Investigation Procedure & Process 

Some notes on our process: 

• Neutrality & Evidentiary Standard  - The OCRTIX is a neutral fact finder, and investigators assigned to conduct an investigation will be impartial. In conducting investigations, the OCRTIX will use a preponderance of the evidence standard in making factual determinations. Preponderance of the evidence means the fact in issue is more probably true than not. 
• Investigation Timeframe - The OCRTIX will strive to complete investigations, including issuance of a final administrative report to the complainant and respondent, in as timely and efficient a manner as possible within 60 days of receipt of a formal complaint. However, this timeframe may be extended based on factors such as schedule and availability of witnesses, holidays or semester breaks including summer break, and complexity of the complaint. If an investigation cannot be completed within 60 days of receipt of the formal complaint, then the investigator will notify the complainant and respondent of that fact and provide an updated timeframe for completing the investigation. 
• Confidentiality - All information shared with the OCRTIX is treated with discretion and tact. Nevertheless, certain information provided to our office and our staff may need to be disclosed to other university officials. The OCRTIX will handle complaints discreetly, but cannot guarantee confidentiality or anonymity, because the university has an obligation to investigate complaints and to maintain a safe environment free from harassment and discrimination. 
• Abuse of the Complaint Resolution Process - The university takes all complaints seriously. However, knowingly filing a false complaint is considered serious misconduct and is subject to sanction. An individual who establishes a pattern of repeatedly filing frivolous complaints that harass colleagues and/or abuse the complaint resolution process may lose the right to file complaints for a specified period of time. Such cases shall be treated in accordance with the provisions of University Senate Rules and Regulations section 6.5.4, Abuse of Grievance Process
• Notice regarding retaliation — Individuals involved in a complaint (e.g., complainant, respondent, witnesses and appropriate administrators or supervisors) will be informed that retaliation by an individual or an individual's associates against any person who files a formal complaint or any person who participates in the investigation of a complaint is prohibited. Individuals who engage in retaliation are subject to disciplinary action. 
• Contact with complainant — If the investigator did not speak with the complainant at the time that the formal complaint was received by the OCRTIX, the investigator will meet or speak with the complainant at the start of the investigation and throughout the investigation, as appropriate.
• Representation/Advisors — In any meeting with the investigators, the complainant and respondent may bring a representative/advisor to the meeting. If the representative is an attorney, the party must notify the OCRTIX in writing at least 3 business days before the meeting date. 

Investigation Steps 

After receipt of a formal complaint and determination that an investigation is appropriate, the investigation will include the following steps: 

1. Notice of Allegations and Investigation — The respondent will be provided with a copy of the formal complaint in writing (the complainant also will receive a copy of this notification). This will include the name of the complainant, any witnesses listed, and a summary of the alleged concerning behavior. The respondent will be provided with an opportunity to meet with the investigator and to respond to the allegation, as well as information about their rights and resources. Respondents may respond to the allegations in person or in writing within a reasonable time to be determined by the investigator. If a respondent chooses not to participate, or refuses to answer a complaint, the non-participation will not prevent the investigation from proceeding and could result in a finding based solely on the information provided by the complainant and witnesses. 
   
    
2. Information relevant to investigation — The complainant and respondent will be informed that they have the opportunity to identify witnesses, present witness statements, and any other evidence they believe relevant to the investigation. The investigator will interview other persons the investigator determines to be necessary to gather relevant information. The investigator will review any evidence, including written materials, emails, or other media that the investigator believes may provide relevant information regarding the complaint. 
   
    
3. Initial Draft of Report — The investigator will provide a draft of the administrative report of their investigation to the complainant and respondent. The parties have 10 business days to provide the investigator with any feedback or questions. The investigator may then incorporate any relevant feedback, and/or continue to investigate the matter depending on the nature of the feedback. 
   
    
4. Final Administrative Report & Findings — The investigator will provide an administrative report of their investigation to the complainant and respondent within a reasonable time following the conclusion of the investigation. In some cases, the administrative report will include findings (i.e., a determination as to whether OCRTIX policy was violated).  
   
   
   
   In addition, the investigator will provide the administrative report and recommendations, if any, to the appropriate administrators within the university. These administrators will determine the appropriate action to be taken in light of the report. The appropriate university office depends on whether the respondent is a student, staff member, or faculty member. The administrators will have 20 working days from receipt of the report to determine, in consultation with the OCRTIX, an appropriate resolution. Resolutions of investigations may be informal or formal and may require a hearing in some cases. Upon making their decision, the administrators will provide written notification of their decision to both the complainant and the respondent. 
   
   
   
   Click here for a full list of decision makers and appellate officers for OCRTIX cases.