Information About the Complaint Process For Student-Student Issues

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Information About the Complaint Process
For Student-Student Issues
Thank you for cooperating with the Office of Compliance and Equity Management (OCEM) as
we look into this formal complaint. Information below details our protocol and provides helpful
guidelines that may be of assistance to you.
Prepping for the investigation
 The individual who filed the complaint is the “complainant” and the person who was filed
against is the “respondent.”
 The investigators are neutral fact finders and are not representing or advocating for any of the
parties involved.
 As a member of the University community, your full cooperation with all OCEM inquiries is
expected. This means that full, complete and truthful responses are expected. It also means
that you should comply with any request for materials. This is the case even if you are
directed to do otherwise by others.
 The investigators will record the meeting, and will take written notes throughout. You are
welcome to do the same. Please inform the investigators if you are planning to record the
meeting in some way other than via written notes.
 It is extremely important that, throughout the process, you maintain confidentiality. We
respect your need to have a confidante but we would like to encourage you not to share
details of the investigation with others, particularly those who may be involved in some
manner. This assists the investigators in conducting a clean inquiry that is not affected by
gossip or hearsay.
 If you have related information that is not covered during the interview, you should feel free
to bring that information forward. If you become aware of new details or concerns, it is
expected that you will share that information with the investigator in a timely fashion.
 You are welcome to bring a single individual with you on visits to OCEM. You may bring a
friend, family member, adviser, advocate, or legal counsel. If, however, you choose to bring
legal counsel, you must inform OCEM ahead of the meeting so that the University Counsel
can be scheduled into the meeting as well.
 You may be asked to meet with the investigators more than once. The investigators may call
you later to confirm details and/or gather additional information. This is not uncommon.
 Retaliation against you because of your cooperation with this process is prohibited by
University policy. If you believe you have been retaliated against, you should let our office
know immediately. Likewise, please take care not to take retaliatory actions against anyone
else you believe may be involved during this investigation.
 Questions are welcomed at any time during the meeting and you are always welcomed to
follow up later with questions or concerns to our office at 3-2846. Questions about
scheduling meetings or about the investigation should be addressed to the investigators.
Questions about the process or outcome should be addressed to Leah Gutknecht, Assistant to
the President for Compliance and Equity Management, and Title IX Officer.
The investigation
 The investigators will be interviewing you and all pertinent witnesses. The investigators
reserve the right to determine which witnesses are pertinent. You will be given an
opportunity to name witnesses you believe have information relating to the claims you have
made. It is important that you not seek to pressure witnesses before or after the investigation.
 The investigators will provide an opportunity for the respondent to respond to the
complainant’s allegations. Similarly, the complainant will be allowed to respond to
allegations made by the respondent.
 The investigators will have a series of questions for you and may sometimes need to ask
questions that make you uncomfortable. This is not intentional but you should recognize that
the investigators are trained to pose questions that help them better understand the details of
the issues.
 The investigators will review all pertinent documents, materials and files. If you have any
such materials, you should let the investigators know. Again, the investigators reserve the
right to determine which materials are pertinent.
After the investigation
 The Assistant to the President for Compliance and Equity Management and Title IX Officer
will review the report written by the investigators.
 In accordance with policy, the Dean of Students (or a designee) will receive the report and
move it forward for an appropriate hearing.
 Following the hearing, the decision of whether a policy violation has occurred will be made
using the “preponderance of evidence” standard. This means that it is more likely than not
that a violation occurred.
 If, following the hearing, the decision is that no policy violation has occurred the process will
end. Regardless of the outcome, the complainant, the respondent, and the Title IX Officer
will be notified of the finding in writing.
 The Dean of Students (or designee) will notify the respondent, the complainant, and the Title
IX Officer in writing of the Dean of Students’ decision.
 Both parties have the option to appeal the decision.
I hereby verify that I understand the above information regarding the University’s process related
to this situation, and my participation in and responsibilities related to that process.
________________________________________________
_________________________________
Signature
Date
 Complainant/Respondent have been provided business cards of investigators.
OCEM 2/2016
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