases) may request that the University President's Chief of Staff review the decision of the Sexual Misconduct Appeals Board.
Chief of Staff Review: A request for review by the University President's Chief of Staff must be made within two (2) business days of the date on the letter informing the parties of the Sexual Misconduct Appeals Board decision. The request must be submitted in writing to the Office of Community Standards and must include clear and convincing reasons to change the decision of the Sexual Misconduct Appeals Board. The Chief of Staff may or may not elect to review a decision. The request for review will be responded to within 15 days by the Chief of Staff.
If the Chief of Staff elects to review the determination, the Chief of Staff shall only overturn the decision if the facts presented demonstrate that the Appeals Board’s determination was arbitrary and capricious. This means that the decision will be overturned only if the decision was invalid because it was made on unreasonable grounds or without consideration of the circumstances. When it is not possible for the Sexual Misconduct Appeals Board to meet within the established time, an appeal from Sexual Misconduct Hearing Board cases may be reviewed by the Vice President for Student Life and Dean of Students for final disposition.
The appeals process described above will be the final step in the discipline process and constitutes final university action.
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