2022-2023 Student Handbook

Investigation

1. The assigned Title IX Deputy will determine how many investigators are needed and will designate the appropriate number for the complaint. The lead Investigator will confer with the Title IX Compliance Coordinator or his/her deputy on accommodations for the complainant or other necessary remedial short-term actions. The Title IX Compliance Coordinator or his or her deputy will apprise the Vice Chancellor for the appropriate division of the grievance, or if the grievance is against the student, the Vice Chancellor for Student Services.

2. The Investigative Team will:

  • Be staffed with trained faculty/staff and administrators;
  • Provide interim measures as necessary during the course of the investigation to protect both parties;
  • Provide available campus sources of counseling, advocacy and support to the complainant;
  • Identify the correct policies allegedly violated;
  • Conduct an immediate initial investigation to determine if there is reasonable cause to charge the respondent(s);
  • If there is insufficient evidence to support reasonable cause, the grievance should be closed with no further action;
  • Meet with the complainant to finalize the grievance;
  • Prepare the notice of charges on the basis of initial investigation;
  • Develop a strategic investigation plan which may include a witness list, an evidence list, an intended timeframe, and an order of interviews for all witnesses, including the respondent;
  • Conduct a thorough, reliable and impartial investigation. Witnesses may or may not be given notice prior to the interview.
  • Complete the investigation promptly, and without unreasonable deviation from the intended timeline.
  • Make a finding on the case, based on a preponderance of the evidence which indicates that a policy violation has or has not occurred; and
  • Prepare a complete report on the investigation and its findings to present to the assigned Deputy.

The assigned Title IX Deputy will:

  • Present the findings to the individual(s) alleged to have committed discrimination or harassment, who may accept the findings, accept the findings in part and reject the findings in part, or may reject all findings;
  • Share the findings and the outcome with the complainant.

3. If the findings indicate that the alleged discrimination or harassment has not occurred, the investigation should be closed. The complainant who filed a complaint may request from the Title IX Compliance Coordinator an extraordinary decision to refer the complaint to a hearing. A hearing will only be granted by the Compliance Coordinator in exceptional circumstances.

4. Where the findings indicate that the alleged discrimination or harassment has occurred, and the respondent(s) accepts the findings that s/he violated college policy, an appropriate sanction will be imposed. If the complaint is against a student, the sanction will be determined by the Vice Chancellor for Student Services in consultation with the Title IX Deputy. If the complaint is against an SAU Tech employee, the Vice Chancellor for the appropriate division in consultation with the Deputy and the Dean or Director of the appropriate division will determine the sanction. SAU Tech will act to end the discrimination, prevent its recurrence, and remedy its effects on the person who filed the complaint and on the SAU Tech community.

5. Following the investigation, the assigned Deputy will distribute a written Letter of Determination to the affected parties.