4.4.8.6 : Investigation

After the notice of the formal complaint has been made, the Investigating Officer will commence an investigation as soon as practicable, after the formal complaint is made. During the course of the investigation, the Investigating Officer may receive counsel from University administrators, the University’s attorneys, or other parties as needed. Both the complainant and the respondent will be given periodic updates regarding the status of the investigation.

The parties will be given equal opportunity to inspect and review any evidence gathered during the investigation directly related to the allegations raised in the formal complaint, including inculpatory and exculpatory evidence. The Investigating Officer will send the evidence to the party and the party’s advisor in electronic form and give them at least 10 business days to submit a written response, which the Investigating Officer will consider before finalizing the investigation.

After the period for the parties to provide any written response to the evidence has expired, the Investigating Officer will complete a written investigation report that fairly summarizes the various steps taken during the investigation, summarizes the relevant evidence collected, lists material facts on which the parties agree, and lists material facts on which the parties do not agree. When the investigation report is complete, the Investigating Officer will transmit a copy to the Title IX Coordinator. The Investigating Officer will also transmit the investigation report to each party and their advisor, in either electronic or hard copy form. This report will be sent at least 10 business days prior to any hearing.

At any point in the investigation, if the Investigating Officer determines that the conduct alleged in the formal complaint, if assumed true: (a) does not constitute Sexual Harassment; (b) did not occur in the Institution’s Education Program or Activity; or (c) did not occur against a person in the United States, then the University will dismiss the complaint for purposes of this grievance procedure. However, the University reserves the right to address such conduct under another policy, such as a Student Code of Conduct.