As already explained, following the initial assessment, the Deputy/Title IX Coordinator decides whether to have further investigation, and if so, will designate an investigator who has specific training and experience. The investigator may be an employee of CCA or an external investigator engaged to assist CCA in fact gathering. The Title IX Coordinator retains the right to designate an external investigator because sometimes the College will not have enough or the right kind of resources.

Whether the investigator is internal or external, the role of the investigator is to be a neutral fact-finder. The investigator may also designate another trained colleague to assist in interviewing parties, identifying and locating witnesses, and in gathering other facts and evidence. The investigator will conduct an investigation in a manner deemed appropriate in light of the circumstances of the case and will cooperate with law enforcement authorities to the extent necessary.

A typical investigation will include interviews with the Complainant, the Respondent and third-party witnesses, collection of available physical, documentary and other evidence, and photographs may be taken. The Complainant, the Respondent and any third-party witnesses may present witnesses or other evidence to the investigator for consideration. Information collected during the initial intake and assessment will be forwarded to the investigator. If any law enforcement agency is also investigating the incident, the CCA investigator may defer to the police department for the collection and preservation of evidence.

The investigator will compile the details of the investigation into an investigative report, which will contain summaries of the interviews, photographs (if available) and other related evidence or duty logs and also a detailed analysis of the events. Before finalizing a witnesses’ statement, the investigator may send a draft of the statement to the individual to allow them a chance to add to it or make any suggested changes to their statement.

The investigative report will be prefaced with a summary of findings and recommended actions. In this summary the investigator will:

• State the initial complaint;
• Outline the details of the investigation;
• State, whether, using a preponderance of the evidence standard, it is more likely than not that policy violation(s) occurred; and
• If requested by the Deputy/Title IX Coordinator, include any recommended sanctions or corrective actions to be taken.

If requested by the Deputy/Title IX Coordinator to make recommendations, the investigator may recommend that CCA impose certain sanctions or take certain corrective action; however, the decision to select and implement, appropriate sanctions or corrective action, if any, remains at all times within the authority of CCA.

The completed investigative report normally will be submitted within thirty (30) days of the intake. However, depending on the complexity of the case, additional time may be needed to complete the investigation.

Whenever an investigation takes place, the investigative report will be forwarded to the Deputy/Title IX Coordinator of CCA who will review the investigator's fact-finding determination and make a determination as to the next steps in the process.

The Deputy/Title IX Coordinator will decide whether the matter requires live hearings as set forth in the Live Hearing section, whether to accept the recommendations for sanctions/corrective action (if any); or whether to issue or recommend to an officer of CCA, different sanctions/corrective action.

Continue to What is a Live Hearing?