Handbook of Operating Procedures

APPENDIX A

Procedures for Investigations of Alleged Sexual Misconduct 

1. The Title IX Coordinator will appoint one or more individuals to handle investigations arising from a complaint related to this policy. 
2. As part of the investigation process, the respondent shall be provided with a copy of the complaint and allowed 14 calendar days to respond in writing.  Upon request, the complainant may obtain a copy of the respondent’s written response.
3. The complainant and the respondent may present any evidence that is believed to be relevant to the complaint.
4. Persons thought to have information relevant to the complaint will be interviewed, and these interviews will be documented.  University community members have a duty to participate in these investigations. 
5. The investigation of a complaint will be concluded as soon as possible after receipt of the written complaint or other notice.   For investigations exceeding 60 calendar days, a justification for the delay will be presented to and reviewed by the Title IX Coordinator.
6. Upon completion of the investigation, the appointed investigator(s) will issue a written report to the Title IX Coordinator.  The report shall include a summary of the investigation and the facts discovered during the investigation.
7. Within 7 calendar days after receiving the report, the Title IX Coordinator will review the report, using a preponderance of the evidence standard, and will take one of the following actions:  (1) request further investigation into the complaint; (2) issue a determination that the results of the completed investigation are inconclusive or that there is not a preponderance of the evidence; or (3) issue a determination that this policy was violated. 
8. The complainant and the respondent shall be informed in writing of the Title IX Coordinator’s decision and be provided a summary of the investigation and the facts discovered during the investigation.  If a complaint involves a student(s), the parties will receive this information as permitted by the Family Education Rights and Privacy Act.
9. Both parties shall be afforded an opportunity to appeal the decision made pursuant to Paragraph 7 above.  The appeal must be directed as specified in the Title IX Coordinator’s decision notice.  The appeal shall be limited to review of the investigation report, related documents, and any written appeal statements.  The written statement of appeal must be submitted to the appropriate office no later than 7 calendar days after receipt of the Title IX Coordinator’s decision.  A copy of the written statement of appeal shall be provided to the non-appealing party, who shall have an additional 7 calendar days in which to file a written response.  The appropriate office will respond within 21 calendar days from receipt of a response from the non-appealing party or from the expiration of the deadline for the non-appealing party to respond, whichever is applicable. The decision of the appropriate office is final.
10. If the Title IX Coordinator determines that the sexual misconduct policy was violated, and that decision is not overturned on appeal, he or she will refer the matter for disciplinary action in accordance with the applicable disciplinary procedures.  Disciplinary actions may include, but are not limited to, written reprimands, the imposition of conditions, reassignment, suspension, termination or dismissal. 
11. Implementation of disciplinary action against employees will be handled in accordance with the applicable university policy and procedures, which may include HOOP 44, Faculty Reappointment and Non-Reappointment, HOOP 133, Faculty Termination, HOOP 153, Termination of Appointment: Administrative and Professional and/or HOOP 187, Discipline and Dismissal of Classified Employees. 
12. Implementation of disciplinary action against a student will be handled in accordance with the university’s student disciplinary procedures, as outlined in HOOP 186 Student Conduct and Discipline.  The Title IX Coordinator will serve in place of the Dean in any student disciplinary hearing under this policy.