2017-2018 CIU Student Handbook
61
5.
Directly and promptly following the conclusion of the investigation, the Title
IX Coordinator or designee will provide the report to an impartial hearing
board to determine, based on the investigation report, whether credible
evidence exists to believe that a Title IX policy violation occurred.
6.
The hearing board (comprised of three CIU faculty and/or staff members)
will review the report and conclusions drawn from the report to determine
the occurrence of a Title IX policy violation. Findings and unresolved issues
will be reported to the Title IX coordinator.
7.
The Title IX coordinator or designee may direct additional investigation if
he/she determines such investigation is necessary or desirable.
8.
If credible evidence of a Title IX policy violation exists, the matter will be
processed as set forth under the Disciplinary Process heading of this policy
(below). The hearing board, in consultation with the Title IX coordinator, will
determine appropriate institutional sanctions and other necessary steps to
conclude the matter with all parties involved.
9.
If credible evidence of a Title IX policy violation does not exist, the matter
will be concluded as to the accused person. However, CIU may, through
the Title IX coordinator, still consider whether other forms of remedial or
community-based steps are appropriate to educate the community or
reduce the risk of future Title IX violations.
Confidentiality:
From the time a report is made, the accused individual, the complainant (alleged
victim), any witnesses who are interviewed in the investigation and all other
parties to the investigation or procedures will be notified of CIU’s expectation of
confidentiality and privacy. CIU will make all reasonable efforts to maintain the
confidentiality and privacy of the parties involved in investigations of alleged sex
discrimination.
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 a Title IX policy violation 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 Title IX policy violations 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