60 Nova Southeastern University Student Handbook d. Informal/Early Resolution of Student Complaints The university may attempt to resolve matters through mediation or other alternative resolution, when appropriate. Mediation will not be used for reports of extreme forms of disability discrimination or harassment. In mediation, the investigator—or an assigned individual—typically meets with the reporting party and the respondent—separately and/or together—to seek an acceptable resolution. Any informal resolution may be made only with the agreement of all affected parties. If alternative resolution is unsuccessful, the matter will proceed to investigation. e. Investigation Process of Student Complaints Processed by the Dean of Students Grievance investigations are objective, fact-finding inquiries. The purpose of the investigation is to gather facts relating to the allegations made by the complainant and to enable the dean of students to decide whether NSU policy has been violated. • The investigation will include interviews with the complainant, respondent, and any other witnesses deemed to potentially have relevant information. Both complainant and respondent may identify 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).
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