Investigation Procedures for the Title IX Sexual Harassment Policy

Investigations are ordinarily conducted by an independent law firm specializing in higher education and Title IX/Equity compliance. Investigators are assigned after it is confirmed that they do not have a conflict of interest with any of the parties that would prevent them from being impartial.

Upon receipt of a formal complaint, the OIE Director/Title IX Coordinator will provide to all known parties written notice of:

1. the appropriate grievance process;

2. the reported misconduct, including sufficient details known at the time and with sufficient time to prepare a response before any initial interview;

3. the College’s position that the Responding Party is presumed not responsible for the alleged conduct and that a determination regarding responsibility is made at the conclusion of the grievance process;

4. the parties right to have an advisor of their choice, who may be an attorney;

5. the parties right to inspect and review evidence; and

6. the College’s prohibition on knowingly making false statements or knowingly submitting false information during the grievance process.

The Investigator will conduct a fact-finding investigation that includes meeting separately with the Reporting Party, Responding Party, and pertinent witnesses; and reviewing and analyzing other relevant information. The College will not require, allow, rely upon, or otherwise use questions or evidence that constitute, or seek disclosure of, information protected under a legally recognized privilege, unless the person holding such privilege has waived the privilege. Information gathered during the investigation will be used to evaluate whether a policy violation has occurred. All individuals involved in the investigation, including the Reporting Party, the Responding Party, and any third-party witnesses, will be treated with respect. The investigator will manage the investigation professionally by complying with best practices for managing sensitive information privately.

If, in the course of an investigation, the College decides to investigate allegations about the Reporting Party or Responding Party that are not included in the initial notice, the College will provide notice of the additional allegations to the parties whose identities are known.

The College 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 or paraprofessional acting in the professional’s or 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 College obtains that party’s voluntary, written consent. Additionally, the College will not consider or provide for inspection and review evidence which the College knows was illegally or unlawfully created or obtained.

Upon receipt of a complaint, the Investigator will strive to complete the investigation and submit to the parties a draft investigation report within 30 business days. Upon receipt of the draft report, the parties will have ten (10) business days to review and respond to the investigator with any comments. The investigator will submit a final investigation report to the Title IX/Equity Coordinator within five (5) business days of receiving the parties’ comments unless further investigation is required. The final investigation report will be made available to the parties at least ten (10) days before the date of the hearing.