Appendix A: Notice and Investigation Procedures in Gender-Based Misconduct Cases
Belongs To Collection(s)
> student handbook us edition
> student code of conduct
This supplements the provisions of the Conduct Process set forth above.
A. Notice of Investigation and Allegations
For Gender-Based Misconduct cases, both parties will receive notice of the complaint and of the commencement of an investigation within five (5) business days of the initial evaluation and confirmation of a complainant's desire to move forward with the Conduct Process, which will typically occur within seven (7) business days of receipt of a complaint. The notice will provide important rights and responsibilities of the parties and will include at least the following information:
- Details regarding the specific charges alleged under this Code of Conduct, the resolution process, and any informal resolution process, if applicable.
- Sufficient information available at the time to allow the parties to respond to the allegations, including the identities of the parties involved in the incident(s), the conduct alleged to constitute Gender-Based Misconduct and the date(s) and location(s) of the alleged incident(s).
- That New York Tech prohibits retaliation during and after the process.
- That New York Tech prohibits knowingly making false statements or knowingly submitting false information during its grievance procedures.
- That the respondent is presumed not responsible for the alleged misconduct until a determination is made at the conclusion of the conduct process, and that prior to such a determination, the parties will have an opportunity to present relevant and not otherwise impermissible evidence (as defined in the code).
- That the parties may have an advisor of their choice who may, but is not required to be an attorney.
- Information about the assigned investigator and next steps in the investigation.
- Information about the privacy and confidentiality of the process.
- That the parties are entitled to an equal opportunity to access an investigative report that accurately summarizes the evidence, and upon request, an equal opportunity to access the relevant and not impermissible evidence upon which the report is based.
- Possible sanctions that may result from a finding of responsibility.
Amendments and updates to the notice may be made as the investigation progresses and more information becomes available regarding the addition or dismissal of various allegations.
B. Ensuring Impartiality
Any individual materially involved in the administration of the Code of Conduct process for a Gender-Based Misconduct allegation, including the Title IX Coordinator, investigator(s), and decision-maker(s)/student conduct panelists, may neither have nor demonstrate a conflict of interest or bias for a party generally, or for a specific complainant or respondent.
The Title IX Coordinator will vet the assigned investigator(s), student conduct panelists, and appeal panelists for impartiality by ensuring there are no actual or apparent conflicts of interest or disqualifying biases. The Title IX Coordinator will also ensure all have been properly trained. Concerns of bias or conflict regarding the Title IX Coordinator may be made to the Vice President for Equity and Inclusion.
Whenever a designee is substituted for the Title IX Coordinator, New York Tech will ensure that the designee is appropriately trained and has authority to take corrective action. New York Tech will endeavor to designate one of its Deputy Title IX Coordinators when available.
The investigation and conduct process involve an objective evaluation of all available relevant and not otherwise impermissible evidence, including evidence that supports that the respondent engaged in a Code of Conduct violation and evidence that supports that the respondent did not engage in a Code of Conduct violation. Credibility determinations will not be based solely on an individual's status or participation as a complainant, respondent, or witness.
All parties will have a full and fair opportunity, throughout the process, to suggest witnesses and questions, to provide evidence, and to receive a written investigation report that accurately summarizes this evidence.
C. Ensuring Promptness
New York Tech will complete investigations in the conduct process with reasonable promptness, depending upon the complexity of the matter and the number and availability of witnesses, but generally in no more than 60 days.
If a party or witness chooses not to participate in the process or becomes unresponsive, New York Tech reserves the right to continue it without their participation to ensure a prompt resolution. Non-participatory or unresponsive parties retain the rights outlined in this Code of Conduct and the Gender-Based Misconduct and Title IX Policy, where applicable.
New York Tech may undertake a short delay in its investigation (several days to a few weeks) if circumstances require. Such circumstances may include but are not limited to the need for language assistance, the absence of parties and/or witnesses, and/or health conditions. The investigation and conduct process will run concurrently with any criminal justice investigation and proceeding, except for temporary delays as requested by external municipal entities while law enforcement gathers evidence. Temporary delays should not last more than ten (10) business days except when law enforcement specifically requests and justifies a longer delay.
New York Tech will promptly resume its process as soon as feasible. During any unavoidable delay, New York Tech will implement and maintain supportive measures for the parties as deemed appropriate.
D. Investigation
All investigations are thorough, reliable, and impartial. They involve interviewing all relevant parties and witnesses, multiple times if necessary, obtaining relevant evidence, and identifying sources of expert information, as necessary.
Interviews may be conducted in person, via online video platforms (e.g., Zoom, Microsoft Teams, FaceTime), or, in limited circumstances, by telephone. New York Tech will take appropriate steps to ensure the security/privacy of remote interviews.
It is within the discretion of the investigator to record interviews—if the investigator is going to record, the parties will be informed of that fact, and the recording will be done equally for all parties in an investigation. If interviews are recorded, the parties may review copies of their own interviews upon request. No audio or video recording by anyone besides the investigator is permitted during investigation meetings.
When participation of a party is expected, the investigator will provide that party with written notification of the date, time, and location of the meeting, as well as the expected participants and purpose. The investigator will also make good faith efforts to notify each party of any meeting or interview involving another party and to provide the parties with status updates throughout the course of the investigation.
The investigator will allow each party the opportunity to suggest witnesses and questions they wish the investigator(s) to ask of another party and/or witness. The investigator will ask those questions deemed relevant and permissible, and for any question deemed not relevant, the investigator will provide a rationale for not asking the question.
After an interview, parties and witnesses may be asked to verify the accuracy of the summary of their interview. Where possible, the investigator will complete the investigation promptly and without unreasonable deviation from the intended timeline.
Upon conclusion of the investigation, the investigator will write a draft investigation report that gathers, assesses, and synthesizes the evidence, accurately summarizes the investigation and interviews conducted, identifies witnesses, and provides all relevant evidence considered. The draft investigation report will be provided to the parties and their respective advisors with at least ten (10) business days for inspection, review, and an opportunity to respond prior to the investigator finalizing the report. The parties may elect to waive all or part of the review period.
Once finalized, the investigator will share the final investigation report with the Student Conduct Officer and the parties. The Student Conduct Officer will then contact the parties to schedule information meetings, as described above.