Where a complaint has been filed, and in the absence of an informal resolution, the Institute will appoint investigators to conduct an investigation into the allegations in the complaint. The investigation may be conducted by a single investigator or a team consisting of two members of the Title IX Investigation Team. In certain circumstances, the Title IX Coordinator may decide to assign external Investigator(s) or an external Investigator in conjunction with an internal Investigator. The investigation is an impartial fact-gathering process. All investigations are thorough, reliable, impartial, prompt, and fair. The investigation process generally includes interviewing the persons involved, including witnesses, and gathering and considering relevant evidence. The Complainant and Respondent will be given an equal opportunity to present separately information in the context of the investigation. The Investigators retain discretion to determine how to conduct the investigation and what information is necessary and relevant, subject to the direction of the Title IX Coordinator.
Once the decision to commence a formal investigation is made, the Title IX Coordinator will appoint a trained Investigator(s) to conduct the investigation. A party wishing to challenge the selection of the Investigator based on any alleged conflict of interest or bias known to the party must notify the Title IX Coordinator, in writing, within three business days of receipt of the name and contact information of the Investigator, stating the specific reason(s) for the party’s objection. The Title IX Coordinator will determine whether the challenge has merit, and reserves discretion to make changes to the individual assigned as the Investigator. No Investigator will have a conflict of interest or bias.
Allegations of Prohibited Conduct will normally be investigated within 30 business days from the issuance of the formal Notice of Allegation and Investigation, though some investigations may take more time depending on the nature and specific circumstances of the case, involvement of law enforcement, and/or availability of witnesses. This timeframe may be paused if the parties enter into Informal Resolution. The Institute will make a good faith effort to complete investigations as promptly as possible and will communicate regularly with the parties to update them on progress, timing of the investigation and delay for good cause, if necessary.
During the investigation, the Institute has the burden of proof and the burden of gathering evidence sufficient to reach a determination regarding responsibility. While the Complainant and the Respondent are not restricted from gathering and presenting relevant evidence, the Investigator is responsible for gathering relevant evidence to the extent reasonably possible.
The Investigator may decline to interview any witness or to gather information the Investigator finds to be not relevant or otherwise impermissible. The following types of evidence will be excluded as impermissible (even if otherwise relevant):
- Evidence that is protected under a privilege recognized by federal, state, or local law, unless the person to whom the privilege or confidentiality is owed has voluntarily waived the privilege or confidentiality;
- A party’s or witness’s records that are made or maintained by a physician, psychologist, or other recognized professional or paraprofessional in connection with the provision of treatment to the party or witness, unless the Institute obtains that party’s or witness’s voluntary, written consent for use in its investigation and adjudication procedures; and
- Evidence that relates to the Complainant’s sexual interests or prior sexual conduct, unless evidence about the complainant’s prior sexual conduct is offered to prove that someone other than the respondent committed the alleged conduct or is evidence about specific incidents of the Complainant’s prior sexual conduct with the respondent that is offered to prove consent.
The Investigator retains discretion to determine the order and method of investigation, witnesses as unnecessary or inappropriate, and to determine what evidence is relevant. Generally, the Institute does not provide for character witnesses in other proceedings, and they will not be permitted in investigations and the grievance processes conducted pursuant to this Policy. Information will be obtained from each party separately. An investigation usually involves the following steps and expectations:
- Interviews of the Complainant and Respondent (e.g., Parties), including witnesses, and conduct follow-up interviews with each, as necessary. A good faith effort is made to interview all parties.
- The Complainant and Respondent will be permitted to have an advisor of their choice, who may be, but is not required to be, an attorney, attend any investigatory interview/meeting with them (at the party’s own expense if the advisor is a paid advisor). Additional attendees may be permitted at the discretion of the Title IX Coordinator in connection with an approved disability-related accommodation. All persons present at any time during any part of the investigation or resolution process are
expected to maintain the privacy of the proceedings and not discuss or otherwise share any information learned as part of the resolution process and may be subject to further Institute discipline for failure to do so. - Gathering and reviewing relevant evidence. The parties will be given an equal opportunity to present information in the context of the investigation, such as documents, communications, photographs, and other evidence, and the opportunity to suggest fact and expert witnesses and other inculpatory or exculpatory evidence. Parties and witnesses are expected to provide all available relevant evidence to the Investigator during the investigation. If relevant evidence is destroyed by a party, the Decision Maker(s) can take that into account in assessing the credibility of the parties and the weight of evidence in the case.
- Parties whose participation is invited or expected at an investigative interview or other meeting will be provided written notice of the date, time, location, participants, and purpose of said event. Typically, Institute employees (who are not a Complainant) are required to participate in an investigation.
- Provide each interviewed party and witness an opportunity to review and verify the Investigator’s summary notes (or transcript or recording) of the relevant evidence/testimony from their respective interviews and meetings.
