Investigation

An investigation will be conducted by the dean or designee.

The investigation may include, but is not limited to, interviewing all parties involved including witnesses and gathering additional written documentation. The dean may also confer with appropriate College personnel. Both parties are permitted to have their advisor present at any interview.
Either party may provide witnesses for interview or other supporting documentation that may support their perspective.
Documentation may include, but is not limited to, text, emails, social media post, voice messages, law enforcement reports, and any other type of documentation or media related to the complaint.
If, after investigating, the dean or designee determines that the complaint is not supported by the evidence presented, the complaint will be dismissed and both parties will be notified via college email that no charges will be filed.

NOTE: In cases involving a Title IX Sexual Harassment complaint the following applies:

The burden of proof and the burden of gathering evidence sufficient to reach a determination regarding responsibility rests on the College and not on the parties involved.
Prior to the completion of the investigative report, copies of any evidence obtained as part of the investigation that is directly related to the allegation raised in the formal complaint will be provided to each party and their hearing advisor for review and comment. The parties will have ten (10) business days to submit a written response. The investigator will consider any relevant comments prior to completion of the investigative report.
The College must send an investigative report that fairly summarizes relevant evidence to each party and the party’s hearing advisor at least ten (10) business days prior to a hearing for the party’s review and written response.
The investigator will provide written notice of any interview or meeting necessary to each party and their hearing advisor, three (3) business days in advance, to allow the parties sufficient time to prepare.
The relevant evidence summarized in the report will include both inculpatory (documentation that may be contrary to a party’s statement) and exculpatory (documentation that supports a party’s statement) evidence.
If the investigation shows that the evidence does not support a Title IX violation, both parties will be notified of the dismissal of the Title IX complaint and why. Also, the parties will be notified that the investigative report will be turned over to the Dean of Student Services for review regarding possible Code of Conduct Violations not related to Title IX.

The College may also dismiss a complaint when

A written request to stop the formal grievance process is submitted by the reporting party.
The responding party is no longer enrolled or employed at Palm Beach State College.
Specific circumstances prevent the gathering of evidence sufficient to reach a determination.

Upon completion of the investigation a written report will be prepared and provided to both parties. The report shall include a summary of the complaint and a summary of the evidence. Parties can offer additional information or challenge the report, resulting in conversation with the investigator to determine the relevancy of any new information. A copy of this report will be provided to both parties for review and commentary before the report is sent to the Title IX coordinator and the campus dean of student services or designee. During the investigation either party may request to review documents in the investigation file.

The decision-maker(s) for the appeal will not be the same as the decision-maker(s) that reached in the initial determination regarding responsibility or dismissal which shall include the investigator, or the Title IX Coordinator.