Nova Southeastern University Student Handbook 61 • Investigations may be expanded to address additional allegations that surface during the investigation at the investigator(s)’ discretion. If appropriate, the parties will be provided with written notice of any such additional allegations related to them and will be given the opportunity to respond to the additional allegations. • The investigator(s) 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(s) 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, unless the allegations involve a crime under the Violence Against Women Act. g. Investigation Report 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 any findings as to whether there has been a violation of law or university policy. The investigator(s) will indicate any facts or allegations in dispute and present their conclusions (if any) about such facts or allegations, including the basis for such conclusions (e.g., whether an allegation was corroborated by witnesses, or whether the investigator(s) found one version of events more credible than another). Both parties (complainants and respondents) are permitted to review and inspect the investigation report upon request. The investigator(s) will provide the investigation report, the written complaint, the response, and any other information deemed necessary to the university official overseeing the complaint. The university official overseeing the complaint will then designate a decision-maker and provide them with the above information. After receiving and reviewing the information, the university decision-maker will make a determination of whether a policy violation occurred. (See section g for a description of the possible determinations.) h. Determinations The university decision-maker will make a determination whether there has been a violation or no violation regarding each allegation, based on a preponderance of the evidence. If there is a violation found, the university decision-maker, in consultation with other appropriate officials, will also make a determination of any sanctions, remedies, and/or corrective actions to be taken. If the respondent has prior relevant misconduct, that will be taken into consideration prior to determining corrective actions and/or sanctions. Information specific to the respondent’s prior conduct will not be shared with the complainant. i. Notification of Outcome After a final determination is made, the university official overseeing the complaint, or designee, will provide simultaneous written notification of the outcomes to the complainant and respondent informing
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