50 NSU STUDENT HANDBOOK 2022-23 3. Receipt of Formal Complaint 3.1. An institution must investigate the allegations in a formal complaint. A formal complaint may be filed by a complainant or signed by the Title IX Coordinator alleging sexual harassment against a respondent and requesting that the institution investigate the allegations of sexual harassment. Where the Title IX Coordinator signs a formal complaint, the Title IX Coordinator is not a complainant or otherwise a party. Within 5 working days of receiving a formal complaint, the institution must provide written notice to the parties who are known. The written notice shall include: 3.1.1. Notice of allegations of sexual harassment potentially constituting sexual harassment, including sufficient details known at the time and with sufficient time to prepare a response before any initial interviews. Sufficient details include the identities of the parties involved in the incident, if known, the conduct allegedly constituting sexual harassment, and the date and location of the alleged incident, if known. 3.1.2. A statement that the respondent is presumed not responsible for the alleged conduct and that a determination regarding responsibility is made at the conclusion of the grievance process. 3.1.3. A statement informing the parties that they may have an advisor of their choice, who may be, but is not required to be, an attorney; that the advisor may accompany the party to related meetings or proceedings; and that the party and their advisor may inspect and review evidence obtained as part of the investigation that is directly related to the allegations raised in the formal complaint. In the event the institution has established any restrictions regarding the extent to which an advisor may participate in the proceedings pursuant to section 4.4 below, a statement informing the parties of the applicable restriction(s) shall be included. 3.1.4. A statement of the maximum disciplinary sanction(s) that may be imposed on respondent following a determination of responsibility by the institution. 3.1.5. A statement informing the parties of any applicable provision in policy that prohibits knowingly making false statements or knowingly submitting false information during the grievance process. 3.2. If, in the course of the investigation, the institution decides to investigate allegations about the complainant or respondent that are not included in the notice provided pursuant to section 3.1 above, the institution must provide notice of the additional allegations to the parties whose identities are known. 3.3. Where the allegations of sexual harassment arise out of the same facts or circumstances, an institution may consolidate formal complaints as to allegations against more than one respondent, or by more than one complainant against one or more respondents. 3.4. Within 10 working days of receiving a formal complaint, the institution shall determine whether the conduct alleged, if taken as true, would constitute sexual harassment, and if the allegations contained in the formal complaint occurred in the institution’s education program or activity. The institutional shall dismiss the formal complaint if the factual allegations, if taken as true, either: 3.4.1. Fail to constitute sexual harassment; or 3.4.2. Did not occur in the institution’s education program or activity. 3.5. An institution may dismiss the formal complaint or any allegations therein, if at any time during the investigation or hearing: a complainant notifies the Title IX Coordinator in writing that the complainant would like to withdraw the formal complaint or any allegations therein;
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