Investigations

The investigation process

All investigations will be conducted in a thorough, reliable, impartial, prompt, and fair manner. Investigations involve interviews with all relevant parties and witnesses, obtaining available, relevant evidence, and identifying sources of expert information, as necessary.

All parties will be granted a full and fair opportunity, through the investigation process, to suggest witnesses and questions, to provide evidence and expert witnesses, and to review and respond to all evidence on the record.

Each interviewed party and witness will have the opportunity to review and verify the investigator’s summary notes (or transcript) of the relevant evidence/testimony from their respective interviews and meetings.

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First steps

Appointment of investigators: Once the decision to commence a formal investigation is made, the Title IX Coordinator appoints an investigator. In the selection and assignment process, the Title IX Coordinator will ensure no actual or apparent conflicts of interest or disqualifying biases.

Recording of interviews: No unauthorized audio or video recording of any kind will be permitted during investigation meetings. If investigators elect to audio and/or video record interviews, all involved parties will be informed of the need to record the interview. At all times, the investigator will obtain consent to audio and/or video recording before proceeding with recording an interview.

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Investigator duties and obligations

Investigators are required to do the following:

• Provide meeting participants with written notice of the date, time, and location of any meeting (including interviews and hearings), as well as the expected participants and purpose of the meeting.
• Notify the parties of any planned meeting or interview involving the other party.
• Interview all available, relevant witnesses and conduct follow-up interviews as necessary.
• Allow each party to suggest witnesses and questions they wish the investigators to ask of the other party and witnesses, and document in the report which questions were asked, and which were omitted and why, when applicable.
• During the investigation, communicate regularly with the parties to update them on the investigation’s progress and timing.
• Before the investigation’s conclusion, provide the parties and their respective advisors (if so desired by the parties) with a list of witnesses whose information will be used as evidence in determining if there was a policy violation.
• Prepare an investigation report that fairly summarizes the investigation and all witness interviews and addresses all relevant evidence. The report will include information/copies of all relevant physical or documentary evidence.
• Refrain from making any conclusions, engaging in any policy analysis, or submitting recommendations as part of the investigation report.
• Before the investigation concludes, provide the parties and, if requested, their respective advisors a secured electronic or hard copy of the draft investigation report.
  • The investigator will allow all parties to inspect and review all material obtained as part of the investigation directly related to alleged prohibited conduct.
• The parties will be granted 10 days to review and respond to the evidence. The parties may elect to waive the full 10 days.
• Each copy of the materials shared will be watermarked on each page with the role of the person receiving it (e.g., complainant, respondent, complainant’s advisor, or respondent’s advisor).
• Upon receipt of any submitted responses to the investigator’s report from the parties, the investigator may elect to respond in writing to the parties, or the investigator may share the responses between the parties to solicit additional responses.
• Incorporate relevant elements of the parties’ written responses into the final investigation report and include any additional relevant evidence based on those responses.
• Share the report with the Title IX Coordinator and assigned legal counsel, if applicable, for review and feedback before finalizing the report.
• Provide a copy of the report to all parties and their advisors through secure electronic transmission or hard copy at least 10 days before a hearing.

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Witness roles and obligations

Employees who are witnesses (as distinguished from the parties) in the investigation are required to cooperate and participate in the school’s investigation and resolution process. Failure of such witnesses to cooperate with and/or participate in the investigation or resolution process constitutes a violation of school policy and may warrant discipline.

Investigation interviews may be conducted in person or remotely via real-time electronic technologies. The school will take appropriate steps to reasonably ensure the security and privacy of remote interviews.

If deemed appropriate and acceptable by the investigators, witnesses may also provide written statements in lieu of interviews or choose to respond to written questions. Any submitted witness written statement will not be used as evidence if the witness is not present for cross-examination at the hearing.

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Recordkeeping

After issuance of the investigator’s written report, the investigation file, consisting of the investigation report and any evidence documented as relevant by the investigator, must be retained by the Title IX Coordinator. The investigation file will be made available to the parties for inspection upon request. it may be redacted to protect privacy.

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