The Title IX Investigation Phase
Notice of Investigation. If it is determined that the reported conduct could trigger the Sexual Misconduct Policy and an investigation is required, the Title IX Coordinator will prepare a written notice to the Complainant and Respondent that will include a brief description of the allegations, the portions of the Sexual Misconduct Policy that are alleged to have been violated, and any interim measures in place about which either Party must be made aware. This written notice does not constitute a finding or a determination of responsibility.
Information about Advisors. Each Party, including any Reporting Party, may have a single advisor of his/her choice (“Advisor”) present during any College disciplinary proceeding, including any related meeting, interview, or hearing, held pursuant to the Sexual Misconduct Policy.
- Advisors may not participate actively while present at any disciplinary proceeding and may not speak on the part of the individual he or she is advising, although they may ask to suspend any meetings, interviews, or hearings briefly to provide private consultation related to the disciplinary proceeding in progress.
- An advisor is subject to the same confidentiality expectations applicable to others in attendance. Accommodations, including scheduling of interviews or hearings, will not be made for any advisers if they unduly delay the process.
- In the event that a Party’s Advisor of choice presents a potential conflict of interest as determined by the Title IX Coordinator, the Title IX Coordinator will inform the that Party and provide a reasonable amount of time for the Party to obtain an alternate Advisor.
Designation of Investigator. The Title IX Coordinator will designate at least one internal or external investigator to conduct a prompt, fair, and impartial investigation of the reported conduct and prepare a report of investigative findings (the “Investigative Report”).
- At the College’s discretion, more than one investigator may be assigned. The College may also exercise discretion in assigning an external investigator to conduct the investigation with the College’s internal investigator. (In addition, the College may assign an external investigator, without assigning an internal investigator.
- All investigators – internal or external – will be selected from a group of qualified and trained individuals employed by the College or engaged by the College for the purpose of conducting investigations under the Sexual Misconduct Policy. The Title IX Coordinator will provide the Parties with the name of the person(s) assigned to investigate the reported conduct (the “Investigator(s)”).
- As soon as possible, but no later than three (3) business days after receiving notice of the identity of the Investigator(s), Parties should inform the Title IX Coordinator in writing of any conflicts or potential conflicts of interest with regards to the selected Investigator(s). The Title IX Coordinator will consider the nature of the conflict and determine if different individuals should be assigned as Investigator(s). The Title IX Coordinator’s decision regarding any conflicts is final.
Nature of the Investigation. The investigation will include separate interviews with the Complainant, the Respondent, and any witnesses whom the Investigator(s) believes will provide necessary and relevant information. The investigation may include the review of documentation or other relevant items relevant to the reported conduct. The Investigator(s) will provide the Parties with written notice of meetings at which their presence is required.
The Parties’ Identification of Potential Witnesses and Documentation. The Parties have the opportunity (and are expected) to provide the Investigator(s) with the identification of potential witnesses who have specific information about the reported conduct and with whom they would like the Investigator(s) to speak, as well as any documentation or other items they would like to be considered.
- All information described in this section must be presented to the Investigator(s) in writing and include a brief description as to how the persons, documents, and/or items are relevant to the reported conduct.
- This information must be provided to the Investigator(s) during the Investigation Phase and without delay upon becoming aware of it. The Investigator(s) will exercise discretion in their determination of what information to consider and which potential witnesses identified by the Parties can provide relevant information to the investigation.
Investigation Prohibitions. Neither Party will be permitted to question or cross-examine the other Party during the investigation or disciplinary proceedings. Moreover, the Investigator(s) generally will not consider information related to either Party’s sexual history outside of the conduct in question.
Cooperation. All Parties shall cooperate in the Investigation and provide requested information to the The failure of a Respondent to cooperate in the Investigation shall constitute a violation of the Morehouse Student Code and the Respondent shall be subject to all sanctions applicable for violation of such code including but not limited to immediate suspension from Morehouse until cooperation is provided.