POWER-BASED VIOLENCE/SEXUAL MISCONDUCT
INVESTIGATION AND DISCIPLINARY PROCEEDINGS (UNIVERSITY)
INVESTIGATION鈥&苍产蝉辫;
NOTICE鈥&苍产蝉辫;
Upon receipt of a Formal Complaint, the institution must鈥痯rovide鈥痺ritten notice of
the following to known parties:鈥
鈥
The investigation and鈥痑djudication鈥痯rocess, including any informal鈥痯rocesses;鈥
- Allegations of sexual harassment, including sufficient details known at the time.鈥疭ufficient
details include the identities of the parties involved in the incident, if鈥痥nown,
the conduct鈥痑llegedly constituting鈥痵exual harassment, and the date and鈥痩ocation of
the alleged incident, if鈥痥nown;鈥
- A statement that the Respondent is presumed not responsible for the alleged鈥痗onduct
and that a determination鈥痳egarding鈥痳esponsibility is made at the conclusion of鈥 the
grievance鈥痯rocess;鈥
- The parties may have an advisor of their choice, who may be, but is not鈥痳equired鈥痶o
be, an鈥痑ttorney;鈥
- The parties may inspect and review鈥痚vidence;鈥
- The parties are prohibited from knowingly making false statements or knowingly鈥痵ubmitting鈥痜alse
information during the investigation and鈥痑djudication鈥痯rocess; and鈥
- If the institution decides to investigate鈥痑dditional鈥痑llegations not included in the
original notice, it must鈥痯rovide鈥痭otice of the鈥痑dditional鈥痑llegations to the parties
whose identities are known.鈥
鈥
INVESTIGATION PROCEDURE鈥
鈥The Title IX Coordinator shall appoint an Investigator to investigate the allegations
documented in the Formal Complaint. The investigation may include, among other steps,
interviewing the Complainant, the Respondent, and any witnesses; reviewing law enforcement
investigation documents if applicable; reviewing relevant student or employment files;
and gathering and examining other relevant documents, social media posts, and other
evidence.鈥
鈥
The Investigator will鈥痑ttempt鈥痶o collect all relevant information and evidence. Following
the investigation, the Investigator will draft an investigation report鈥痵uccinctly鈥痙escribing
all collected information. The Investigator will not make any determination as to
whether a policy violation has occurred or recommend potential sanctions.鈥
鈥
While investigating the allegations of any Formal Complaint of sexual harassment,
the Investigator will conduct an objective evaluation of all relevant evidence. Relevant
evidence is any evidence that may tend to make the allegations at issue more or less
likely to be true. (See 搂106.45(b)(1)(ii).)鈥
鈥
In assessing allegations of sexual harassment, institution鈥檚 policies must鈥痵tate鈥痺hether
the standard of evidence to be used to鈥痙etermine鈥痳esponsibility is the鈥痯reponderance鈥痮f
the evidence standard or the clear and convincing evidence standard, apply the same
standard of evidence for Formal Complaints against students as for Formal Complaints
against employees, including faculty, and apply the same standard of evidence to all
Formal Complaints of sexual harassment.鈥
鈥
When investigating a Formal Complaint and throughout the investigation and鈥痑djudication鈥痯rocess,
the university must:鈥
鈥
- Ensure that the burden of proof and the burden of gathering evidence sufficient to
reach a determination鈥痳egarding鈥痳esponsibility rest on the institution and not on
the鈥痯arties;鈥
- Provide鈥痑n equal opportunity for the parties to present witnesses, including fact
and expert witnesses, and other inculpatory and exculpatory鈥痚vidence;鈥
- 鈥Not鈥痳estrict鈥痶he ability of either party to discuss the allegations under investigation
or to gather and present relevant鈥痚vidence;鈥
- 鈥Provide the parties with the same opportunities to have others present during any
investigation or鈥痑djudication鈥痯roceeding, including the opportunity to be accompanied
to any related meeting or proceeding by the advisor of their choice, who may be, but
is not required to be, an attorney, and not limit the choice or presence of advisor
for either the Complainant or Respondent in any meeting or grievance proceeding; however,
the institution may establish restrictions regarding the extent to which an advisor
may participate in the proceedings, as long as the restrictions apply equally to both
parties鈥 advisors;鈥
- 鈥Provide written notice to each party of the date, time, location, participants, and
purposes of each Formal Grievance Process meeting in which they are invited to鈥痯articipate,鈥痺ith
sufficient time for the party to prepare to鈥痯articipate;鈥
- Provide both parties an equal opportunity to inspect and review any evidence obtained
as part of the investigation that is directly related to the allegations raised in
a Formal Complaint, including the evidence upon which the institution does not intend
to rely in reaching a determination regarding responsibility and inculpatory or exculpatory
evidence whether obtained from a party or other source, so that each party can meaningfully
respond to the evidence prior to the conclusion of the investigation.鈥
- 鈥Prior to completion of the investigative report, the institution must send the report鈥痶o
each party and the party鈥檚 advisor, if any, the evidence subject to inspection and鈥痳eview
in an electronic format or a hard copy, and the parties must have at least鈥10鈥痙ays鈥痶o鈥痵ubmit鈥痑
written response, which the investigator will consider prior to鈥痗ompletion of the
investigative report.鈥
- 鈥The institution must make available at any hearing all such evidence subject to the鈥痯arties鈥
inspection and review, to give each party equal opportunity to refer to such鈥痚vidence
during the hearing, including for purposes of cross-examination; and鈥
- 鈥Create an investigative report that fairly summarizes relevant evidence and, at least鈥10
days鈥痯rior to the hearing, send to each party and each party鈥檚 advisor, if any, the
investigative report in an electronic format or a hard copy, for their review and
written response.鈥
鈥
HEARINGS鈥
鈥The university鈥痬ust鈥痯rovide for鈥痑 live hearing. An Adjudicator will consider鈥痑ll鈥痶he
evidence presented and鈥痙etermine鈥痺hether a Respondent鈥痠s responsible for鈥痑 violation
of this protocol. The Adjudicator will not be the same person as the Title IX Coordinator
or the investigator. Cases will be鈥痑djudicated鈥痓y a trained third-party Adjudicator.鈥
鈥
At the request of either party, an institution must鈥痯rovide for鈥痶he live hearing to
occur with the parties鈥痩ocated鈥痠n separate rooms, with technology enabling the Adjudicator
and parties to simultaneously see and hear the party or the witness answering questions.鈥疶he
university鈥痺ill create a transcript or recording (audio or audiovisual) of any adjudicative
hearing to be made available to the parties for inspection and review鈥痯ursuant to鈥疐ERPA
(Family Educational Rights & Privacy Act).鈥
鈥
At the live hearing, the Adjudicator must鈥痯ermit鈥痚ach party's advisor to ask the other
party and any witnesses all relevant questions and follow-up questions, including
those challenging credibility. Cross-examination at the live hearing must be conducted
directly, orally, and in real time by the party鈥檚 advisor of choice and never by a
party personally. (106.45(b)(6)(i).) Only relevant cross-examination and other questions
may be asked of a party or witness. Advisors may be present solely to advise or support
the party and are prohibited from speaking directly to the Investigator,鈥疉djudicator,
other parties, or witnesses during the hearing, except for conducting cross examination.鈥
鈥
Before a Complainant, Respondent, or witness answers a cross-examination or other
question, the decision maker(s) must first鈥痙etermine鈥痺hether the question is relevant
and鈥痚xplain any decision to exclude a question as not relevant. If a party does not
have an advisor present at the live hearing, the institution must provide, without
fee or charge to that party, an advisor of the institution鈥檚 choice, who may be, but
is not鈥痳equired鈥痶o be, an attorney, to conduct cross-examination on behalf of that
party.鈥
鈥
Questions and evidence about the Complainant鈥檚 sexual predisposition or prior sexual
behavior are not relevant, unless such questions and evidence about the Complainant鈥檚
prior sexual behavior are offered to prove that someone other than the Respondent
committed the conduct alleged by the Complainant, or if the questions and evidence
concern specific incidents of the Complainant鈥檚 prior sexual behavior with respect
to the Respondent and are offered to prove consent.鈥
鈥
If a party or witness does not鈥痵ubmit鈥痶o cross-examination at the live hearing, the
decision maker(s) must not rely on any statement of that party or witness in reaching
a determination鈥痳egarding鈥痳esponsibility provided, however, that the decision-maker(s)
cannot draw an inference about the determination鈥痳egarding鈥痳esponsibility based solely
on a party's or witness's absence from the live hearing or refusal to answer cross-examination
or other questions.鈥
鈥
Live hearings may be conducted with all parties physically present in the same geographic
location or, at the institution鈥檚 discretion, any or all parties, witnesses, and other
participants appearing at the live hearing virtually, with technology enabling participants
simultaneously to see and hear each other.鈥
鈥
The university鈥痬ust create an audio or audiovisual recording, or transcript, of any
live hearing and make it available to the parties for inspection and review.鈥
鈥
鈥DETERMINATION REGARDING RESPONSIBILITY鈥
鈥The鈥疉djudicator,鈥痬ust issue, simultaneously to both parties, a written determination鈥痳egarding鈥痳esponsibility,
which must include:鈥
鈥
- Identification of the allegations potentially constituting sexual鈥痟arassment;鈥
- A description of the procedural steps taken from receipt of the Formal Complaint through
the determination, including any notifications to the parties, interviews with parties
and witnesses, site visits, methods used to gather other evidence, and hearings鈥痟eld;鈥
- Findings of fact supporting the鈥痙etermination;鈥
- Conclusions鈥痳egarding鈥痶he application of the institution鈥檚 policy to the鈥痜acts;鈥
- A statement of, and rationale for, the result as to each allegation, including a determination鈥痳egarding鈥痳esponsibility,
any sanctions the institution will impose on the Respondent, and whether remedies
designed to restore or preserve equal access to the education program or activity
will be provided to the Complainant; and鈥
- Procedures and permissible bases for parties to appeal.鈥
鈥The determination鈥痳egarding鈥痳esponsibility becomes final either on the date that the
recipient provides the parties with the written determination of the result of the
appeal, if an appeal is filed or, if an appeal is not filed, the date on which an
appeal would no longer be considered鈥痶imely.鈥
鈥
SANCTIONS鈥
鈥Description in鈥痳ange of sanctions for employees and students.鈥
鈥
Factors considered when鈥痙etermining鈥痑 sanction/responsive action may include, but
are not limited to:鈥
- The nature, severity of, and circumstances surrounding the violation(s)鈥
- The Respondent鈥檚 disciplinary history鈥
- Previous鈥痑llegations or allegations involving similar conduct鈥
- The need for sanctions/responsive actions to bring an end to鈥痶he discrimination, harassment,
and/or retaliation鈥
- The need for sanctions/responsive actions to prevent the future recurrence of discrimination,
harassment, and/or retaliation鈥
- The need to remedy the effects of鈥痙iscrimination, harassment, and/or retaliation on
the Complainant and the community鈥
- The impact on the parties鈥
- Any other information鈥痙eemed鈥痳elevant by the Decision Makers鈥
鈥
Sanctions will be implemented as soon as is possible, either upon the outcome of any
appeal or the鈥痚xpiration鈥痮f the window to appeal without an appeal being鈥痳equested.鈥
The sanctions described in these procedures are not exclusive of, and may be in addition
to, other actions taken, or sanctions imposed by external authorities.鈥
鈥
Student Sanctions鈥
鈥The following are the usual sanctions that may be imposed upon students鈥痵ingly鈥痮r
in combination: See the 麻豆影视 (麻豆影视) Student Handbook for a complete
listing and more detailed description of all鈥痯ossible sanctions.鈥
鈥
- Reprimand: A written letter/expression or oral expression statement that the conduct
was unacceptable and a warning that further violation of any University policy, procedure,
or directive will result in more severe sanctions/responsive actions.鈥
- Discretionary Censures: Censures that may include but are not limited to parental
notification, letter of apology, conflict resolution sessions, and university programming.鈥
- Required Education Counseling: A mandate to meet with and engage in either University-sponsored
or external counseling to better鈥痗omprehend鈥痶he misconduct and its effects.鈥
- Suspension: This suspension is for a specified鈥痯eriod of time,鈥痑nd the student or
the student organization may apply for readmission to the University after鈥痚xpiration鈥痮f
the specified period. During this period of suspension, the student is banned from
the University. A notation will be placed on the student鈥檚 transcript 鈥淪tudent is
eligible to return (semester) (year)鈥 when a student is suspended for disciplinary
reasons for a specified鈥痯eriod of time.鈥疶he transcript鈥痠ndicates鈥痺hich semester the
student will be eligible to return.鈥
- Permanent Dismissal from the University and Banned from the University. A notation
will be placed on a student鈥檚 transcript 鈥淪tudent is ineligible to enroll,鈥 when the
student is permanently dismissed from the university for disciplinary reasons.鈥
鈥
鈥 Employee Sanctions鈥&苍产蝉辫;
鈥
- Responsive actions for an employee who has engaged in harassment, discrimination,
and/or retaliation include:鈥
- Warning 鈥 Verbal or Written鈥
- Performance Improvement/Management Process鈥
- Required Counseling鈥
- Required Training or鈥疎ducation鈥
- 笔谤辞产补迟颈辞苍鈥
- Loss of Annual Pay Increase鈥
- Loss of Oversight or Supervisory Responsibility鈥
- 顿别尘辞迟颈辞苍鈥
- Suspension with Pay鈥
- Suspension Without Pay鈥
- 罢别谤尘颈苍补迟颈辞苍鈥
- Other Actions: In addition to or in place of the above sanctions, the University may
assign any other sanctions as鈥痙eemed鈥痑ppropriate.鈥
