Once a formal complaint is filed or when the College has official notice of an incident,
a campus investigation will begin. If a law enforcement investigation is also occurring,
the campus investigation may temporarily be placed on hold if it could jeopardize
the criminal investigation process. The campus investigation and resolution process
will not wait for the outcome of a criminal proceeding since the campus policy, possible
outcomes, and standard of proof are different than the criminal and legal standards.
If the incident also appears to be a violation of the law, you may request that the
police and the College take a formal report together to promote a more efficient process
for you; however, please be aware that the standards and outcomes of a campus disciplinary
process and the criminal process are different and this may not always be possible.
Investigations where students are alleged of misconduct are typically conducted by
the Student Conduct Officer. The Dean of Students may appoint other College employees
to serve as investigators as needed. Investigations where employees are accused of
misconduct are typically conducted by the Employee Relations Manager, but may also
be conducted by the Chief Human Resources Officer or a designee. The Title IX Coordinator(s)
are kept informed throughout the investigation to ensure appropriate oversight.
If the College has notice about alleged misconduct that may threaten the health or
safety of the campus or any members of its community, the College reserves the right
and has the obligation to initiate a complaint and/or investigation. During any investigation
or disciplinary process, appropriate interim remedies may also occur such as campus
no-contact orders, adjusting class schedules, or limiting/prohibiting access to campus.
Investigations are maintained as private and information is only revealed if necessary
to ensure adequate investigation occurs. Both the complainant and the accused (respondent)
have equitable opportunities to have a support person present at all investigation
and resolution meetings. At the conclusion of the investigation, the investigator
will provide an investigation summary which will include a finding as to whether or
not the alleged misconduct occurred. Investigations are generally completed within
60 days, but the timeframe depends on the circumstances of the case. When evaluating
whether misconduct occurred, the standard of evidence used will be a “preponderance
of the evidence” or “more likely than not.”
Investigations can also occur at the discretion of the Title IX Coordinator(s), such
as when there are anonymous referrals, unknown perpetrators, or concerns for climate
or cultural issues that may foster a harassing environment.