Investigation

1. General Rules for Investigations

a. An Investigator designated by the Title IX Coordinator will promptly investigate the conduct alleged in a Formal Complaint following the issuance of the Notice of Allegations. 

b. The University, and not the Parties, has the burden of proof and the burden of gathering evidence to establish that a violation of the Title IX Policy has occurred. 

c. Either or both Parties may elect not participate in an investigation or Live Hearing, and such election may not be construed as indicating responsibility for a violation of the Title IX Policy. 

d. The University cannot access, consider, or disclose medical records without a waiver from the person to whom the records belong. 

2. Inspection and Review of Relevant Evidence 

a. Prior to the completion of the investigation, the Parties will have an equal opportunity to inspect and review relevant evidence obtained in the investigation. The purpose of this inspection and review is to provide the Parties with an equal opportunity to meaningfully respond to the evidence prior to conclusion of the investigation. 

i. The Investigator will advise the Parties that they must submit any evidence they would like considered in the Investigation prior to the Inspection and Review of Evidence described in this subparagraph. 

ii. Evidence available for inspection and review by the parties consists of all evidence directly related to the allegations raised in the Formal Complaint. It will include any: 

a) Evidence that is relevant, even if that evidence does not end up being relied upon by the University in making a determination regarding responsibility; and 

b) Evidence that may tend to prove or disprove the allegations in the Formal Complaint. 

iii. The Investigator will make the evidence available to the Parties and each Party’s Advisor, if requested, for inspection and review through a reasonable format determined in the discretion of the Title IX Coordinator or designee. 

b. The Parties will have ten (10) business days to inspect and review the evidence and submit a written response by email to the Investigator. The investigator will consider the Parties’ written responses before completing the Investigation Report. The Investigator will provide copies of the Parties’ written responses to Inspection and Review of Evidence to the other Party or Parties and their Advisors. 

c. Evidence obtained in the investigation that is determined in the reasoned judgment of the Investigator not to be directly related to the allegations in the Formal Complaint will not be disclosed to the Party or Parties. Evidence obtained in the investigation that is kept from disclosure will be documented in a “privilege log” that the Parties and their advisors, if any, may request to review. 

4. Investigative Report

a. The Investigator, will draft an Investigative Report that fairly summarizes the relevant evidence. 

b. The Investigation Report is not intended to catalog all evidence obtained by the investigator, but only to provide a fair summary of that evidence. 

c. The Investigation Report will include only relevant evidence. 

d. The Investigation Report will include both evidence that tends to prove a violation of the Title IX Policy and evidence that tends to disprove the allegation that a violation occurred. 

e. The Investigator may redact irrelevant information from the Investigation Report when that information is contained in documents or evidence that is/are otherwise relevant.