Formal Investigation Process
Complaints of Discrimination: Formal Investigation Process
Civil Rights & Title IX Compliance (CRTC) implements University policies that prohibit discrimination and ensure compliance with state and federal civil rights obligations. CRTC is a central intake and referral resource for all matters that potentially involve protected class discrimination, sex & gender-based violence, or civil rights compliance.
Supportive Measures
CRTC can help to coordinate a range of supportive measures for Complainants and Respondents to support their ongoing success, throughout the investigative process and beyond.
Making a Formal Complaint with CRTC
CRTC is available to meet with individuals to discuss resolution options and support measures that may be available. If a party would like to submit a formal complaint, they can do so verbally or in writing.
After a formal complaint is submitted, CRTC will assess whether or not the complaint meets the jurisdiction requirements under university discrimination policies. If these requirements are met, and the Complainant(s) would like to proceed with a formal investigation, CRTC will begin to draft a Notice of Investigation for the Complainant to review.
Notice of Investigation
When a formal complaint process is initiated, CRTC will issue a Notice of Investigation (NOI). This is the formal document sent to parties to notify them of the initiation of the formal civil rights grievance process. The NOI includes the name of the party that brought the complaint to CRTC (the Complainant), the name of the party responding to the allegations (the Respondent), a brief description of the alleged discriminatory conduct, and information about the rights and responsibilities of the parties during the investigation process.
EVIDENCE GATHERING
During a formal investigation, both parties may recommend witnesses and share evidence they would like to be considered in the fact-finding process.
Commonly, evidence reviewed in formal investigations can include texts and phone calls, social media interactions, audio or video recordings, etc.
WWU employees are required to cooperate with CRTC investigative processes, including requests to participate as a witness or provide evidence.
Investigation Report
At the conclusion of evidence-gathering, the assigned investigator will draft a report including findings of fact and a conclusion as to whether the alleged conduct, as found to have occurred, violated the policy under which it is being investigated.
CRTC is a neutral, investigative body and does not make determinations of disciplinary action. In cases where a policy violation has been found to have occurred, the report will be forwarded to the appropriate office or department for determination of disciplinary actions.
STANDARD OF EVIDENCE
In a formal investigation, factual determinations and conclusions are based on a preponderance of the evidence, which means more likely than not. These determinations are based on all relevant evidence and impermissible evidence will not be included as part of an investigation.
Formal Investigation Process brochure
Retaliation is Prohibited!
Title IX and Western policy prohibit retaliation against individuals who raise concerns about sexual harassment, gender-based harassment, sexual violence, or other forms of discrimination, or who participate in an investigation regarding discrimination.