Investigative Resolution Process

NOTE: Throughout the investigative process, 1). an advisor of choice may accompany, support, and advise each party; 2). a report to law enforcement may be made at any point; and 3). resources and support will be made available.

1. Investigative Process

• To commence the investigative process:
  • Notice of Investigation will be sent to the complainant and respondent by the AVP of Equity or designee.
  • Investigator(s) will conduct a prompt, thorough, fair, and impartial investigation Both parties will have an equal opportunity to be heard, to submit evidence and to identify witnesses.
• At the conclusion of the investigative process: Investigator will prepare a Preliminary Investigative Report summarizing the information gathered for review and response by each party.

2. Determination

Investigator will consider responses to the Preliminary Investigative Report and will write a Final Investigative Report with a determination on responsibility. The Final Report will be shared with the Respondent.

3. Review Appeal of Finding(s)

A Respondent may contest the finding(s):

• Student Respondents - the finding and/or sanction
• Employee Respondents - the finding

4. Final Outcome

Next steps for contested finding(s) and/or sanction:

The grounds for appeal of a finding of responsibility are:

• that the finding was arbitrary or capricious;
• that there was a material procedural error that substantially impacted the outcome. If a student Respondent believes the sanctions imposed are not appropriate for the violation, he or she may file an appeal; or
• there is new evidence that was not reasonably available and that could substantially impact the outcome. An Appeal Officer can affirm, nullify or modify the finding, or take other action as deemed appropriate at his/her discretion.

The decision of the designated decision-maker regarding an appeal of sanctions constitutes the University’s final decision on the matter.