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Investigative Process Overview

  1. The Office of Student Experience reviews the Incident Report and meets with all involved parties to investigate the incident. This may include the reporting party (the Complainant), the Responding Student and any witnesses who may have information related to the incident.
  2. When an allegation is made that a student engaged in conduct prohibited by the Comprehensive Sexual Misconduct and Relationship Violence policy, the Title IX Coordinator is responsible for conducting the investigation that informs the Student Conduct Process and for providing the information, support and services required by the Comprehensive Sexual Misconduct and Relationship Violence policy.
  3. At any point during the Student Conduct Process, the Office of Student Experience or the Title IX Coordinator may place interim restrictions or requirements on a Responding Student or other involved parties to ensure the safety and security of the campus community. These actions include, but are not limited to, no contact orders, limiting presence on campus or modifications to class attendance. In situations where temporary suspension is recommended, the decision rests with the Vice President of Student Services.
  4. During investigative interviews, the Office of Student Experience provides the Responding Student with a copy of the Incident Report and explains the Student Conduct Process to all involved parties. Investigations of complaints subject to the Comprehensive Sexual Misconduct and Relationship Violence policy will be conducted pursuant to that policy.   
  5. The investigator will use a preponderance of the evidence standard (“more likely than not”) in determining whether the Responding Student violated any policies or rules of the University.  For investigations conducted pursuant to the Comprehensive Sexual Misconduct and Relationship Violence policy, the Title IX Coordinator will issue an Investigative Report with recommendations for resolution of the incident and will distribute the Report to the Office of Student Experience when the Respondent is a student. 
  6. As soon as possible following the completion of the investigation, the Office  of Student Experience or the Title IX Coordinator for investigations conducted pursuant to the Comprehensive Sexual Misconduct and Relationship Violence policy will communicate in writing via NLU email to notify the Complainant and Responding Student whether formal charges will result from the alleged behavior.
  7. If no formal charges result, the Student Conduct Process is complete and this incident does not constitute a student conduct record for the Responding Student. For complaints subject to the Comprehensive Sexual Misconduct and Relationship Violence policy, however, the Complainant may file an appeal with the Vice President of Student Services or designee and request a hearing according to that policy.  The Vice President for Student Services or designee will review the investigative file and the appeal and determine whether the evidence indicates a hearing is appropriate. 
  8. If formal charges result or a hearing is scheduled pursuant to the Comprehensive Sexual Misconduct and Relationship Violence policy, the written communication shall include:

    a) A description of the alleged misconduct.

    b) Specific provisions of University policy that are alleged to have been violated.

    c) Directions and deadline to the Responding Student regarding his/her choice to plead                   Responsible or Not Responsible for each alleged violation.