Title IX/ Policy 1065 General Investigative Process
When a person learns of an incident of sexual harassment, including instances of sexual assault, relationship violence, and stalking, it should be reported to the Office of Institutional Compliance and Ethics and/or the Title IX Coordinator (“Compliance”). Once our office receives information about the incident, Compliance begins to review and will determine how to best respond to the reported incident.
1) Report of Sexual Harassment
Once Compliance receives a report that could constitute sexual harassment, sexual assault, relationship violence, or stalking, the office immediately begins exploring the issue to determine next steps. This often involves talking to the reporter and reaching out to the victim.
2) Provide Supportive Measures and Review Process
Compliance reaches out to the victim (the “Complainant”) with information about supportive measures available through the institution and the community. Supportive measures can be things like housing relocations, safety planning, mutual no contact orders, academic accommodations, etc. Compliance will also review the investigative process with the Complainant, including how to file a Formal Complaint.
3) Preliminary Review
Compliance will review the information gathered about the incident with Public Safety and other campus constituents to assess whether it has a duty to warn the campus community (e.g., a Timely Warning) and/or take other actions, as necessary, to protect those involved.
4) Formal Complaint Filed
Once Compliance has received a Formal Complaint, we will conduct an initial review to see whether the Complaint states sufficient facts to demonstrate that a violation of Policy 1065 occurred. If the complaint states facts that, if proven, would be a violation of Policy 1065, an investigation will move forward. If not, the complaint will be dismissed. If dismissed, the parties may appeal that decision.
5) Notice of Investigation
Once a Formal Complaint moves forward to an investigation, Compliance will provide notice to the person against whom the complaint was filed (known as the “Respondent”). The notice will state a summary of the allegations including the date, location, and description of conduct alleged to violate Policy 1065. It will also include the name of the Complainant.
6) Investigation: Interviews and Gathering Evidence
Compliance will interview the Complainant, Respondent, and witnesses separately. We will also gather any documents or other evidence (such as text messages, screen shots, etc.) Both parties may have an advisor present during any meeting with Compliance.
7) Draft Report
Once the investigation is complete, Compliance will draft a report that is shared with the parties involved as well as the evidence collected during the investigation. The parties have ten (10) university business days to submit a response and/or additional information.
8) Final Report
Compliance will incorporate relevant responses and any additional information provided by the parties and will then finalize the report. The final report will be shared with the parties and the hearing decision-maker. The parties, once receiving the final report, will have at least ten (10) university business days to prepare for the hearing.
A hearing will be convened with notice given to both parties of the time, date, and location of the hearing. Most hearings will be held using Zoom to ensure the safety of all involved but to also allow the parties and the decisionmaker to simultaneously see and hear the questions being asked and answered. Each party must have an advisor present to conduct cross-examination on their behalf. If a party does not have an advisor, the University will appoint one. Each party may provide opening statements, call witnesses, and provide documents or evidence that were collected during the course of the investigation.
After the hearing concludes, the decision-maker will issue a report with the findings and if applicable, sanctions. The report will be provided to parties simultaneously.
Either party may appeal the decision. Appeals must be submitted within five (5) university business days. If a timely appeal is not received, the decision becomes final.
More information about this process is outlined in Boise State Policy 1065.