Investigations: In Instances of Allegations of Sexual Misconduct
The University disciplinary process will include a prompt, fair, and impartial investigation and resolution process. In instances of allegations of sexual misconduct, both the Complainant and the Respondent (accused) have the opportunity to be advised by a personal advisor of their choice, at their expense, at any stage of the process and to be accompanied by that advisor at any meeting or hearing. An advisor may only consult and advise his or her advisee, but not speak for the advisee at any meeting or hearing.
The University will ask the Complainant(s) and Respondent(s) for a written acknowledgment of the incident(s).
In cases involving allegations of sexual misconduct, upon receipt or notice of a complaint, the Title IX Coordinator, an appropriate administrator or designee of the Title IX Coordinator or an Investigative Team, hereinafter referred to as “Investigator,” will promptly conduct a preliminary investigation of the report or complaint.
At the conclusion of the preliminary investigation, in consideration of the Complainant’s wishes and the safety of the campus community, the report/complaint may be referred for remedial and protective measures and/or an investigation to determine if there is sufficient information to proceed with a full investigation. Remedial and protective measures do not involve disciplinary action against a Respondent. The sexual misconduct resolution process is a sanctions-based approach that may involve discipline up to and including expulsion.
(Where the report or complaint involves an employee, the Human Resources Director will be notified. Employees: For specific information about the grievance process that applies to you as an accused consult the appropriate handbook – such as the Faculty Handbook, or Staff Employee Handbook.)
If the report or complaint does not appear to allege a policy violation or if an informal resolution is desired by the Reporter or Complainant and appears appropriate given the nature of the alleged behavior, then the report or complaint may not proceed to investigation. Reports or complaints may be resolved through formal or informal procedures. If an allegation of sexual misconduct involves an athlete, someone outside the athletic department will oversee the grievance process. Please note that an informal resolution such as mediation cannot be used for non-consensual sexual intercourse cases.
Once a decision is made to pursue a full investigation, the University will provide written notice to both parties, which will include a description of the parties involved, the specific sections of the policy allegedly violated, the specific alleged misconduct, and the date(s) and location(s) of the misconduct. The written notice will be accompanied by the Statement of Rights and Options document. Absent extraordinary exigency, the parties shall receive the written notice at least three (3) calendar days before they are interviewed by the investigator.
In cases where there is evidence of a pattern of misconduct or a perceived threat of further harm to the community or any of its members a full investigation will be pursued.
The University will conduct its investigation in a reasonably prompt manner. How long an investigation will take depends on a number of factors, such as the complexity of the allegations, the number and availability of witnesses, and intervening holiday breaks when school is not in session. The Investigator will provide the parties with periodic updates regarding the status of the investigation.
The University may undertake a short delay (10-14 days, to allow for evidence collection) when criminal charges on the basis of the same behaviors that initiated the process are being investigated.
The Investigator will conduct an investigation to determine whether there are sufficient grounds to believe that by a preponderance of the evidence (what is more likely than not to have occurred) a violation of the policy occurred.
The Investigator will review the circumstances and facts of the report and determine the identity of the individuals with knowledge concerning the matter. This investigation may include discussion with faculty, staff, or students. Interim actions/restrictions (see Interim Actions section) may be imposed at this time. The University will treat the parties equitably and allow both parties the same opportunity to provide witnesses and relevant evidence.
At the conclusion of the investigation, the Investigator will prepare a preliminary report summarizing the relevant evidence collected during the investigation. Each party will have five business days to review the report and provide any comment or response. Thereafter, the Investigator will finalize the report and include a determination as to whether or not the Respondent was found to have violated the University’s Policy Against Sexual Misconduct policy as alleged and if a violation was found, a recommendation on an appropriate sanction for any violation. The Investigator will make a report to the Title IX Coordinator, an appropriate administrator or designee of the Title IX Coordinator.
The Title IX Coordinator, an appropriate administrator or designee of the Title IX Coordinator will review the report, including the determination and recommendation for a sanction and will notify both parties simultaneously in writing of the outcome of the complaint. Concordia will disclose to a Complainant any sanction imposed on the Respondent that relates directly to the Complainant, such as a “no contact” order, transfer to a different class or reassignment/cancellation of housing, a suspension, or a termination.
Either party may appeal the results of the investigation.