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Investigations

The OIEC serves as neutral fact-finders for allegations of discrimination and harassment.

Our goal is to provide a fair process for all parties. We do not advocate for any one perspective or party.

Key Concepts & Terms

The investigative process is outlined fully in the University's Anti-harassment, Non-discrimination and Sexual Misconduct Regulation & Policy

 

  •  Neutrality 

  •  Preponderance of Evidence

  • Complainant 

  • Respondent 

  • Witness

  • Support Person/Advisor

  • Responsible Employee

  • Investigations

  • Presumption of Not Responsible

  • Complaint

  • Investigative Findings

A report was filed. Now what?

Depending on the situation, the OIEC can proceed in a variety of ways.

No Action

If the Complainant does not want to move forward with an investigative process, the OIEC strives to respect those wishes. In addition, if there are insufficient facts to support an alleged violation, or if the allegations fall outside of the OIEC's jurisdiction, the OIEC may choose not to investigate a report.

Informal Resolution

When parties desire to resolve the solution cooperatively, the Complainant can request the OIEC coordinate an informal resolution. Title IX Sexual Harassment complaints between students and employees cannot be informally resolved. Sexual assault allegations under Policy 1.006 cannot be informally resolved.

Formal Investigation

A Complainant can request a formal investigation. The Complainant needs to allege sufficient facts to indicate a violation may have occurred.  

I'm concerned about retaliation

Retaliation is an adverse action taken against you for participating in our investigative process. This could be for reporting an incident, serving as a witness, or being a respondent. Retaliation is prohibited regardless of the findings for the original complaint. If you believe you are being retaliated against, please notify the OIEC immediately. We will investigate this complaint as a separate allegation of discrimination.

Additionally, FGCU has amnesty provisions for students. Allegations of Sexual Harassment involving students should be brought to the University’s attention as soon as possible, regardless of whether or not it occurred on campus, off campus, or at a University-sponsored event. Therefore, students who make a good faith report, on their own behalf or on behalf of another person, of Sexual Harassment will not be subject to disciplinary actions related to intoxication or possession under the Student Code of Conduct in connection with the reported situation, provided that any such violations did not, and do not, place the health or safety of any other person at risk. However, students should understand that this directive applies only to the Student Code of Conduct and does not preclude or prevent action by police or other law enforcement agencies. As such, any violation of federal or state criminal law involving the use or possession of alcohol or illegal drugs may result in prosecution, as FGCU cannot grant amnesty from proceedings in the federal or state criminal justice system.