What to expect in a Title IX investigation.
The first thing to expect are some terms and words used by the investigator: the respondent is the individual who is responding to a report; the complainant is the person who made the allegation. Also, at no point in the Title IX investigation process will you be asked to appear for any meeting at which the complainant and the respondent would both be present. Although the investigation is not confidential, it is treated in a private and discreet manner.
How does the investigation start?
In an investigation, the investigator’s focus is to gather as much information as possible: from the respondent, from the complainant, and from any individual who might have relevant information. They will be asked to provide information through a written statement or in-person interview.
When am I notified?
If involved in a Title IX investigation as either a respondent, complainant, witness, or knowledgeable third-party, the WVSU Title IX Coordinator will notify you that a report was made and that an investigation has been initiated. You will be asked to schedule a meeting with an investigator and learn about the investigation process, your options, and the nature of allegations.
Do I have to meet with a Title IX Investigator alone?
No. You can have a support person of your choosing during any meeting with a Title IX Investigator.
I received noticed that the Title IX Coordinator was issuing a remedial measure/interim action. What are those?
Remedial measures are enacted to remedy the impacts of an alleged incident of sexual harassment, sexual violence, relationship violence, or stalking. This includes modifications to academic, living, or working situations. This also includes University No-Contact letters.
Interim actions are enacted when the information about an incident of sexual violence raises concerns about the safety of the community or its members.
If a remedial measure and/or interim action has been issued, it does not mean that an investigation decision has been made, only that the information received so far supports these as an appropriate response. At the conclusion of the investigation, the remedial measures/interim actions are revisited to determine if they are still necessary.
Am I entitled to remedial measures?
Yes. Should you need modifications to academic, living, or working situations, the Title IX Coordinator can also assist you.
When will I have an opportunity to share my side of the story?
After you are notified of the allegation and investigation, you will have the opportunity to participate in an in-person interview.
What other information is the investigator gathering?
The investigator will identify and speak to other people, either those people that you or the complainant named as being important for the investigator to speak with, or people that we learn about during the course of our investigation. At all times, the investigator is gathering as much information as possible about the incident(s). This includes relevant text messages, phone logs, social media exchanges, emails, investigator visits to the location where incident(s) occurred and more – whatever you or anyone else involved is able to share and whatever the investigator independently is able to gather.
As the investigator is collecting all of this information, he or she may need to return to you, to ask follow-up questions. The investigator will try to minimize the number of times they need to speak to you about your experience, but in the course of the investigation, certain moments or details become very important and additional information may be needed.
Because the investigation process can be stressful, the investigator will continue to refer you to support resources on campus and in the community.
How does the investigator make a finding? And how will I find out about it?
The investigator will review all of the information gathered during the investigation and make a recommendation to the Title IX Coordinator if there is a preponderance of evidence – whether it is more likely than not – that there were behaviors that could be considered an act of sexual harassment, sexual violence, relationship violence, or stalking. When the findings are complete, and the Title IX Coordinator has made their decision, you will be contacted and given the outcome if you are the complainant or respondent. The Title IX Coordinator will separately contact both parties and separately provide them the outcome.