/Institutions/Elon-University/json/2017-2018/Student-Handbook-local.json

/Institutions/Elon-University/json/2017-2018/Student-Handbook.json

Intake & Investigation

Reports against staff or faculty received by the Title IX Coordinator will be referred to the Vice President of Student Life, or designee, (if the complaint is made by a student) and/or the Director of Human Resources to be handled under the appropriate staff grievance policy in the Staff Manual or under the Faculty Grievance for Discrimination and Harassment policy in the Faculty Handbook.

Reports against students will be handled according to the following procedures:

Roles in Investigations:

Title IX Coordinator – The Title IX Coordinator is a full-time staff member trained in all aspect of Title IX and this policy and process. The Coordinator is responsible for overseeing the University’s education, prevention, and response to Sexual Misconduct, Interpersonal Violence, and Gender and/or Sex-based harassment and discrimination. The Title IX Coordinator receives reports, assigns investigators in conjunction with the Title IX Investigator, approves investigative determinations, and serves as the primary point of contact regarding Title IX at the University.

Deputy Title IX Coordinator – Deputy Title IX Coordinators are trained on Title IX and all aspects of this policy, and primarily fulfill other full time roles within the University. Deputy Coordinators are responsible for providing education, training, and intake of reports. Additionally, they serve in an advisory capacity to the Title IX Coordinator and Title IX Investigator on prevention, education, and policy development given their expertise from their primary full time roles.

Title IX Investigator –Title IX Investigator is a full-time staff member trained in Title IX, all aspects of this policy and process, serves as the primary investigator and/or team lead for all investigations under this policy. The Title IX Investigator can provide the following functions:

• Receives reports.
• Investigate reports of prohibited conduct under this policy, write reports, render findings, and determine outcomes.

Investigator – Trained on Title IX and all aspects of this policy, and primarily fulfill other full time roles within the University. Investigators will work closely with the Title IX Investigator and Title IX Coordinator ensuring consistency and adherence to policy. Investigators will also investigate reports of prohibited conduct under this policy, write reports, render findings, and determine outcomes.

 

Intake and Confidentiality:

            When a report of Sexual Misconduct, Interpersonal Violence, and/or Sex or Gender Based Harassment or Discrimination is filed, the Title IX Coordinator (or designee) will interview the Reporting Party and coordinate the University’s response. If the Reporting Party does not allege a violation of this policy, or if other resolution options are appropriate, or if a Reporting Party does not want to pursue further action, then the complaint will not move forward under this policy unless circumstances dictate that the University must take action. These instances will be considered on a case by case basis and the Reporting Party will be informed when their wishes cannot be upheld. The University reserves the right to pursue its own investigation when it has reason to believe the Responding Party is an eminent threat to the health and safety of the Reporting Party and/or the University Community.

            If the Reporting Party requests confidentiality or requests that a complaint not be pursued, the University will take all reasonable steps to investigate and/or respond to the reported prohibited conduct consistent with the request for confidentiality or request not to pursue an investigation.  If a Reporting Party insists that their own name or other identifiable information not be disclosed to the Responding Party, the University’s ability to respond may be limited.  While the University will work to ensure the Reporting Party’s privacy, in limited circumstances the University may have to override a student’s request for confidentiality in order to provide a safe and nondiscriminatory environment for the Reporting Party and the University community.  The Title IX Coordinator (or designee) will inform the Reporting Party of this when such a request is made. Regardless of a request for confidentiality, or that an investigation not be pursued, the University will still provide interim measures and resources to the Reporting Party. Title IX prohibits retaliation, and the University will not only take steps to prevent retaliation but also take a strong responsive action if retaliation occurs, even if a formal investigation is not pursued.

 

Timing of Investigations:

            If the Title IX Coordinator (or designee) determines that a full investigation is necessary, the University will conduct a prompt, fair, and impartial investigation. Investigations regarding potential violations of this policy are expected to be completed within 60 calendar days after the University has begun its investigation. Investigations may take longer in some circumstances, including but not limited to the complexity of the case, the number of parties involved, the availability and cooperation of parties and witnesses, the University calendar, or instances where the University investigation may compromise a law enforcement investigation. (Note: The University may delay its investigation to allow evidence collection by law enforcement, however, this policy and the processes herein are separate and distinct from any criminal investigation or legal proceeding.) Delays of the stated timeline and the reasoning behind such delays will be communicated in writing to the Reporting and Responding parties.

 

Advisor/Support Person:

            The Reporting and Responding party each may have an advisor or support person of their choosing present throughout the process. This person may be a friend, family member, faculty or staff member, or an attorney. The University has designated and trained individuals who may serve in this capacity and their information will be shared with both parties. The role of the advisor/support person is limited in scope. Reporting and Responding Parties are expected to ask and respond to questions each on their own behalves, and an advisor/support person may not answer for, speak for, or represent the advisee. The advisor/support person may consult with their advisee quietly or in writing, or outside the meeting during breaks. The Reporting and Responding parties should inform the investigative team in advance of any meeting if an advisor/support person will be present so they may make accommodations for the meeting location. To ensure timely completion of investigations, these processes and timeline will not be extended due to the unavailability of an advisor/support person. The University reserves the right to proceed with any meetings regardless of the availability of an advisor/support person.

 

Investigation and Resolution:

When the Responding Party is a student, and it is determined that a formal investigation is necessary, the Title IX Coordinator (or designee) will open a case file and the investigation will proceed as follows:

1. Determine the identity of the Reporting Party (if not already known), the Responding Party (if not already known), any witnesses, and contact information for all involved.
2. Specify prohibited conduct within this policy to have allegedly occurred.
3. Send a Notice of Investigation and Potential Violation to the Responding Party. (Reporting Party will receive a copy)
   1. Note: Notices will be sent via e-mail to recipients University provided e-mail address. Per University policy, it is expected that e-mail is checked consistently and in a timely manner.
4. Investigators will review statements obtained from all parties, conduct interviews with both the Reporting and Responding parties, conduct witness interviews, and identify, locate, and review other pertinent information.
   1. The Reporting and Responding Party will have the same opportunity to identify witnesses for the Investigators to interview. Investigators reserve the right to forgo interviewing a witness if it is determined that the person does not have information that is relevant to the investigation. Investigators will not interview character witnesses if they have no pertinent factual information about the incident.
   2. Both the Reporting and Responding parties may request that the Investigators ask certain questions of the parties and/or witnesses. Questioning of opposite parties and/or witnesses will not be done directly, but through the Investigators. Questions are to be provided to the Investigators who will determine whether the questions are pertinent to the investigation and, if appropriate, will ask them of the appropriate party and/or witness.  
5. At the conclusion of the investigation, and prior to rendering findings, the Investigators will provide the Reporting and Responding parties with a copy of their Investigative Report for review, questions, comments, and recommendations. In keeping with the timeliness of this process, both parties will be given 5 business days to provide their feedback, ask questions, etc. regarding this report. Failure to respond within this timeline forfeits the opportunity to address the report before a decision is rendered. 
6. Preponderance of Evidence is the standard of proof in which decisions will be made regarding violations of this policy. The standard of preponderance of evidence is defined as being more likely than not that a policy violation occurred.
7. Once both parties have provided feedback or the 5-day timeline has passed, whichever comes first, the Investigators will complete the full investigative report including feedback from the parties, findings based on the preponderance of evidence, and any sanctions (if applicable). The full report will be submitted to the Title IX Coordinator for review and approval within 3 business days unless other information arose during the review that requires further investigation. Should this occur, both the Reporting and Responding Party will be notified of the delay.
8. The Title IX Coordinator will inform the Reporting and Responding parties of the Investigator’s findings by issuing a Determination of Finding Letter to both parties concurrently. The Determination of Finding Letter will include the findings of fact, determination of policy violation, and sanctions (if applicable).
   1. If a Responding Party is found responsible for violating this policy, and regardless of whether the Responding Party accepts the findings, the report will be sent to the appropriate University official(s) for action on the sanctions. Implementation of those sanctions by University officials will be communicated back to the Title IX Coordinator.
9. The Reporting and Responding party have the right to appeal both the findings and sanctions (when applicable). For detailed information on the Appeal process, please see the Appeals section.

 

Responding Party’s Withdrawal or Decision Not to Participate in Investigation

            If the Responding Party withdraws from the University before the investigation and/or complaint resolution process have been concluded or the Responding Party chooses not to participate in the process, the Responding Party will still be informed that he or she is alleged to have violated University policy, that an investigation will be conducted, and that the resolution process will continue.

The Responding Party may respond in one of two ways: 1) participate in the investigation, or 2) Withdraw Pending a Hearing as outlined within the Student Handbook.

In situations where a Responding Party withdraws from the University without request and subsequent approval, a letter will be sent to the University Registrar indicating an investigation and determination are pending. The investigation and determination will continue, as much as it is able, despite the Responding Party’s absence. If the student attempts to re-enroll before the matter is resolved, the registrar will notify the Dean of Students. The matter must be fully resolved, including completion of sanctions, before the student is eligible to seek re-enrollment at the University.