24 LEHIGH UNIVERSITY All investigators receive annual training on issues related to dating violence, domestic violence, sexual assault, stalking, sexual exploitation, or any other form of sexual harassment or sexual misconduct covered by University policy, as well as on the University’s policies and procedures. A Title IX Sexual Harassment case may be resolved without an adjudication or informal/formal resolution in certain circumstances: 1. the complainant requests dismissal of the formal complaint; 2. the Title IX Coordinator determines that specific circumstances prevent the University from gathering evidence sufficient to reach a determination; or 3. the respondent withdraws or is no longer employed by the University. Similar circumstances may require a University-Defined Sexual Harassment case to also be resolved without an adjudication or informal/formal resolution. Investigation The investigators will collect information and interview witnesses and other involved parties in an attempt to gather as much information as possible. Once the initial round of interviews and information gathering is complete, the investigators may exercise their discretion in whether or not to speak to any additional witnesses, collect any additional information, or ask follow-up questions of any witnesses. In a Title IX Sexual Harassment case, all evidence collected during the investigation will be provided to the parties to inspect and review. The parties may submit written responses to the evidence. The investigators will also provide the parties with the opportunity to review the draft investigation report that summarizes relevant evidence. The parties may also submit written responses to the draft investigation report. The investigators will review any received written responses and may elect to make changes to the investigation report while finalizing the report. The investigators will provide the final investigation report, along with any written responses submitted by the parties during their review of the evidence and the draft investigation report, to the parties prior to any hearing. In a University-Defined Sexual Harassment case, once the investigation is complete, the investigators will draft an investigation report that will include the information gathered and possible University policy violations based on the information gathered. The parties (and their advisors) may review the draft investigation report and provide comments concerning the information contained in the report. The investigators will review any written responses and may elect to make changes to the investigation report while finalizing the report. The investigators will provide the final investigation report, along with any written responses submitted by the parties during their review of the draft investigation report, to the parties following transmission of the final investigation report to the Conduct Officer assigned to the case. Informal Resolution In a Title IX Sexual Harassment case, at any time after a formal complaint has been filed, the parties may voluntarily choose to resolve the matter through informal resolution. The Title IX Coordinator will assess whether informal resolution is appropriate for the situation, and/ or which form of informal resolution may be the most successful for the parties. Any party participating in an informal resolution may stop the process at any time and begin or resume the formal grievance process. Informal resolution may involve: 1. alternate resolution (such as mediation or restorative practices); 2. the respondent accepting responsibility for alleged policy violations, conditioned on whether the parties and the University can agree on responsibility, sanctions, and/or remedies; or 3. a negotiated agreement that resolves the allegations to the satisfaction of the parties and the University. In a University-Defined Sexual Harassment case, a complainant may request to resolve a report utilizing the informal resolution process prior to the filing of a complaint, or any time after a complaint has been filed. The Title IX Coordinator will assess whether informal resolution is appropriate for the situation, and/or which form of informal resolution may be the most successful for the parties. Informal resolution may not be used in certain instances, including instances in which a complaint has been filed previously against the respondent. The informal resolution process is voluntary and involves having a facilitator help to resolve the issues between the parties. Informal resolution may involve asking the respondent to modify or stop the behavior, separating the complainant and the respondent, and/or reaching a mutually acceptable agreement. If informal resolution is unsuccessful or the complainant is dissatisfied with the informal resolution process, the complainant may terminate the informal resolution process at any time and proceed with a complaint and the formal resolution process.
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