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Title IX- Determination of Finding



Determination of Finding

The investigative team reviews all the materials collected in the investigation, analyzes the credibility of the parties and witness, and on this basis determines the finding of whether or not a policy violation occurred. The investigation team provides a rationale for its decision based on the preponderance of evidence and recommends sanctions and remedies if appropriate (See Sanctions/Remedies-Section III, G). During these deliberations, the investigative team can consult with the Assistant Vice President for Equity, Diversity and Inclusion about precedent, parity, and sanctioning guidelines.

The Assistant Vice President of Equity, Diversity, and Inclusion will review any finding and recommended sanctions/remedies to assure equitable and remedial mandates have been met. Based on this review, the Assistant Vice President of Equity, Diversity, and Inclusion can recommend changes, include additional corrective actions that should be taken in order to remedy the effects of a hostile environment for the reporting party, and implement remedies required for the broader campus community.

The parties are not required to abide by a nondisclosure agreement, in writing or otherwise, that would prevent the re-disclosure of information related to the outcome of the investigation. The parties have discretion to share their own experiences if they so choose. It is recommended that the parties discuss disclosures with their advisors. Faculty and staff members who are witnesses are expected to maintain privacy, subject to College consequences for failure to do so.

Once a finding has been made by the investigative team, the following will take place: 

Finding of NOT in Violation:

If the investigative team finds the responding party not-responsible for a policy violation, the investigation will be closed and the parties will be notified simultaneously in writing. If the investigative team finds violations of other policies (for offenses outside the policy on Discrimination, Harassment, Sexual Misconduct and Retaliation) this information will be included in the notification letter.

  1. The parties will typically receive written notification of the outcome of the investigation within 1-2 business days of the Assistant Vice President of Equity, Diversity, and Inclusion's review. This written notification will inform the parties about the findings and rationale, when an outcome of this process is considered final, and will include information on the right to appeal and the procedures for doing so in accordance with the standards for appeal established by this policy.
  2. In some circumstances involving a finding of "Not in violation," other forms of remedial, community-based responses, such as educational initiatives and/or trainings, may be instituted as deemed appropriate by the Assistant Vice President of Equity, Diversity, and Inclusion and/or the investigative team.
  3. The reporting party may appeal the findings of the investigation.

 

Finding of In Violation:

If the responding party is found responsible for a policy violation, the Assistant Vice President of Equity, Diversity, and Inclusion will notify the reporting party and the responding party of the findings in writing, without undue delay between notifications. If the investigative team finds violations of other policies (for offenses outside the policy on Discrimination, Harassment, Sexual Misconduct and Retaliation) this information will be included in the notification letter.

  1. The parties will receive written notification of the outcome of the investigation typically within 1-2 business days of the Assistant Vice President for Equity, Diversity and Inclusion’s review. This written notification will inform the parties about the findings and rationale, when the outcome of this process is considered final, any changes that occur to the outcome prior to finalization, information on the right to appeal, and the procedures for doing so in accordance with the standards for appeal established by this policy. Sanctions are in effect immediately unless otherwise indicated by the Assistant Vice President for Equity, Diversity and Inclusion.
  2. In some circumstances involving a finding of "in violation," other forms of remedial, community-based responses, such as educational initiatives and/or trainings, may be instituted as deemed appropriate by the Assistant Vice President of Equity, Diversity, and Inclusion and/or the investigative team.
  3. The reporting party and/or responding party may appeal the outcome of the investigation.

Appeals


For information on the Appeals Process and Committee Selection, click here: