Formal Investigation
A formal investigation is conducted to determine whether violations of OCR policy have occurred. Violations may result in sanctions and corrective actions.
The Office of Civil Rights and Title IX Compliance (OCR) offers a number of resolution options for reports of sexual misconduct. Your preferences regarding resolution are important. Resolution options differ greeatly and your preferences are important. Compare resolution pathways below to figure out which is right for you.
A formal investigation is conducted to determine whether violations of OCR policy have occurred. Violations may result in sanctions and corrective actions.
Through the alternative resolution process, parties develop remedies to address the harm(s) caused and the needs of the parties.
Educational response is nondisciplinary and can include trainings, meetings, or an advisory letter, among other options. It does not preclude further steps, including formal investigation or alternative resolution.
Common Questions | Formal Investigation | Alternative Resolution | Educational Response |
---|---|---|---|
Will my information be confidential? |
The University considers reports and investigations to be private matters for the parties involved and will protect their identities to the best of its ability. The University will only share personally identifiable information with necessary persons (i.e., to investigate and respond or to provide resources or support services). | The University considers reports and investigations to be private matters for the parties involved and will protect their identities to the best of its ability. The University will only share personally identifiable information with necessary persons (i.e., to investigate and respond or to provide resources or support services). | The University considers reports and investigations to be private matters for the parties involved and will protect their identities to the best of its ability. The University will only share personally identifiable information with necessary persons (i.e., to investigate and respond or to provide resources or support services). |
Will my name be shared with the other party? |
Yes. During a Formal Investigation, the identity of the Complainant(s) and Respondent(s) will be shared with the other party. | Yes. In order to facilitate an alternative resolution, both parties must know the identity of the other party. | Sometimes. OCR may be able to conduct an educational response without identifying the Complainant. However, in some circumstances it may be necessary to reveal the identity of the Complainant to the Respondent during an educational response. |
Will there be an investigation? |
Yes. During a Formal Resolution, a trained Civil Rights and Title IX Specialist or external investigator will conduct an investigation. | No. While the Alternative Resolution Facilitator may gather information from the parties to better understand the conduct and facilitate the alternative resolution, they will not conduct an investigation. | No. OCR does not conduct an investigation into the alleged conduct during an educational response. |
Will there be disciplinary action for the Respondent? |
Possibly. If there is a finding that the policy has been violated, the office/entity responsible for sanctions may issue disciplinary action | No. | No. |
Is a formal report required to take this option? |
Pursuant to the Interim Policy on Title IX Sexual Harassment, the University must receive a Formal Complaint to initiate a Formal Investigation. | Pursuant to the Interim Policy on Title IX Sexual Harassment, the University must receive a Formal Complaint to initiate an Alternative Resolution. | No. |
Is there a hearing? |
Formal Investigation under the Interim Policy on Title IX Sexual Harassment includes a hearing; however, there is no hearing under the Policy on Discrimination, Harassment, and Sexual Misconduct. | No. | No. |
Do I have to participate in the hearing? |
No. Neither party nor any witnesses are required to participate in the hearing. | N/A. | N/A. |
Can the respondent appeal the resolution or sanctions? |
Yes. | No. | N/A. |
Can the Complainant appeal the resolution or sanctions? |
Yes. | No. | N/A. |