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University of South Alabama Student Handbook

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5.2 Timing, Notification, and Initiation of Process<br />

5.2.1 Timing of Investigation and Resolution<br />

<strong>The</strong> University will endeavor to conclude its investigation and resolution of<br />

the formal complaint promptly. <strong>The</strong> complainant (including a complainant<br />

who elected not to proceed with filing a formal complaint and a<br />

complainant who filed a formal complaint and subsequently withdrew) and<br />

the respondent will be given periodic updates regarding the status of the<br />

investigation. If either the complainant or respondent needs additional time<br />

to prepare or to gather their witnesses or information, they shall notify the<br />

TIX Investigator in writing explaining how much additional time is needed<br />

and why it is needed. <strong>The</strong> TIX Investigator shall respond to any such<br />

request promptly.<br />

Some instances of sexual misconduct may also constitute criminal conduct.<br />

In the case where alleged criminal conduct has also been reported to law<br />

enforcement, the University may temporarily delay its investigation of the<br />

complaint where necessary to avoid interfering with law enforcement.<br />

However, the pendency of a criminal investigation does not serve as a<br />

substitute for these procedures, and the investigation and resolution process<br />

will commence promptly once, in the University’s sole discretion,<br />

interference is no longer a concern. In addition, because the University’s<br />

process is separate and distinct from any criminal prosecution, the<br />

University’s determination will not be held in abeyance due to the<br />

pendency of a criminal trial.<br />

5.2.2 Complaints Involving Multiple Parties<br />

In most cases, a formal complaint will involve a single complainant and a<br />

single respondent. To the extent multiple complainants are making formal<br />

complaints against a single respondent, or a single complainant making<br />

formal complaints against multiple respondents, each formal complaint will<br />

be addressed separately under this Complaint Resolution Procedure unless<br />

the formal complaints arise from the same transaction of facts.<br />

To the extent multiple formal complaints arise from the same transaction of<br />

facts, the TIX Investigator, in consultation with the Title IX Coordinator or<br />

their designee may merge the formal complaints into a single investigation<br />

and resolution process.<br />

Similarly, where the respondent makes a reciprocal allegation of sexual<br />

misconduct or where the complainant later makes additional allegations that<br />

relate to the original formal complaint, the TIX Investigator, in consultation<br />

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