54 NSU STUDENT HANDBOOK 2023-24 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; the respondent is no longer enrolled or employed by, or otherwise affiliated with, the institution; or specific circumstances prevent the institution from gathering evidence sufficient to reach a determination as to the formal complaint or allegations therein. 3.6. Within 5 working days of dismissing a formal complaint or any allegations therein, the institution shall send written notice of the dismissal and reason(s) therefor simultaneously to the parties. 3.7. Nothing contained in this policy shall preclude an institution from placing a non- student employee respondent on administrative leave, in accordance with applicable BOR Policy, during the pendency of a grievance process hereunder. 4. Investigation of a Formal Complaint 4.1. Institutions shall ensure that both the burden of proof and the burden of gathering evidence sufficient to reach a determination regarding responsibility rest on the institution and not on the parties provided. 4.2. Institutions shall provide equal opportunity to the parties to present witnesses, including fact and expert witnesses, and other inculpatory and exculpatory evidence. 4.3. Institutions may not restrict the ability of either party to discuss the allegations under investigation or to gather and present relevant evidence.
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