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
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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. Complainants in OIEC processes can pursue civil or criminal complaints independent of the OIEC investigation.
Preponderance of Evidence
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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 the applicable regulation or policy. 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.
Complainant
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Respondent
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Witness
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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.
Support Person/Advisor
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Both the Complainant and Respondent may bring one advisor, who may be but is not required to be an attorney, with them to any interviews or meetings with the OIEC. The advisor is not meant to serve as a representative, rather, the person is there to provide general support. The advisor 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 an advisor. If a Complainant or Respondent does not have an advisor, the OIEC can assist them in identifying one.
Responsible Employee
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All University faculty, staff, and OPS employees (except for protected employees in CAPS, Student Health Services, Community Counseling Center, and the Student Victim Advocate) 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.
Investigations
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Presumption of Not Responsible
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Complaint
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Investigative Findings
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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.

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.