FlU Student Handbook 2017-2018 - page 146

Policies & Regulations
• Arranging for medical services
• Providing academic support services, such as tutoring
• University-imposed leave, suspension, or separation
for the Responding Party
• Any other feasible measure(s) which can be tailored
to the involved individuals to achieve the goals of
this Regulation
All individuals are encouraged to report concerns about
the adequacy of the Interim Protective Measures or
failure of another individual to abide by any Interim
Protective Measure to the Title IX Coordinator. Violations
of Interim Protective Measures will be addressed in
accordance with this Regulation. The Title IX Coordinator
will take appropriate, responsive, and prompt action to
enforce Interim Protective Measures and/or to respond to
Retaliation by another party or witness.
VII. INVESTIGATION OF A REPORT OF A POTENTIAL
VIOLATION OF THIS REGULATION AND
RESOLUTION OF AN INVESTIGATION
If, after an initial assessment of a report of a Prohibited
Conduct, the Title IX Coordinator determines that an
investigation is necessary, the Title IX Coordinator
will oversee the investigation. If Reporting Party and
the Responding Party are students, the Director of
Student Conduct and Conflict Resolution/Deputy Title
IX Coordinator will work with the Title IX Coordinator
regarding the investigation. All investigations will be
conducted in a prompt fashion to determine what
occurred and whether steps must be taken to resolve
the situation. The investigation phase will be completed
within 60 calendar days from the filing of a report or
when the University becomes aware of behavior that
may be a violation of this Regulation. The parties will be
advised of any extension of time as needed to complete
the investigation phase.
There may be instances in which a Reporting Party is
unable or unwilling to pursue a report of Discrimination,
but where the University administration is aware of the
behavior. In such instances, the Title IX Coordinator may
choose to pursue an investigation of the alleged offense.
The decision of whether or not to take further action on a
report will be based on an assessment of safety and the
maintenance of a non-discriminatory environment.
The investigation may include, but shall not be limited
to, interviewing the Reporting Party and the Responding
Party regarding the allegations, interviewing other
persons who may have information relevant to the
allegations, preparing witness statements for all persons
interviewed, and reviewing of any relevant documents.
Upon completion of the investigation, a report shall be
prepared which includes a summary of the complaint, a
description of the investigation, and the findings of fact.
A. Resolution of the Investigation When Both
Parties are Employees or if the Responding Party
is an Employee and the Reporting Party is a
Student
If the Reporting Party and Responding Party are
employees or if the Responding Party is an employee and
the Reporting Party is a student, the investigation report
shall be given to the following people at the same time:
the Vice President for Human Resources or designee,
the Reporting Party, the Responding Party, the immediate
supervisor of the Responding Party, and the appropriate
vice president or department head for additional action
as necessary.
Either party may seek review of the investigation report to
the Vice President for Human Resources or a designee by
filing an appeal within three (3) calendar days of receipt
of the investigation report. The appeal shall be based on
one or more of the following: relevant evidence was not
reviewed and/or new evidence is available, or the factual
evidence was insufficient to support the findings. The
appeal shall be in writing and shall set forth the issues to
be considered in the appeal. Copies of the appeal shall
be provided to the other party. The other party may file a
response to the appeal to the Vice President for Human
Resources or designee within three (3) days of receipt
of the appeal. The Vice President for Human Resources
or designee shall issue a written finding within three (3)
calendar days after receipt of the appeal, or of a response
to the appeal, whichever is later, and will give the report
to all parties at the same time. These deadlines may be
extended provided all parties mutually agree in writing to
the extension.
Upon final acceptance by the Vice President for Human
Resources or designee of a written finding that there
was a Preponderance of Evidence that an employee
violated this Regulation, the Director of Employee Labor
and Relations Department, the immediate supervisor of
the Responding Party, and the Title IX Coordinator will
determine the disciplinary action to be taken against the
Responding Party. The resolution of the complaint will be
communicated to the Reporting Party and the Responding
Party at the same time. Disciplinary action shall be taken
in accordance with the Regulations and policies affecting
the class of employee and the terms of any applicable
collective bargaining agreement.
B. Resolution of the Investigation When Both
Parties are Students or the Reporting Party is an
Employee and the Responding Party is a Student
If the Reporting Party and Responding Party are students
or if the Reporting Party is an employee and the
Responding Party is a student, the investigation report
shall be given to the Reporting Party, the Responding
Party, and the Director of Student Conduct and Conflict
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