Investigation Process and Outcome

The University's investigative and resolution processes of reports of violations of this policy will be prompt, fair, thorough and impartial. The procedures set forth herein are intended to afford a prompt response to reports of sexual misconduct, to maintain privacy and fairness consistent with applicable legal requirements, to provide equal treatment to the parties, and to impose appropriate sanctions on violators of this policy. Complaints of sexual misconduct and retaliation will be investigated and resolved in accordance with this policy. Because such allegations can sometimes raise novel issues and involve competing interests, the University reserves the right to take reasonable actions to address those issues in a manner that is consistent with the spirit of this policy, that preserves fairness for both parties, and that maintains the integrity of the investigation and resolution processes. Set forth below are the typical steps that occur once the Title IX Coordinator makes a determination to proceed with a Title IX investigation:

Assigning an Investigator

The Title IX Coordinator will assign an appropriately trained and experienced investigator or investigator team (either internal or external) to undertake an investigation. The University may utilize internal or external investigators, including individuals who have previously served in Title IX roles. The Title IX Coordinator will remove and replace any investigator determined to have a conflict of interest, bias, or who is not performing duties in a timely or professional manner. The investigator(s), in coordination with the Title IX Coordinator, will establish a timeline for completion of the investigation.

Standard of Review

The determination of responsibility will be made using the "preponderance of the evidence" standard (i.e., it is more likely than not that the Prohibited Conduct occurred).

Cooperation

All La Sierra University employees are expected to fully cooperate in the investigation process and to provide truthful information. Students and other community members are also expected to cooperate and provide truthful information. Students have the right not to incriminate themselves without an adverse inference being drawn.

Notice of Investigation

The investigator will provide written notice of the allegations (Notice of Investigation) to the responding party, with a copy provided to the reporting party. Both parties will receive information regarding their rights, available resources, and applicable procedures. The investigator may address additional allegations that arise during the investigation and may consolidate related complaints where appropriate.

Opportunity to Participate

Both parties will have an opportunity to respond to the Notice of Investigation and to participate in interviews with the investigator. Each party may identify witnesses and submit relevant evidence. The investigator will determine what information is relevant and necessary to the investigation. Follow-up interviews may be conducted as needed. Witnesses may be given an opportunity to review and clarify the investigator’s notes.

Advisor of Choice

Each party may be accompanied by one advisor of their choice during the investigation. Advisors may provide support but may not speak on behalf of a party or disrupt the process. Advisors may request brief pauses for consultation. The University may remove an advisor who does not comply with these expectations. Advisors must maintain the confidentiality of the process.

Evidentiary Determinations

Investigators have discretion to determine the relevance of witnesses and evidence. The investigator may decline to pursue information that is repetitive, not relevant, or where confidentiality concerns outweigh its probative value.

Character evidence is generally not considered. Evidence regarding prior sexual history is not considered unless it is directly relevant and permitted under applicable law and policy. The existence of a relationship between the parties is not, by itself, determinative of consent.

The investigator will not make final determinations of responsibility but will prepare a report that fairly summarizes relevant evidence.

Review by Title IX Coordinator

The investigator will prepare a preliminary report summarizing the relevant evidence. The Title IX Coordinator will review the report to ensure that the investigation is complete and that the report complies with applicable standards. The Title IX Coordinator may request additional fact gathering if necessary.

Review by the Parties

The preliminary report will be made available to the parties for review. The parties may submit written responses and identify any additional evidence or areas for further investigation. The investigator will consider such responses and determine whether additional investigation is warranted.

Final Investigation Report

Following the review process, the investigator will prepare a Final Investigation Report that fairly summarizes the relevant evidence. The Final Investigation Report will be provided to both parties and referred to the Adjudication Committee for determination.

Adjudication Committee and Hearing

The Adjudication Committee serves as the decision-making body for matters arising under this policy. The Committee is composed of trained representatives from faculty, staff, and administration.

The Title IX Coordinator is not a member of the Adjudication Committee and does not participate in decision-making regarding responsibility or outcomes. The Title IX Coordinator’s role is limited to overseeing the process and ensuring compliance with applicable policies and regulations.

The Adjudication Committee will conduct a hearing to determine whether a violation of University policy has occurred.

During the hearing:

• Each party has the right to an advisor of their choice
• If a party does not have an advisor present at the hearing, the University will provide one for the purpose of conducting questioning
• Advisors may ask relevant questions of the other party and witnesses, including follow-up questions
• The Adjudication Committee will determine whether each question is relevant before it is answered and will explain any decision to exclude a question

The hearing will be conducted in a manner that is fair, respectful, and equitable to all participants.

Determination of Responsibility

Following the hearing, the Adjudication Committee will deliberate in private and evaluate all relevant evidence. The Committee will make findings of fact and determine whether the respondent is responsible for a violation of policy using the preponderance of the evidence standard.

If the Committee determines that a violation has occurred, it will determine appropriate disciplinary action and/or remedies consistent with University policy.

Written Determination

The Adjudication Committee will issue a written determination simultaneously to both parties. The written determination will include:

• The allegations at issue
• A summary of the procedural steps taken
• Findings of fact
• Conclusions regarding the application of policy to the facts
• A determination regarding responsibility for each allegation
• Any disciplinary sanctions imposed, if applicable
• Information regarding the appeal process

Appeals Process

Both parties have the right to appeal the determination. An appeal is not a re-hearing of the case but a review of specific issues that may have affected the outcome.

Appeals may be submitted on the following grounds:

• Procedural error that materially affected the outcome
• New evidence that was not reasonably available at the time of the hearing and could affect the outcome
• Conflict of interest or bias that affected the outcome

Appeals will be reviewed by a trained, impartial appeal officer who was not involved in the investigation or adjudication of the matter.

If an appeal is granted, the appeal officer may affirm the decision, return the matter for further consideration, require additional investigation, or order a new hearing, as appropriate.

The outcome of the appeal will be communicated simultaneously to both parties in writing. The decision of the appeal officer is final.