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IX. INVESTIGATING A COMPLAINT

  1. Duty to Investigate

    CWSL is committed to investigating known or suspected violations of this Policy.  In addition to direct or third-party complaints, some common triggers for an investigation may include: a student filing a police report with local police who alert the School, parents calling an administrator to complain, or an administrator receiving an anonymous voicemail, email, or written message alleging Sexual Misconduct.  CWSL’s ability to investigate in a particular situation, or the extent of the investigation in any given situation, may be affected by any number of factors, including whether the complainant is willing to file a complaint or to consent to an investigation, the location where the alleged conduct occurred, and CWSL’s access to information relevant to the alleged violation of this Policy.  All parties are expected to fully cooperate with the Title IX Coordinator and/or the investigation.

  2. Sexual Misconduct Involving Bodily Harm

    In the event that the Title IX Coordinator has received a report of Sexual Misconduct involving bodily harm, the Title IX Coordinator must determine, consistent with state or local law, whether appropriate law enforcement or other authorities should be notified.  The victim of Sexual Misconduct also may choose to file a criminal complaint against the respondent.  Any pending criminal investigation or criminal proceeding may have some impact on the timing of the School’s investigation, but the School will commence its own investigation as soon as is practicable under the circumstances.  CWSL reserves the right to commence and/or complete its own investigation prior to the completion of any criminal investigation or criminal proceeding.

  3. Investigations

    The Title IX Coordinator may investigate the claims or select a person(s) to investigate the claims.  The designated investigator (“Investigator”) is primarily responsible for investigating or coordinating the investigation of reports and complaints of violations of the Policy.  Attorneys for the parties will not be allowed to participate in the investigation.  The Investigator shall:

    • Conduct a fact-finding inquiry or investigation into the complaint, including appropriate interviews and meetings with witnesses named by both the complainant and respondent.
    • Inform the witnesses and other involved individuals of the confidentiality requirements and the prohibition against retaliation. 
    • Create, gather and maintain investigative documentation, as appropriate.
    • Disclose appropriate information to others only on a need to know basis, consistent with state and federal law, and provide a data privacy notice in accordance with state law.
    • Handle all data in accordance with applicable federal and state privacy laws.
    • Apply a preponderance of evidence standard to determine whether there has been a violation of this Policy.           

    The investigation will be completed within sixty (60) days of the filing of a complaint or from the report of the suspected violation of this Policy, unless the School determines in its discretion that more time is required to initiate and complete the investigation. As part of the investigation, the Investigator will seek to interview the complainant and the respondent.

    To help ensure a prompt and thorough investigation, complainants are encouraged to provide as much of the following information as possible:

    • The name, department, and position of the person or persons allegedly causing Sexual Misconduct or retaliation.
    • A description of any relevant incident(s), including the date(s), location(s), and the presence and identities/names of any witnesses.
    • The alleged effect of the incident(s) on the complainant’s academic standing, educational benefits or opportunities, position of employment, salary, employee benefits, promotional opportunities, or other terms or conditions of employment.
    • The names of other students or employees who the complainant knows to have been subject to the same or similar Sexual Misconduct, or retaliation.
    • Any steps the complainant has taken to try to stop the Sexual Misconduct or retaliation.
    • Any other information the complainant believes to be relevant to the alleged Sexual Misconduct or retaliation.

    The respondent is also encouraged to provide as much of the above information as possible that relates to or may be applicable to the respondent in connection with the investigation as well as any other additional information, including:

    • Any information or documentation providing support for any defense or counterclaim.
    • The identity or name of any witnesses who can testify on the respondent’s behalf or who can contradict the complainant’s allegations.
    • The identity or name of any witnesses who can testify as to the complainants’ competence, including whether or not the complainant was under the influence of any drugs or alcohol.
    • Any other information the respondent believes to be relevant to the allegations, defenses or counterclaims.
  4. Mediation

    Allegations of Sexual Assault may not be resolved using mediation or any other an informal resolution process that involves direct contact between the parties.  However, some allegations of nonviolent Sexual Misconduct may be resolved using an informal resolution process overseen by the Title IX Coordinator or his or her designee, in conjunction with the Investigator, if (i) the School determines, in its discretion, that such a process would be appropriate; and (ii) both the complainant and respondent agree to participate. The parties to any such informal process will not be required to deal directly with one another.  Instead, one or more representatives, selected by the School, may arrange for or facilitate informal resolution measures between the parties.  The parties must be notified of the right to end the informal process at any time during the complaint process.

    With advanced approval of the Title IX Coordinator, each party may be entitled to one non-attorney advisor (“Advisor”) or support person who may attend the mediation or other informal resolution process.

  5. Investigation Report

    After the investigation has been completed, the Investigator shall:

    1. Prepare an investigation report.  Generally, an investigation results in a written report that at a minimum includes a statement of the allegations and issues, the position of the parties, a summary of evidence, findings of fact, and a determination by the Investigator whether the Policy has been violated.  The Investigator may recommend:  
      • That no disciplinary action be taken if no violation of this Policy has occurred.
      • That the Title IX Coordinator conducts or coordinates education/training.
      •  Separation of the parties, changes in workplace assignments, enrollment in a different course or program, or any other rehabilitative or corrective action deemed appropriate.
      • Discipline or corrective measures, up to and including expulsion, termination of employment, termination of relationship with the School or other disciplinary action deemed appropriate.
      • Any other recommendations deemed appropriate to resolve the complaint in a fair and just manner.
    2. Take any follow-up or additional investigative measures as determined by the Title IX Coordinator.
    3. Be responsible for coordinating responses to requests for information contained in an investigation report in accordance with the privacy laws and other applicable law including but not limited to the Family Educational Rights and Privacy Act (FERPA).