The Lowdown 23-24

egarding disciplinary action to be taken against the perpetrator, as well as
remedial measures that may be necessary to remedy the effect of the sexual
misconduct on the complainant. Unlike informal resolution, formal
resolution involves an in-depth investigation and determination of facts
under a clear and convincing evidence standard. The formal resolution
process varies depending on whether the alleged perpetrator is a student,
faculty member, or non-faculty employee/other member of the University
Community.
5.4.2 Rules of Evidence
Formal rules of evidence do not apply in any of the formal resolution
processes specified below. Nonetheless, the information presented that is
irrelevant or whose prejudicial effect substantially outweighs its
probative value may be excluded from consideration. A complainant’s
irrelevant sexual history will be excluded from consideration.
5.4.3 Time Frames
The University will endeavor to conduct the formal resolution process
within a reasonable time frame. However, the time that it takes to complete
the process will be affected by circumstances such as the availability of
parties or witnesses, scheduling conflicts, intervening breaks, prior attempts
at informal resolution, the complexity of a case, and the need to avoid
interference with a pending law enforcement investigation. The parties will
receive written notification if extenuating circumstances are anticipated to
result in lengthy delays.
5.5 Formal Resolution Processes
5.5.1 Investigator
Complaints under this process will be investigated by the TIX
Investigator, or a designee, unless the TIX Investigator is the respondent,
in which case the investigator will be appointed by the TIX Coordinator.
5.5.2 Investigation
Once the case is identified for formal resolution, the TIX Investigator will
investigate to gather information and statements from witnesses and other
sources for eventual review and consideration at a hearing.
- 113 -