February 15, 2019

Findings (Student Misconduct)

A. Findings after Evidence Hearing

At the conclusion of the Evidence Hearing, Title IX Office prepares a Summary Administrative Review (SAR). The SAR is a report that presents and analyzes the information collected during the investigation and presented at the hearing and makes findings of fact and policy violation.

In preparing the report, the investigator will independently review all evidence collected and presented at the Evidence Hearing, assess credibility, and determine what information is relevant and material to the incident. 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.

B. Findings after Live Hearing

At the conclusion of the Live Hearing, the adjudicator prepares a Summary Administrative Review (SAR). The SAR is a report that presents and analyzes the information collected during the investigation and presented at the hearing and makes findings of fact and policy violation.

In preparing the report, the adjudicator will independently review all evidence collected and presented at the Live Hearing, assess credibility, and determine what information is relevant and material to the incident. The adjudicator will make findings of fact and using a preponderance standard, will determined whether a Respondent violated this policy based on those findings of fact.

C. Possible outcomes

Typically, there are two possible outcomes:

(1) Responsible: a Respondent is found responsible if the preponderance of facts indicate that a Respondent violated this policy.
(2) 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.

Neither the Title IX Office nor the adjudicator determines whether a crime has been committed. That can only be done through the legal process.