Investigation
A. Commencement and Timing
After the written notice of Formal Complaint is transmitted to the parties, an investigator selected by the Title IX Coordinator will undertake an investigation to gather evidence relevant to the alleged misconduct, including inculpatory and exculpatory evidence. The burden of gathering evidence sufficient to reach a determination in the adjudication lies with Goldfarb and not with the parties. The investigation will culminate in a written investigation report, specified in Section XV.E, that will be submitted to the adjudicator during the selected adjudication process. Although the length of each investigation may vary depending on the totality of the circumstances, Goldfarb strives to complete each investigation within thirty (30) to forty-five (45) days of the transmittal of the written notice as specified in this Section XV.A.
B. Equal Opportunity
During the investigation, the investigator will provide an equal opportunity for the parties to be interviewed, to present witnesses (including fact and expert witnesses), and to present other inculpatory and exculpatory evidence. Notwithstanding the foregoing, the investigator retains discretion to limit the number of witness interviews the investigator conducts if the investigator finds that testimony would be unreasonably cumulative, if the witnesses are offered solely as character references, or if the witnesses are offered to render testimony that is categorically inadmissible, such as testimony concerning sexual history of the Complainant, as specified in Section XXII. The investigator will not restrict the ability of the parties to gather and present relevant evidence on their own.
The investigation is a party’s opportunity to present testimonial and other evidence that the party believes is relevant to resolution of the allegations in the Formal Complaint. A party that is aware of and has a reasonable opportunity to present particular evidence and/or identify particular witnesses during the investigation, and elects not to, will be prohibited from introducing any such evidence during the adjudication absent a showing of mistake, inadvertence, surprise, or excusable neglect.
C. Documentation of Investigation
The investigator will take reasonable steps to ensure the investigation is documented. Interviews of the parties and witnesses may be documented by the investigator’s notes, audio recorded, video recorded, or transcribed. The particular method utilized to record the interviews of parties and witnesses will determined by the investigator in the investigator’s sole discretion, although whatever method is chosen shall be used consistently throughout a particular investigation.
D. Access to the Evidence
- During the Evidence-Gathering Phase of the Investigation
During an investigation, a party has the reasonable opportunity, upon the party’s request, to conduct an in-person inspection and review of evidence obtained up to that point that is directly related to the allegations raised in the Formal Complaint, including evidence Goldfarb may choose not to rely on at any hearing and inculpatory or exculpatory evidence whether obtained from a party or some other source. A request to inspect and review evidence should be made in writing to the investigator a reasonable amount of time before the party seeks to conduct the inspection and review. The investigator will make a reasonable attempt to accommodate the request but may deny any request that is untimely, that conflicts with the investigator’s availability, that is cumulative, or that is otherwise unreasonable.
- Prior To Issuance of the Investigation Report
At the conclusion of the evidence-gathering phase of the investigation, but prior to the completion of the investigation report, the investigator will transmit to each party and their advisor, in either electronic or hard copy form, the evidence subject to inspection and review in Section XV.D.1. Thereafter, the parties will have ten (10) days in which to submit to the investigator a written response, which the investigator will consider prior to completing the investigation report.
E. Investigation Report
After the period for the parties to provide any written response as specified in Section XIII.D.2 has expired, the investigator will complete a written investigation report that fairly summarizes the various steps taken during the investigation, summarizes the relevant evidence collected, lists material facts on which the parties agree, and lists material facts on which the parties do not agree. When the investigation report is complete, the investigator will transmit a copy to the Title IX Coordinator. The investigator will also transmit the investigation report to each party and their advisor, in either electronic or hard copy form.