Complainant and Respondent Rights in the Administrative Investigation Process
Both Complainant and Respondent are afforded certain rights within the Administrative Investigation Process, under the Butler University Sexual Misconduct Policy. These rights are summarized below. For a full explanation of rights, please refer to the Policy.
- Each party may select an advisor of their choice. The advisor may be internal or external to the University, but may not be a witness in the case or have University responsibilities that may create a conflict of interest. Advisors are permitted to be present in all phases of the Administrative Investigation Process, but may not participate in the process directly.
- Disability Accommodations
- Parties may seek reasonable accommodations for any part of the sexual misconduct process. Students should contact Student Disability Services (SDS) for assistance. Employees should contact their HR Consultant at firstname.lastname@example.org.
- Challenge to investigator impartiality
- The Title IX Coordinator will appoint an investigator to conduct a thorough, impartial, and equitable investigation. Each party will be notified of this appointment in writing. Complainant and Respondent each have the opportunity to challenge the appointment of the investigator for lack of impartiality. The challenge must be submitted in writing within three calendar days of notice of appointment, and must include a justification for the challenge.
- Submission of Relevant Information
- Complainant and Respondent will each have an opportunity to share their perspective with the investigator, to identify witnesses with information relevant to the alleged incident, and to provide written documentation relevant to the allegations. If either party chooses not to share relevant information, the investigation will continue without the benefit of their participation.
- Preliminary Investigation Report Review and Response
- Upon completion of the investigation, the investigator will prepare a Preliminary Investigation Report. The Report will include the investigator’s preliminary recommendation regarding responsibility, based on the preponderance of the information standard. Each party will be provided with the opportunity to review the Preliminary Report for seven calendar days, and to submit a response to the Report.
- After the seven-day response period, the investigator will provide each party with any response submitted by the other party. The parties will then have three calendar days to submit a final response to the Report. This is the last opportunity either party will have to provide information related to the case.
- Notification of Outcome
- The investigator will finalize the Investigation Report, incorporating any response from the parties they deem to be relevant, and making a final recommendation regarding responsibility and appropriate sanctions, if applicable. This Final Investigation Report will be submitted to the Title IX Coordinator, who will make a determination of responsibility using the preponderance of the information standard, and assign appropriate sanctions, if applicable. The Title IX Coordinator will provide written notice of the outcome to each party within 10 calendar days of receiving the report.
- Each party has the opportunity to appeal the Title IX Coordinator’s decision to the appropriate appellate official. Grounds for appeals are limited to the following: (1) procedural error or omission that significantly impacted the outcome of the case or (2) availability of new information that could substantially impact the outcome of the case. Instructions for submitting an appeal will be included in the notice of outcome.