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Complainant Participation:
The Title IX Coordinator or designee will, before a hearing is conducted, determine
whether the complainant (alleged victim) is willing to participate in a hearing. A
complainant’s request that reports of sex discrimination remain confidential will
be considered in determining an appropriate response; however, such requests
will be considered in the dual contexts of CIU’s legal obligation to ensure a learning
and working environment free from sex discrimination and the due process rights
of the accused person to be informed of the allegations and their source. Some
level of disclosure may be necessary to ensure a complete and fair investigation,
although CIU will comply with requests for confidentiality to the extent possible. If
the complainant requests confidentiality or asks that a complaint not be pursued,
CIU will inform the complainant that its ability to respond consistent with the
request would be limited, and that retaliation is prohibited and that CIU will take
steps to prevent retaliation and to respond if it occurs. Even if the complainant
declines to participate in the investigation, CIU will take reasonable steps to
investigate and respond to the situation, consistent with its obligation to the entire
CIU community.
No-Contact Directives:
CIU’s Title IX Coordinator or designee may also direct those involved in an
alleged incident not to have contact with one another pending completion of
the investigation concerning that incident. Such a directive is not a sanction
or disciplinary outcome but is designed to maintain civility and avoid potential
escalating tensions.
Notification of Law Enforcement:
The Title IX Coordinator or designee shall determine whether local law
enforcement or other authorities should be notified. (The Title IX Coordinator will
notify the complainant of their right to contact local law enforcement at the initial
stages of the report/complaint).
Interim Sanctions:
The Title IX Coordinator, in consultation with appropriate administrative leadership
may impose interim sanctions (up to and including suspension) prior to the
beginning of the disciplinary process. The interim sanction/suspension may be
imposed in cases where the alleged action of the accused may pose a threat
to the well-being of the CIU community or to the accused himself/herself. Such
sanctions are appropriate and should be promptly imposed where needed to
protect any member of the CIU community, including anyone connected with
the matter, or to prevent recurrence or retaliation pending completion of the
investigation. Following the imposition of an interim sanction, the opportunity for a
hearing will be provided as expeditiously as possible.
Standard of Proof:
The standard for determining the culpability of the accused for a sex
discrimination policy violation will be a preponderance of the evidence. This means
the determination shall be made on the basis of whether it is more likely than
not that the accused violated the CIU Title IX policy in a way that constitutes sex
discrimination as defined in this policy.
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