EAC | Title IX
The Investigative Process
Steps in the Investigation Process
All investigations are thorough, reliable, impartial, prompt, and fair.
Investigations involve:
-
Interviews with all relevant parties and witnesses
-
Obtaining available, relevant evidence
-
Identifying sources of expert information as necessary
Through the investigative process, all parties have a full and fair
opportunity to:
-
Suggest witnesses and questions
-
Provide evidence and expert witnesses
-
Fully review and respond to all evidence on the record
The Investigators typically take the following steps (not necessarily in
this order):
-
Determine the identity and contact information of the Complainant.
-
In coordination with campus partners (e.g., the Title IX Coordinator),
initiate or assist with any necessary supportive measures.
-
Identify all policies implicated by the alleged misconduct and notify
the Complainant and Respondent of all of the specific policies
implicated.
-
Conduct a prompt initial assessment to determine if the allegations
indicate a potential policy violation.
-
Commence a thorough, reliable, and impartial investigation by
identifying issues and developing a strategic investigation plan,
including a witness list, evidence list, intended investigation
timeframe, and order of interviews for all witnesses and the parties.
-
Meet with the Complainant to finalize their interview/statement.
-
Prepare the initial Notice of Allegation (NOA). The NOA may be amended
with any additional or dismissed allegations.
-
Notice should inform the parties of their right to have the
assistance of an Advisor, who could be a member of the Eastern
Arizona College pool of Advisors or could be an Advisor from
outside the College. Advisors are able to be present for all
meetings attended by their attendee.
-
Provide each interviewed party and witness an opportunity to review and
verify the Investigator’s summary notes of the relevant
evidence/testimony from their respective interviews and meetings.
-
Make good faith efforts to notify the parties of any meeting or
interview involving the other party, in advance when possible.
-
When participation of a party is expected, provide that party with
written notice of the date, time, and location of the meeting (via
email), as well as the expected participants and purpose of the
meeting.
-
Interview all available, relevant witnesses and conduct follow-up
interviews, as necessary.
-
Allow each party the opportunity to suggest witnesses and questions
they wish the Investigators to ask of the other party and witnesses,
and document in the report which questions were asked, with a rationale
for any changes or omissions.
-
Complete the investigation promptly and without unreasonable deviation
from the intended timeline.
-
Provide regular status updates to the parties throughout the
investigation.
-
Write a comprehensive investigation report fully summarizing the
investigation, all witness interviews, and addressing all relevant
evidence. Appendices including relevant physical or documentary
evidence will be included.
-
Prior to the conclusion of the investigation, provide the parties and
their respective Advisors (if so desired by the
parties) a secured electronic or hard copy of the draft investigation
report as well as an opportunity to inspect and review all of the
evidence obtained as part of the investigation that is directly related
to the reported misconduct, including evidence upon which EAC does not
intend to rely in reaching a determination, for a ten (10) day review
and comment period.
-
Receive a meaningful, written response from the parties after their
review of the evidence. The parties may elect to waive the full ten
days.
-
The Investigators will share the responses between the parties for
additional responses.
-
The Investigator(s) may incorporate relevant elements of the parties’
written responses into the final investigation report, include any
additional relevant evidence, make any necessary revisions, and
finalize the report. The Investigator(s) should document all rationales
for any changes made after the review and comment period.
-
The Investigator will finalize the investigative report and then share
it with both parties and their Advisors through secure electronic
transmission at least ten (10) business days prior to a hearing.
-
The case is forwarded for a hearing. The hearing will last no more than
two (2) hours.
Witnesses in the Investigation
Witnesses (as distinguished from the parties) who are employees of EAC are
expected to cooperate with and participate in EAC’s investigation and
resolution process. Failure of such witnesses to cooperate with and/or
participate in the investigation or resolution process constitutes a
violation of policy and may warrant discipline.
While in-person interviews for parties and all potential witnesses are
ideal, circumstances (e.g., study abroad, winter break) may require
individuals to be interviewed remotely. Skype, Zoom, FaceTime, WebEx, or
similar technologies may be used for interviews if the Investigators
determine that timeliness or efficiency dictate a need for remote
interviewing. EAC will take appropriate steps to reasonably ensure the
security/privacy of remote interviews.
Evidentiary Considerations in the Investigation
The investigation does not consider:
-
Incidents not directly related to the possible violation, unless they
evidence a pattern
-
The character of the parties
-
Questions and evidence about the Complainant’s sexual predisposition or
prior sexual behavior, unless such questions and evidence about the
Complainant’s prior sexual behavior are offered to prove that someone
other than the Respondent committed the conduct alleged by the
Complainant, or if the questions and evidence concern specific
incidents of the Complainant’s prior sexual behavior with respect to
the Respondent and are offered to prove consent.
Investigations are not complete until both the Complainant and Respondent
have had an opportunity to review the investigative file, which includes
both the first and the second inspection and review of records has taken
place.
Once the investigation is complete, the matter will be referred to a
hearing.
Filing an External Discrimination Complaint
Eastern Arizona College encourages students to use the due process under
the Title IX Sexual Harassment policy to resolve concerns. Students also
have the right to file complaints with appropriate external agencies. No
retaliation will be taken against any individual for filing a complaint
with an external agency. The following agency accepts
harassment/discrimination charges filed by, or on behalf of, students:
Office for Civil Rights
U.S. Department of Education
Denver Office
Cesar E. Chavez Memorial Building
1244 Speer Boulevard, Suite 310
Denver, Colorado 80204-3582
Phone: 303-844-5695
Fax: 303-844-4303
TDD: 303-844-3417
E-mail: OCR.Denver@ed.gov