Upon receipt of an allegation of sexual misconduct, an investigator / conduct officer will be assigned to review the allegation(s). If the allegation(s) were determined based on a preponderance of evidence to be substantiated and in violation of EWU policy, the investigator / conduct officer will ensure the allegation(s) is investigated in an impartial, prompt and fair manner. The process will be equitable for both involved parties.
Allegation(s) against a student
The Director of Student Rights and Responsibilities will conduct a summary hearing for all allegation(s) that will not result in a suspension or expulsion. If the allegation(s) could result in an suspension or expulsion, the allegation(s) will be investigated and handled through a formal hearing with an designated Conduct Review Officer.
Allegation(s) against an employee
The Title IX Coordinator or designee will conduct a fact finding investigation and determine based on a preponderance of evidence whether the allegation(s) are substantiated or unsubstantiated. Allegation(s) that are substantiated will be reviewed by the employee's supervisor to determine whether a violation of policy occurred.
Allegation(s) against non-student or non-employees.
If the Respondent is a non-community member EWU may not conduct an investigation due to the fact EWU will not have jurisdiction. However, Complainants will still receive resources and offered assistance with filing a complaint with law enforcement or another university if the Respondent is a community member at a different institution.
Complainant's that report sexual misconduct
A Complainant will be advised of resources, explained their rights, and reporting options. The Complainant will decide whether they want to proceed with the formal complaint process, resolve their concerns informally (employee option only) or decide not to participate in the complaint process. If a Complainant has decided to file a complaint, they will be informed of the name of the investigator / conduct officer assigned to their investigation. The Complainant may provide a statement, evidence and identify witnesses. At the conclusion of the investigation / hearing, the Complainant will be provided notice of the outcome.
Respondent's notice of an investigation / allegation
A Respondent will receive a Notice of Investigation (NOI) or Notice of Allegation (NOA) which will inform them of the allegation(s) made against them, the resources available to them, their rights, and the name of the investigator / conduct officer assigned to their investigation. A Respondent may provide a statement in response to the allegation(s), present evidence and identity witnesses. At the conclusion of the investigation / hearing, the Respondent will be provided notice of the outcome.