August 22, 2016
Findings (Student Misconduct)
At the conclusion of the Evidence Review and Hearing, Title IX Office prepares a Summary Administrative Review (SAR). The SAR is a report that presents and analyzes the information collected and makes findings of fact and policy violation.
In preparing the report, the investigator will review all evidence and determine what information is relevant and material to the incident; information that is irrelevant, more prejudicial than probative, or immaterial to the analysis is omitted from the document. The investigator will make findings of fact.
In consultation with the Title IX Coordinator and using a preponderance standard, the investigator will determine whether a Respondent violated this policy based on those findings of fact.
Typically, there are two possible outcomes:
- Responsible: a Respondent is found responsible if the preponderance of facts indicate that a Respondent violated this policy.
- Insufficient evidence: in some cases, there is insufficient evidence to make a finding. A conclusion that there is insufficient evidence does not mean a Respondent is found not responsible.
The SAR is provided to both parties upon completion. If there is a finding of responsibility, the SAR is forwarded to the Misconduct Sanctioning Panel. When there is insufficient evidence to make a finding, either party may directly appeal to the Appellate Panel.
The Title IX Office cannot and does not determine whether a crime has been committed. That can only be done through the legal process.