circumstances under which it precludes the parties from resuming a formal complaint arising from the same allegations; (3) that at any time prior to agreeing to a resolution, any party has the right to withdraw from the informal resolution process and resume the grievance process with respect to the formal complaint; and (4) any consequences resulting from participating in the informal resolution process, including the records that will be maintained or could be shared. Both parties must give voluntary, informed written consent to participate in the informal resolution process. To reach an informal resolution, the Title IX Coordinator (or designee) will speak with both parties and any appropriate witnesses to explore what actions and supportive measures can be agreed upon. If a satisfactory resolution is reached through this informal conversation, the resolution will be documented and signed by both parties. If both parties sign the resolution, they may not then pursue the formal resolution process, which includes the investigation, hearing, and appeals processes described below. If these efforts are unsuccessful or if the complainant or respondent do not accept the informal resolution, the formal resolution process may commence. Either party (complainant or respondent) may stop the informal process at any time and request that the complaint be handled through the formal process. The complainant may request to end the informal or formal process at any time prior to a determination. . Investigation: One of the Title IX Investigators will conduct the investigation on behalf of the Bible Institute. The burden of proof and the burden of gathering evidence sufficient to reach a determination regarding responsibility rest on the Bible Institute and not on the parties. However, both parties must have the opportunity to present witnesses, including fact and expert witnesses, and other inculpatory and exculpatory evidence to the Investigator. The Investigator cannot access, consider, disclose, or otherwise use a party’s records that are made or maintained by a physician, psychiatrist, psychologist, or other recognized professional which are made and maintained in connection with the provision of treatment to the party, unless the Investigator obtains that party’s voluntary, written consent to do so for the grievance process. . Sharing of Evidence: During the investigation, the complainant and respondent will be provided with copies of or allowed to inspect all evidence collected. Either party may submit responses to the evidence to the Investigator or may submit any additional evidence contradicting or corroborating the evidence collected by the Investigator. . Preliminary Investigative Report: The Investigator will prepare an investigative report that fairly summarizes the relevant evidence. At the conclusion of the investigation, the Investigator will provide the complainant and respondent and their advisors with a copy of the preliminary investigative report allowing a 10-day response period for both parties to review and respond to the report. . Final Investigative Report: Once this 10-day response period is concluded, the investigator will review any responses received and finalize the report. The complainant, the respondent and their advisors will simultaneously receive a copy of this written report at least 10 days in advance of the scheduled hearing. . Advisors: Both the complainant and the respondent have the right to have an advisor present during all phases of the investigation and hearing. The advisor can be, but is not required to be, an attorney. If a party does not have an advisor for the live hearing, the Bible Institute will appoint an advisor of its choice without fee or charge to that party, who may be, but is not required to be, an attorney, to represent the party during the hearing. . Police Investigations: The Investigator will investigate the complaint independent of any external law enforcement investigations that may be ongoing. Investigators may need to postpone the investigation until law enforcement has concluded the evidence gathering portion of their investigation but will resume the investigation as quickly as possible.
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