60 Nova Southeastern University Student Handbook witnesses who can provide information relevant to the allegations, but the investigator determines which witnesses will be interviewed. Complainant and respondent are always permitted to present written statements from witnesses for the investigator’s consideration during the investigation process. • The investigation may include written statements, interviews, document requests, and any other sources the investigator deems appropriate. The complainant and respondent are permitted to provide the investigator with evidence. • The investigator will provide the respondent with written notice of the allegations, if appropriate, and allow the respondent five business days to respond, in writing. • Investigations may be expanded to address additional allegations that surface during the investigation, at the investigator’s discretion. If appropriate, the respondent will be provided with written notice of any such additional allegations. The respondent will be given the opportunity to respond to the additional allegations. • The investigator typically will complete the investigation within 90 calendar days of the date the report was filed. Should additional time be required to complete the investigation, the investigator will provide written notification to the parties detailing the reason(s) additional time is necessary. • Parties and witnesses are expected to speak for themselves during the investigation. Attorneys are not permitted to be present during university interviews or meetings in the course of an investigation or resolution of a report. f. Investigation Completion of Student Complaints Processed by the Dean of Students At the conclusion of the investigation, the investigator(s) will prepare a written report. The report typically will summarize the allegations investigated, and describe the relevant information discovered and factual findings made, including whether any allegations were substantiated, and the basis for such findings, which may include credibility as determined in the investigator’s judgment. The report will not make findings as to whether there has been a violation of law or university policy. The investigator will indicate any facts or allegations in dispute, and present conclusions (if any) about such facts, including the basis for such conclusions (e.g., whether an allegation was corroborated by witnesses, or whether the investigator found one version of events more credible than another). The investigator will provide the investigation report, the written complaint, the response, and any other information deemed necessary to the dean of students. Within 10 business days of receipt of the investigation report, the dean of students will make a determination of whether a policy violation occurred. (See the section that follows for a description of the possible determinations.) g. Determinations by the Dean of Students The following is a description of the potential determinations made by the dean of students upon the conclusion of the investigation process: 1. Determination of No Violation of University Discrimination Policy by the dean of students. I f the dean of students determines that a violation of the university’s discrimination policy has not been shown, all parties will be so informed and the matter closed. The dean of students will provide the complainant with an explanation of the key findings on which the determination is based.
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