CCR investigates matters involving students, employees, and visitors regardless of whether the conduct occurred on or off campus, where EP 15 is implicated; investigations follow . CCR provides a prompt, fair, and impartial investigation by officials who receive annual training on regulatory requirements for responding to complaints of sexual assault, dating violence, domestic violence, and stalking, and how to conduct a trauma informed investigation and protect the safety of investigation participants. Where a CCR investigator has a conflict of interest or bias towards an investigation participant, the investigator will be screened from a case, and another investigator will review the matter. Investigations are conducted into allegations implicating EP 15; violations may be found where a preponderance of the evidence supports that conclusion.
Upon receipt of a complaint, CCR will review the complaint and determine whether to proceed with a grievance procedure or dismiss the complaint. Dismissals may occur where:
- Even if true the complaint does not constitute EP 15 violations
- The conduct is outside CCR’s scope of authority to investigate;
- CCR is unable to identify the respondent after taking reasonable steps to do so;
- The respondent is not currently participating in WSU’s education program or activity and is not employed by WSU, or was not at the time of the alleged incident(s);
- The complainant voluntarily withdraws any or all of the allegations in the complaint, and any remaining conduct does not constitute an EP 15 violation, and CCR determines a dismissal is appropriate;
- The parties voluntarily resolved their matter through an Informal Resolution process; or
- Specific circumstances prevent an investigator from gathering evidence sufficient to make a determination.
CCR’s determination to dismiss a complaint is final. Otherwise, CCR will proceed with an investigation. In some circumstances, CCR may proceed with an investigation without a complaint from a community member, where CCR determines that alleged conduct presents an imminent and serious threat to the health or safety of the complainant or other person, or the alleged conduct prevents equal access to education programs or activities.
Upon initiation of an investigation, a CCR investigator will provide written notice to both parties, and the complainant and the respondent will have equal opportunities to provide information, responses, evidence, and witnesses. CCR has the responsibility to conduct an investigation, not the parties. The complainant and the respondent have the right to be accompanied by the advisor of their choice, which may be a support person or attorney. CCR makes every effort to gather all available relevant evidence and to neutrally and fairly assess the evidence. Per CCR’s Procedural Guidelines, CCR investigations are typically 60 days; extensions are allowed for good cause, with written notice to the parties.
For student matters involving sexual assault, dating violence, domestic violence, and stalking, WSU prioritizes these cases and works to resolve them in a timely and efficient manner. When a CCR investigation is completed, the CCR investigator will notify the parties and the Center for Community Standards (CCS), so the matter can go directly to a hearing for a determination of responsibility.
For matters involving EP 15 Part A allegations, CCR will submit evidence directly to the Center for Community Standards (for students) to initiate a hearing process per the . Parties will have an opportunity to review the evidence and participate in the hearing process, including providing more information if desired. For matters involving employees, CCR will issue an investigative report to the parties and relevant supervisors and administrators and facilitate party access to evidence to prepare for relevant disciplinary process or appeals (for employees), as outlined in the , l, , or .
For matters involving EP 15 Part B (Title IX Sexual Harassment) allegations, CCR provides access to the evidence and an opportunity to provide an additional written statement, prior to issuing an investigative report with recommended findings to the parties and relevant administrators. The recommended findings are designed to help the parties prepare for a live hearing process.
For matters involving student respondent hearings, after CCR completes their investigation, CCS will provide information to relevant parties regarding the WSU disciplinary processes, including, but not limited to information about conduct officer hearings, conduct board hearings, student rights, and campus and community resources. CCS will initiate the conduct hearing process by providing the parties with an opportunity to review evidence and scheduling a hearing date. An administrative law judge will serve as the presiding officer and decision-maker for these cases and parties will have an opportunity to respond to the evidence they reviewed, as well as provide additional information, statements, evidence, and witnesses. WSU’s student conduct hearing processes comply with the Washington State Administrative Procedures Act and are available for review in the Washington State University . The decision-maker will neutrally assess all available relevant and permissible evidence and issue a decision to both parties simultaneously which will include findings of facts, a determination of responsibility, sanctions, and remedies, as appropriate, along with the date that the decision becomes final. As part of the decision-letter, the parties will be provided with information on how to appeal the decision in accordance with WAC 504-26-420 and WAC 504-26-115. When an appeal is received, WSU will notify the parties, provide information on the appeals processes, provide an opportunity to respond, and issue the appeals decision simultaneously to both parties.
For employee matters implication EP 15 B (Title IX Sexual Harassment), CCR provides parties with an investigation report with recommended findings and provides access to the evidence prior to Employee Title IX Hearing Process (for administrative professional, civil service, and bargaining unit employees) or the Faculty Manual formal discipline process (for faculty). Parties will be provided with information about the right to appeal to the President’s CCR Appeals Committee. When an appeal is received, the CCR Appeals Committee will notify the parties, provide information on the appeals processes, provide an opportunity to respond, and issue the appeals decision simultaneously to both parties.
For employee matters implicating EP 15 A, CCR provides a report with findings to parties for matters that do not involve a faculty respondent and a report with recommended findings to parties for matters that involve a faculty respondent. The report is also provided to relevant administrators and supervisors for review under employee disciplinary processes, including the , , the , or . Appeals are also available.
For all hearing avenues, the decision-maker and appeals decision-maker(s) may not have a conflict of interest or bias for or against the complainant or the respondent, or complainants and respondents generally.
Additional rights and responsibilities for the sanctioning process can be found in the WSU , the , (civil service employees), applicable , or the WSU (WAC 504-26). More information about the hearing process is available through the WSU Standards of Conduct for Students, the Office of the Provost, and HRS. The University process for complaints of sexual assault, dating violence, domestic violence, and stalking is in compliance with federal regulations. As those regulations are subject to change, individuals are encouraged to review the relevant policy or procedure for the most up-to-date information on the University process.