TITLE IX Investigation & Hearing process

 

Receiving Reports: When FAU is made aware of reports of sexual misconduct, the Complainant can expect to receive an outreach email from Victim Services/OCR9 on behalf of the university with information about available university options and support measures. OCR9 will complete an initial assessment to determine whether the complaint constitutes conduct covered by university policy. If it is determined the allegations satisfy the policy requisite for an investigation, the Complainant and Respondent will receive Notice of the Investigation Allegations authorizing OCR9 to proceed with the formal investigation.

Timeline: OCR9 aims to complete investigations within reasonably prompt time frames, typically seventy-five (75) calendar days from receipt of a formal complaint. There may come times when OCR9 has good cause to extend the timeframe during an investigation. When that occurs, OCR9 will notify the Complainant and the Respondent explaining the reasons for the extension.

Investigation Process: Investigations are completed in a thorough and impartial manner. OCR9 will attempt to interview the Complainant, the Respondent, and all Relevant witnesses in a discrete and private manner. Disclosure of facts and allegations will be limited to what is reasonably necessary to complete a fair and thorough investigation. The Complainant and the Respondent may bring an Advisor of their choice to any interview and related meetings.

Informal Resolution Process: Informal Resolution is available and OCR9 may attempt conciliation or informal resolution before or during an investigation. Informal Resolution is a voluntary remedies-based process designed to provide the Complainant and the Respondent with an option to resolve the dispute in lieu of the formal complaint process. Informal Resolution is subject to the approval of the Title IX Coordinator. Also, Informal Resolution may be used in Title IX matters between Student Complainants and Student Respondents or Employee Complainants and Employee Respondents. Informal Resolution cannot be used when there is a Student Complainant and an Employee Respondent.

Collecting Evidence Relevant to Complainant Allegations: OCR9 will make every attempt to gather relevant evidence/information including inculpatory and exculpatory relevant to the allegations. This includes but is not limited to interview statements from the Complainant, Respondent, Witnesses, photographs, videos, screenshots, etc.

• In Title IX investigations, OCR9 may not access, consider, disclose, or otherwise use a Complainant or Respondent’s records that are maintained by a healthcare provider (i.e., physician, psychologist, psychiatrist, or recognized professional) in connection with the treatment of the Complainant or the Respondent. Unless the Complainant and the Respondent provide OCR9 with voluntary written consent.
  
• Prior to completion of the investigation – a draft report will be made available to the Complainant and the Respondent. The Complainant and the Respondent will have the opportunity to respond. OCR9 will consider their responses when finalizing the investigation report.

Conclusion of the Investigation/Hearing Process: At the conclusion of the Title IX Investigation, a Determination hearing will be scheduled. The Determination hearing will be held under the direction of a Decision Maker who is not the Title IX Coordinator or Investigator. At the conclusion of the Determination hearing, a written determination regarding responsibility will be drafted. The Determination hearing will be live and recorded. The Complainant and the Respondent must have a Hearing Advisor to assist them at the hearing. The Hearing Advisor can be anyone the Complainant or the Respondent chooses. If the Complainant or the Respondent does not have a Hearing Advisor for the Determination hearing, the University must provide a Hearing Advisor of the University’s choice free of charge. The Complainant and the Respondent will be allowed to cross examine each other and witnesses through a Hearing Advisor.

Retaliation is prohibited by the University: The University does not condone, tolerate, or allow retaliation against anyone who makes a report or complaint, testify, provide an interview statement, assist or participate in or refuse to participate in any manner in an investigation, proceeding, or hearing. Retaliation can include but is not limited to intimidation, threatening, coercion, or discriminatory acts.