Investigations

We provide prompt, equitable and thorough investigations based on evidence obtainable at the time of the complaint.  All investigations conducted by the OIEC are independent of other University-related investigations, as well as of criminal or civil matters. Students who believe they are a survivor of sexual assault can also file a report with University Police Department.

The OIEC uses the preponderance of evidence standard as the evidentiary standard for investigations.  The OIEC investigation determines if there is sufficient evidence to support an alleged violation of FGCU-PR1.003. Any OIEC findings are notwithstanding other charges, determinations, sanctions, etc. that may or may not be levied pursuant to the University's Student Code of Conduct or similar University proceedings. 

 The person(s) alleging violations of FGCU-PR1.003 which includes allegations of violations of the Title IX of the Education Amendments Act of 1972 (Title IX)

 The person(s) whose conduct is the subject of a complaint under FGCU-PR1.003

The Complainant and Respondent may each identify and provide contact information for witnesses to the OIEC. The OIEC will make every attempt to interview potential witnesses that are not associated with the University, however the ability to compel witnesses to participate is limited.

Both the Complainant and Respondent may bring a support person with them to any interviews or meetings with the OIEC. The support person is not meant to serve as a representative, rather, the person is there to provide general support. The support person may ask the OIEC questions about the general investigative process, but cannot answer questions on behalf of the Complainant or Respondent. The OIEC does request that Complainants and Respondents inform the OIEC in advance if they will be accompanied by a support person. 

All University faculty, staff, and OPS employees (except for clinicians at CAPS & Student Health Services) are responsible employees with reporting requirements.  A Responsible Employee is an employee who has the authority to take action to redress the alleged misconduct, who has the duty to report the alleged misconduct to appropriate University officials, or an individual who would reasonably be believed to have the authority or responsibility to redress or report the alleged misconduct.

An investigation can include but will not be limited to: Complainant interview, Respondent interview, witness interviews, review of police records, phone records, text messages, social media, and the review of other evidence independently obtained by the OIEC. The Complainant and Respondent are each responsible for providing the OIEC with the relevant evidence.

Allegation(s) of a violation(s) of University Regulation FGCU-PR1.003.

The Complainant and Respondent will be simultaneously provided with a written summary of the investigative findings. The summary will include the investigative steps taken by the OIEC, an explanation of the investigative finding and information for the Request for Reconsideration.  The investigative findings will be used as part of the evidence in the event there is a Student Code of Conduct violation and/or hearing. A finding of sufficient evidence does not automatically equate to a violation of the Student Code of Conduct.