Dismissal of Charges If the allegations in a formal complaint do not meet the definitions of prohibited conduct under this policy the University will dismiss the complaint. In addition, the Title IX Coordinator may, but is not required to, dismiss formal complaints when the complainant withdraws the complaint, when the respondent is no longer enrolled or employed at the University or where specific circumstances prevent the University from gathering evidence (such as where the complainant refuses to cooperate but does not withdraw the complaint). Notice of dismissal of a formal complaint will be in writing and issued to both the Complainant and the Respondent. The Title IX Coordinator may determine at any point in the grievance process that facts have emerged that require the dismissal of formal complaint. The decision to dismiss or not to dismiss a charge under these circumstances will depend on the totality of the situation. Dismissal of a complaint under this policy does not preclude the University from addressing the allegations under other applicable University policies and procedures. In addition, nothing in this policy diminished rights available to students and employees under other University policies or state and federal laws. Investigation Procedures Where a formal complaint has been filed, the University will appoint an investigator to investigate the allegations in the formal complaint. The University may appoint any qualified investigator, who may be a person internal or external to the University. The University also may appoint more than one investigator in the University’s sole discretion. The investigation is an impartial fact-finding process. The University’s investigation may be temporarily delayed where there is a concurrent law enforcement investigation if necessary to avoid interference with the law enforcement investigation. Any such delay shall not exceed ten (10) days unless the law
enforcement agency requests and justifies a longer delay. Notice of Investigation The Complainant and Respondent shall receive a notice of investigation referencing the violation(s) of this policy alleged to have been committed and the range of possible disciplinary sanctions and remedies following any determination of responsibility. The notice of investigation will include, to the extent known: • the identities of the involved parties; • the date, time, location and factual allegations concerning the alleged violation; • the policy provisions allegedly violated; • a description of the investigation and
adjudication process; • potential sanctions;
• the right to an advisor of their choice, who may be, but is not required to be, an attorney; • their right to inspect and review evidence in accordance with this policy; • notice that knowingly making false statements or knowingly submitting false information is prohibited; and • that the Respondent is presumed not responsible for the alleged conduct and that a determination regarding responsibility is made at the conclusion of the process If, in the course of the investigation, the University decides to investigate allegations that are not included in the notice initially provided to the parties, the Title IX Coordinator or designee will provide notice of the additional allegations to the parties.
Notice of and Opportunity to Object to Investigator
The Complainant and Respondent will be provided with notice of the name of the appointed investigator and an opportunity of not more than three (3) days after the notice
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Hodges University Student Handbook
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