Prehearing Investigation

The university will investigate allegations made in a Formal Complaint in accordance with this Grievance Process.

Gather Evidence

1. The burden of proof and burden of gathering evidence sufficient to reach a determination regarding responsibility will be on the University and not on the parties.
2. The university, Complainant, Respondent, Title IX Coordinator, Investigator, Hearing Panel members, or facilitators of an informal resolution process cannot require, allow, rely upon, or otherwise use questions or evidence that constitute, or seek disclosure of, information protected under a legally recognized privilege, unless the person holding such privilege has waived the privilege and the recipient has obtained that party's voluntary, written Consent to do so for the Grievance Process under this regulation. Such privileged documents include, among other things, documents that are made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in the professional's or paraprofessional's capacity, or assisting in that capacity, and which are made and maintained in connection with the provision of treatment to the party.
3. The university will provide an equal opportunity for the parties to present Witnesses and evidence, including fact and expert Witnesses, and other inculpatory and exculpatory evidence during the prehearing investigation.
4. The university will not restrict either party from discussing the allegations or from gathering evidence.

Inspection and Review of Relevant Evidence

Prior to the completion of an Investigative Report, the University will provide both parties with an equal opportunity to inspect and review any evidence obtained as part of the prehearing investigation that is directly related to the allegations raised in a Formal Complaint.

The university will send to each party and the party's Advisor, if any, the evidence subject to inspection and review in an electronic format or a hard copy.

The parties will have at least ten (10) days to submit a written response, which the Investigator will consider prior to the completion of an Investigative Report.

Investigative Report

Upon completion of the investigation, the university will create an Investigative Report that fairly summarizes the relevant evidence. The university will send to each party and the party's Advisor, if any, the Investigative Report in an electronic format or hard copy, for their review and written response, at least ten (10) days prior to the hearing, if a hearing is required under this regulation or otherwise provided.