Allegations of a violation of the Student Conduct Code (Article IV, Section E, Number 48 Sexual Misconduct) by a student or violation of the Employee Handbook (Section 4.3.9 Sexual Misconduct) by an employee must be referred to the Title IX Coordinator/Associate Title IX Coordinator who will review the allegations (preliminary investigation).
If the preliminary investigation determines that there is a reasonable cause to believe that a policy may have been violated, the Title IX Coordinator/Associate Title IX Coordinator or his/her designee will meet with the reporting party(ies) and responding party(ies) to inform them of the process and their rights and responsibilities.
The Title IX Coordinator/Associate Title IX Coordinator will assign investigators. An Assistant Coordinator may serve as an investigator. However, any Assistant Coordinator or Investigator who is a member of the Athletic Department may not assume an investigative or coordinator role if an athlete, coach, or athletic support staff is a reporting party or responding party.
Responsibilities of Investigators
A Title IX Coordinator/Investigator has the responsibility and authority to accomplish the following:
- Investigate the allegations of a violation of the Sexual Misconduct policy.
- Regularly communicate to the Title IX Coordinator (Associate Title IX Coordinator) the investigation progress, the findings, and any imposed sanctions.
- Using the standard of a preponderance of evidence (more likely than not that a violation has occurred), reach one of the following conclusions:
- no violation of policy has occurred,
- a violation(s) of policy has occurred, or
- no finding (not enough evidence to reach a decision)
- If the findings conclude that a violation of policy has occurred, the Investigators will determine the sanction(s) for the responding party per the appropriate University policy (see “Sanctions and Retaliation”). The responding party may accept the finding and/or sanction(s) or request a meeting before the Title IX Coordinator/Associate Title IX Coordinator who has the authority to uphold the investigator’s decision, require further investigation, set aside the finding, or modify the sanction(s).
- Both the reporting party and the responding party may submit an appeal to the appropriate Request for Appeal Administrator (RFA-A).