36 Comprehensive Investigation

If the resolution of the allegations does not proceed through the informal process, the matter will proceed with a comprehensive investigation and resolution through the formal complaint processes. Title IX The coordinator will be responsible for overseeing the prompt, equitable, and impartial investigation during the formal complaint process. The burden of proof and the burden of gathering evidence sufficient to reach a determination regarding responsibility shall rest on the College and not the parties.

Assignment of Investigator: If the Title IX Coordinator’s designee is to conduct the investigation, the Title IX Coordinator will forward the complaint to the investigator and share the investigator’s name and contact information with the complainant and the respondent. Conflicts of Interest and Bias: Immediately after the identity of the person who will conduct the investigation is determined and communicated to the parties, the investigator, the complainant, or the respondent may identify to the Title IX Coordinator in writing any real or perceived conflicts of interest or bias that the person charged with conducting the investigation (including the Title IX Coordinator, where applicable) may have. The Title IX Coordinator will carefully consider such statements and will assign a different individual as an investigator if it is determined that a material conflict of interest or bias exists.

Overview of Investigation: Upon receipt of the formal complaint, the Title IX Coordinator/Investigator (hereinafter “Investigator”) will promptly begin the investigation, which shall include but is not limitedto the following:

• Conducting interviews with the complainant, the respondent, and any witnesses (including expert witnesses, where applicable) and summarizing such interviews in written form

• Visiting, inspecting, and taking photographs at relevant sites
• Where applicable, collecting and preserving relevant evidence (in cases of corresponding criminal reports, this step may be coordinated with law enforcement agencies)

• Obtaining any relevant medical records pertaining to the treatment of the complainant provided that the complainant has voluntarily authorized the release of the records in writing to the investigator Inspection and Access to Evidence: The parties may identify to the Investigator any evidence or witnesses they wish to be included as part of the investigation. Both parties will also have equal opportunity to inspect and review any evidence obtained during the investigation.

The Investigator will complete the gathering of evidence as soon as practicable, which will ordinarily occur within approximately 30 days after the filing of the formal complaint. After the gathering of evidence has been completed but prior to completion of the investigative report, the Investigator will provide each party and party’s advisor, if any, any evidence obtained as part of the investigation that is directly related to the allegations raised in the formal complaint, including the evidence upon which the College does not intend to rely in reaching a determination regarding responsibility and inculpatory or exculpatory evidence (whether obtained from a party or other source), so that each party can meaningfully respond to the evidence prior to the conclusion of the investigation. The evidence will be provided in an electronic format or hard copy. The parties will have 10 calendar days to submit a written response to the evidence, which will be considered by the investigator prior to the completion of the investigative report. The evidence will be made available for the parties to use at the hearing to determine responsibility.

Investigative Report: The investigative report shall fairly summarize the relevant evidence and must include the following items and information that is relevant to the allegations in the formal complaint:

• The dates of the Title IX Coordinator’s initial receipt of a report of

alleged sexual harassment against the complainant, intake meeting, and the filing of the formal complaint

• A statement of the allegation(s), a description of the incident(s),

the date(s) and time(s) (if known), and the location of the alleged incident(s)

• The names of all known witnesses to the alleged incident(s)
• The dates that the complainant, respondent, and other witnesses were interviewed, along with summaries of the interviews

• Descriptions or summaries of any physical or documentary evidence that was obtained (e.g., text messages, emails,

surveillance video footage, photographs)

• Any written statements of the complainant, respondent, or other witnesses
• The response of College personnel and, if applicable, College-level officials, including any supportive measures

taken with respect to the complainant and respondent Investigator shall provide a draft of the investigative report to the Title IX Coordinator for review before the report becomes final. An electronic or hard-copy version of the final investigative report will be provided to each party (and each party’s advisor) concurrently. The investigative report shall be provided as soon as practicable after the parties have submitted their written responses to the evidence (if any)and at least 10 calendar days prior to the determination hearing. The parties may provide a written response to the investigative report within 5 calendar days of receiving it.