Investigative Process Upon receipt of a formal complaint of allegations of sexual harassment, the college must initiate an investigation led by an impartial investigator whose purpose is to collect and summarize evidence. The person(s) investigating may not also serve as the Title IX coordinator or decision-maker. The college must ensure that the burden of proof and burden of gathering evidence sufficient to reach a determination lies on the college and not the parties involved. Parties must receive equal opportunity to present witnesses and evidence. Such evidence must be submitted to the investigator within ten (10) instructional days upon receipt of the Notice of Allegations. Written notice must be provided to a party when the party’s participation in a meeting with the investigator is invited or expected. The notice must include the date, time, and location of the meeting; the expected participants; the meeting’s purpose; and must allow up to three (3) instructional days, although this period may be shortened if mutually agreed upon by the parties. Investigators may record interviews with parties and witnesses. Such recordings may be included in the investigative report if relevant, either by transcription with irrelevant information redacted or by recording with irrelevant audio removed. The investigative process should be completed within approximately thirty (30) to forty-five (45) instructional days from receipt of the formal complaint. Circumstances may warrant additional time to complete the investigative process.
Review of Evidence Before an investigator issues a report, both parties must be allowed at least ten instructional days to (1) review evidence gathered during the investigation that is directly related to the allegations raised in the formal complaint and (2) submit a written response to the evidence. Investigators may but are not required to share such responses to the other party. Should the college discover additional evidence resulting from further investigation prompted by a party’s initial response to evidence, the required time of ten (10) instructional days must again be provided for a party to review and respond to the evidence. Notification of any such additional evidence for review shall be made to the parties in writing by an approved method of notification. Upon conclusion of the investigation, the investigator shall generate a written report within seven (7) instructional days unless this time is extended for an additional five (5) instructional days upon written notice to the parties with an explanation for the extension. Privileged information will not be provided, and treatment records of a party may only be provided to the other party with written consent.
Investigative Report The investigator(s) must create a report that fairly summarizes all relevant inculpatory and exculpatory evidence and distribute the report to the parties and their advisors at least ten (10) instructional days prior to the scheduled hearing. The investigative report should include a description of procedural steps taken during the investigation and a summary of evidence. Only evidence relevant to the allegations of sexual harassment shall be included in the investigative report. Prior sexual history is not deemed relevant (1) unless such questions and evidence about the complainant’s prior sexual behavior are offered to prove that someone other than the respondent committed the conduct alleged by the complainant, or (2) if the questions and evidence concern specific incidents of the complainant’s prior sexual behavior with respect to the respondent and are offered to prove consent. Parties may provide written responses to the investigative report, which shall be provided to the decisionmaker at least one instructional day in advance of the hearing.
