SIM Investigative Resolution Process

To commence the investigative process:

• Notice of Investigation will be sent to the Complainant and Respondent by the AVP for Equity or designee.
• Investigator(s) will conduct a prompt, thorough, fair, and impartial investigation.Both parties will have an equal opportunity to be heard, to submit evidence and to identify witnesses.

At the conclusion of the investigative process:

Investigator will prepare a Preliminary Investigative Report summarizing the information gathered for review and response by each party.

Parties and witnesses can participate in a hearing before a hearing officer.

The hearing officer will make a decision as to whether or not the Respondent violated the policy based on a preponderance of the evidence.

Either party may appeal the finding(s):

• If a finding is not appealed, the process is concluded. If the finding was “Responsible,” the sanctions assigned by the hearing officer will be imposed.
• If a finding is appealed, an appellate officer will review the appeal.

Next steps for appeals:

Appeals: If either party contests the investigative finding, an appellate officer will be appointed to determine whether: (1) there was a procedural irregularity that affected the outcome; (2) there is new evidence that was not reasonably available at the time that could affect the outcome; (3) the Title IX Coordinator, investigator, or decision-maker had a conflict of interest or bias that affected the outcome; and/or (4) the decision was arbitrary or capricious.

The appellate officer may deny the appeal, or if one or more of theappeal grounds have been met, may:

1. return the case to the hearing officer for reconsideration; or
2. appoint an alternate decision maker to review the case; or
3. change or modify the decision.

Decision made by the appellate officer (or the hearing officer if the finding was not contested) is final. A written decision will be issued to both parties.