14. The investigation shall include interviews with both the Complainant and Respondent, unless either declines an in-person interview.
15. The complainant and respondent shall be provided with the same opportunities to have others present during any interview, including the opportunity to be accompanied by the advisor of their choice to any related meeting or proceeding.
16. Kentucky State University will not limit the choice of advisor for either the complainant or respondent.
17. The investigation shall include interviews with relevant witnesses named by the Complainant and Respondent or any other potential, relevant witness made known to the investigator.
18. The investigation shall include the gathering and reviewing of any documentary, electronic, physical, or other type of relevant evidence.
19. The investigator is expected to request a list of relevant witnesses and evidence from Complainant and Respondent and take such into consideration.
20. The investigator shall not consider any evidence about the complainant's prior sexual conduct with anyone other than the alleged perpetrator. Evidence of a prior consensual dating or sexual relationship between the parties by itself does not imply consent or preclude a finding of sexual misconduct.
21. VII.Outcome of Investigation and Determination of Appropriate Action
1. Upon completion of the investigation, the investigator shall prepare a written report that includes the allegations made by the complainant, the response of the respondent, corroborating or non-corroborating statements of the witnesses, review of other evidence obtained, conclusions that may be drawn from the evidence gathered, and recommendations about the disposition of the matter.
2. It is the responsibility of the investigator to weigh the credibility of all individuals interviewed and to determine the weight to be given to information received during the course of the investigation.
3. The investigator shall make findings of fact, including a finding as to whether a policy violation has occurred, and recommendations based on the investigation, and shall reflect the findings and recommendations, along with other pertinent information, in a written report. The investigator's findings shall be based on a preponderance of the evidence standard. The report shall also indicate whether the matter should be forwarded to appropriate personnel for disciplinary action.
4. The report shall be forwarded to the University Counsel for legal sufficiency review. After the University Counsel determines the report is legally sufficient, the report shall be forwarded to the applicable Assistant Vice President for Student Affairs for review.
5. The Assistant Vice President is authorized to accept the findings and recommendations, reject the findings and recommendations, remand the report for further investigation, or not uphold the findings that a policy violation has occurred. If the Assistant Vice President accepts that a policy violation occurred, then the Assistant Vice President will also determine appropriate sanctions under the applicable student code of conduct policies and procedures.
6. The Assistant Vice President’s determination shall be communicated in writing simultaneously to the Complainant and Respondent, if practicable, along with notice to the parties of their right to contest the findings, recommendations and/or sanctions.