Investigations will include interviews with all relevant parties and witnesses; endeavor to obtain available, relevant documents and evidence; and identify sources of expert information, as necessary. Good faith effort will be made to conclude the investigation within a reasonable time. If a party refuses to participate in the investigatory process, the investigator will make their findings based upon the information available to them. All parties will be provided with full and fair opportunity, throughout the investigatory process, to suggest witnesses and questions, to provide evidence and expert witnesses, and to fully review and respond to all evidence on the record. The TIXC will make good faith efforts to notify the parties of any meeting or interview involving the other party, in advance when possible. In the event that a report or Complaint is also the subject of a separate, external criminal investigation, the College will continue to make good faith efforts to investigate the alleged conduct and take action to address the effects of Prohibited Conduct at its campuses/centers or in the work or educational environment. Prior to the conclusion of the investigation, the parties and their respective Advisors (if so desired by the parties) will be provided a secured electronic or hard copy of the draft investigation report, as well as an opportunity to inspect and review all of the directly related evidence obtained for a ten (10)business day, or less, review and comment period so that each party may meaningfully respond to the evidence. The Investigator will incorporate any relevant feedback, and the final report will then be shared with all parties and their Advisors through secure electronic transmission or hard copy at least ten (10) business days prior to a hearing. The parties are also provided with a file of any directly related evidence that was not included in the report. The Investigator(s) should document all rationales for any changes made after the review and comment period. Once the final investigation report is shared with the parties, the Title IX Coordinator will refer the matter for a hearing. The hearing cannot be held less than ten (10) business days from the conclusion of the investigation, unless all parties and the Hearing Decision-Maker agree to an expedited timeline. The Title IX Coordinator will select an appropriate Hearing Decision-Maker or Hearing Panel from the trained pool (Section: XII: E.1) and provide a copy of the investigation report. E. Live Hearing Board (LHB) 1. Membership a. Each Live Hearing Board (LHB) will be comprised by a single Hearing Decision- Maker or a three-member (3) Hearing Panel, selected from a pool of trained potential hearing board members at the discretion of the TIXC. If a single Hearing Decision-Maker is selected, the Hearing Decision-Maker will also serve as the Hearing Chair. If a three-member Hearing Panel is chosen, one (1) of the three (3) members of the panel will be appointed as Hearing Chair by the TIXC.
19
Made with FlippingBook Annual report maker