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Title IX Coordinator
from On-Call Manual
sexual assault occurs may be hesitant to report such incidents due to fear of potential consequences for their own conduct. LIU strongly encourages students to report incidents of domestic violence, dating violence, stalking or sexual assault to institution officials. A bystander or reporting individual acting in good faith that discloses any incident of domestic violence, dating violence, stalking or sexual assault to LIU officials or law enforcement will not be subject to LIU’s code of conduct action for violations of alcohol and/or drug use policies occurring at or near the time of the commission of the domestic violence, dating violence, stalking or sexual assault.
Title IX Investigation Procedures and Protocols
The Title IX Coordinator and/or Title IX Deputies will initiate any and all necessary investigations in coordination with the Title IX Investigator.
The Investigation
The Title IX Investigator will conduct a prompt, thorough and impartial investigation of the complaint in the manner he or she deems necessary. The parties to the complaint will each have an equal opportunity to be heard and to present relevant witnesses and evidence during the investigation process. The parties will also be informed of the status of the investigation as deemed appropriate. Depending on the circumstances, interim measures that the University may provide include, but are not limited to, ‘no contact’ orders, health and counseling services, room or class reassignments, and any other step to ensure the safety and well-being of the reporting individuals. Evidence should be preserved to assist in the investigation at all times.
If a victim/survivor chooses to notify law enforcement and proceed with a criminal investigation and/or prosecution, the University may conduct a parallel investigation and may seek to work in coordination with these entities.
It should further be noted that if a reporting individuals request for confidentially limits the University’s ability to investigate a particular matter, the University will take steps to limit the effects of the alleged sexual misconduct and prevent its recurrence without initiating formal action against the alleged perpetrator or revealing the identity of the reporting individual. Examples include but are not limited to: providing increased monitoring, supervision, or security at locations or activities where the misconduct occurred; providing training and education materials for University Community members; revising and publicizing the University’s policies on sexual misconduct; and conducting climate surveys regarding sexual misconduct.
Preponderance of Evidence Standard
The Title IX Investigator utilizes the following standard for evaluating complaints - a preponderance of the evidence. i.e., the investigator shall determine whether it is more likely than not that the alleged discrimination, harassment or violence occurred. If it is determined that a violation of the University's discrimination or harassment policy has occurred, prompt remedial action shall be taken.
No form of mediation will be used to address allegations of sexual misconduct. The outcome of the investigation - The nature of the remedial action and the process for its implementation will depend upon the particular facts and circumstances. Absent unusual circumstances, a final recommendation should be issued within sixty (60) days of receipt of the complaint. Both the