Investigation process summary

The following Sexual Misconduct Policy was in place for students of Occidental College until August 24, 2013. Any incident reported during the time the old policy was in place follows the procedures of the old policy. Any incident reported after August 24, 2013 will fall under the current Sexual Misconduct Policy.

The following is a general overview of the sexual misconduct investigation process. Please contact the Interim Title IX Coordinator at 323-259-2590 if you have any questions.

  1. The Interim Title IX Coordinator or designee meets with the complainant and describes the options available to them (internal and external options).
  2. If the complainant wants to address the issue via the college conduct process, the student will be asked to describe the incident verbally. They will also be given the option to provide a written account of the incident and asked to name any witnesses. (It should be noted that the Interim Title IX Coordinator will investigate the situation to the best of her ability if the student has shared enough details to permit an investigation to proceed.)
  3. Once the incident has been documented, the Interim Title IX Coordinator or designee will  assign the case for investigation to a minimum of two trained investigators. This investigation may or may not lead to a conduct hearing.
  4. Investigators begin work. They are responsible for collecting as much information as possible from witnesses, friends, the complainant, and the respondent. The investigators create a report of their findings. Character statements are not to be included as part of the investigator's report unless relevant.
  5. At an appropriate point in the investigation process, the Interim Title IX Coordinator or designee informs the respondent that a complaint has been made against this individual. Respondent is asked to provide his/her perspective of the incident.
  6. The Interim Title IX Coordinator or designee determines if reasonable cause exists to believe the sexual misconduct policy has been violated, and that the process should therefore continue.
  7. The Interim Title IX Coordinator or designee receives the investigation report and shares the investigative report with the complainant and the respondent. If there is no resolution at this point, the Interim Title IX Coordinator or designee may decide to move to a hearing.
  8. For hearings, the Interim Title IX Coordinator or designee selects three people from a trained pool of hearing officers (staff and faculty only) to hear the complaint and asks one of the hearing officers to serve as the Chair. The complaint is heard and a decision regarding responsibility is reached after reviewing all available information. The vote is by simple majority based on the preponderance of evidence standard (more likely than not that a violation of policy occurred).
  9. The Chair of the hearing panel shares the panel's decision with the Interim Title IX Coordinator or designee responsible for overseeing the complaint. The Chair also recommends appropriate sanctions within the parameters provided by the Interim Title IX Coordinator.
  10. The Interim Title IX Coordinator or designee informs both the complainant and respondent of the outcome. The notification of each party should occur at or near the same time.
  11. In cases where one of the parties requests an appeal, the other party is given an opportunity to view the request and comment and/or offer his/her own appeal so there is one appeal process. Appeals are sent to the Vice President for Academic Affairs/Dean of the College. The Vice President for Academic Affairs/Dean of the College forms an appeals committee to review the appeal request(s) and decide whether the appeal has standing. The appeal process will proceed as outlined in the Sexual Misconduct Policy.

Last updated June 3, 2013