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2018-2019 CIU Student Handbook

67

11) The Respondent may, at any time prior to appointment of the Hearing

Board, accept responsibility for violating this Policy and receive

administratively-imposed disciplinary sanctions without a formal hearing.

The Respondent and the Complainant will be informed of the sanctions.

12) The Hearing Board will review and discuss the investigation report and

any written statements received from the Complainant and Respondent.

Neither the Title IX Coordinator nor the Title IX Investigator will be present

during the Hearing Board’s deliberations.

13) The Hearing Board will make a determination regarding whether a

preponderance of the evidence establishes that this Policy has been

violated and report this and any other findings to the Title IX Coordinator.

The Title IX Coordinator will inform the Complainant and the Respondent

of the Hearing Board’s determination.

14) If the Hearing Board determines that a preponderance of the evidence

does not establish a violation of this Policy, the case will be closed,

though CIU reserves the right to take actions necessary for the well-being

of the parties involved and/or to address violations of CIU standards of

behavior.

15) If the Hearing Board determines that a violation of this Policy has

occurred, the Title IX Coordinator will inform the Complainant and

Respondent of the Respondent’s right to appeal the Hearing Board’s

decision in writing within five (5) business days.

16) If the Respondent indicates in writing a desire to appeal, the Title IX

Coordinator will convene an Appeal Board composed of three CIU faculty

and/or staff members trained in their responsibility to review the Hearing

Board’s action.

17) On appeal, the Title IX Coordinator may request additional investigation to

clarify any issues raised by the Hearing Board. Such investigation will be

assigned to the Title IX Investigator or another qualified person at the

discretion of the Title IX Coordinator, in which case the Title IX

Investigator or other qualified person will prepare a follow-up report

containing details of any interviews or materials received.

18) The Title IX Coordinator will provide the Complainant and the Respondent

with any Follow-Up Report and inform them of their right to each provide

an additional written statement to the Appeal Board.

19) The Appeal Board will review and discuss the investigation report, any

follow-up report and any written statements received from the

Complainant and Respondent. Neither the Title IX Coordinator nor the

Title IX Investigator will be present during the Appeal Board’s

deliberations.

20) The Appeal Board will make a determination regarding whether a

preponderance of the evidence establishes that this Policy has been

violated and report this and any other findings to the Title IX Coordinator.

The Title IX Coordinator will inform the Complainant and the Respondent

of the Appeal Board’s determination.

21) If the Appeal Board reverses the decision of the Hearing Board and

determines that there is not sufficient evidence of a violation of this

Policy, the case will be closed, though CIU reserves the right to take

actions necessary for the well-being of the parties and/or to address

violations of CIU standards of behavior. No further appeal will be

accepted.