Discrimination and harassment investigation process

 

In order to initiate an investigation with the Office of Civil Rights and Title IX (OCR9), the Complainant must complete and sign a complaint form. OCR9 will meet with the Complainant before sending a complaint form. The purpose of the meeting is so that OCR9 can gather additional information to assess the alleged conduct. If the Complainant still wants to file a complaint after this initial meeting, OCR9 will provide the Complainant with a complaint form. The Complainant must complete the complaint, sign it, and return it to OCR9. OCR9 will complete an assessment to determine whether the allegations satisfy the policy requisite for an investigation. 

If the complaint is accepted, the Complainant and Respondent will receive Notice of Investigation. The Notice of Investigation authorizes OCR9 to initiate an investigation. A Pre-Investigation meeting with scheduled separately with each party to go over the investigation process, rights each party has in the process, and to answer any questions each party may have regarding the investigation. 

Investigations are completed in a thorough and impartial manner. OCR9 aims to complete investigations within reasonably prompt time, typically within seventy-five (75) calendar days from receipt of a formal complaint. There may come times when OCR9 has good cause to extend the time during an investigation. When that occurs, OCR9 will notify the Complainant and Respondent. 

OCR9 will attempt to gather all available relevant evidence. This includes interviewing the Complainant, Respondent, and witnesses with relevant information, and gathering relevant documents and information (i.e., photographs, screen shots, videos, etc.) regarding the alleged conduct. OCR9 will attempt to gather all relevant evidence including inculpatory and exculpatory relevant to allegations. 

Informal Resolution may be attempted before or during an investigation. Informal Resolution is a voluntary remedies based process designed to provide the Complainant and Respondent with an option to resolve the dispute in lieu of the investigation process. Informal Resolution may be used in any matters involving protected class complaints other than complaints brought under Title IX. 

At the conclusion of the investigation, OCR9 will review all the relevant evidence/information and render a decision regarding the allegations. The decision will be based on the standard preponderance of evidence. An investigation summary will be drafted and the Complainant and Respondent will be given an opportunity to review the investigation summary report.