Witnesses

Participating in the Title IX Investigation Process as an Employee Witness

UA System Board Policy 335.1, University Code of Ethical Conduct, requires that all University employees cooperate in internal investigations of possible misconduct. The following information is provided to increase awareness and knowledge of the Title IX investigation process for witnesses, and to address some common questions and concerns regarding witness participation in the Title IX investigation process. This information only applies to the Title IX investigative process.

In the Title IX investigation process, individuals bringing forward allegations are referred to as “complainants,” and individuals responding to allegations are referred to as “respondents.” Sometimes complainants and respondents are referred to individually as “a party” or jointly as “the parties.” Individuals who have direct experience with or knowledge of events, issues or circumstances related to the investigation, or with whom complainants or respondents want the investigator to speak, are referred to as “witnesses.”

The Role of the Investigator

The investigator is charged with gathering information and evidence, conducting an analysis of the evidence, and preparing an investigation report. The investigator the University assigns to conduct the investigation does not act as an advocate, nor does the investigator provide advice to the University with respect to what actions, if any, should be taken as a result of facts and evidence gathered. Also, the investigator does not provide any legal advice to parties or witnesses involved in the investigation process.

Interviewing with the Investigator

When a witness meets with the investigator, the investigator will ask the witness questions related to the allegations. The investigator may ask if the witness has any information to submit (e.g., documents, texts, emails, images, etc.) for the investigator to include in the investigative report. In some cases, the investigator may ask to interview a witness more than once if additional questions arise during the investigative process.

The investigator has a responsibility to protect the privacy of those individuals involved in the investigation, as well as the integrity of the investigation, and is not obligated to share investigation details with the witness. However, the investigator has the discretion to share certain specific information related to an allegation if they determine it is necessary to further information-gathering or to seek clarification of information already collected.

Notes and Recordings

The investigator will take notes during the interview. However, interviews with the investigator are not recorded, and no recording is permitted by anyone participating in the investigation process, including complainants, respondents, witnesses, and advisors.

The Intersection of Privacy for Witnesses and the Rights of Complainants and Respondents

The University protects the privacy of individuals who participate in the investigation process, including witnesses. This means that information about witnesses, including their identity and what information they share with the investigator, is shared only with those individuals involved in the investigation and resolution of a complaint who have a need to know in order to fulfill a responsibility in the investigation and complaint resolution process. However, the University cannot and does not guarantee confidentiality or anonymity to anyone participating in the investigation process, including complainants and respondents.

To ensure fairness, the investigation process provides rights to both complainants and respondents to:

know the allegations the investigation is seeking to resolve (the scope of the investigator’s inquiry); and,
be offered a meaningful opportunity to respond to the information gathered during theinvestigation that will be used to analyze and determine whether University policy has been violated, and whether any action will be taken by the University against a respondent. As a result, in most cases, both the complainant and respondent will have knowledge of the information a witness shares with the investigator including the identity of the witness who shared the information.

Additionally, in order to conduct a thorough investigation, there may be times during the investigation when the investigator may be required to share information provided by one witness with other witnesses in order to facilitate the fact-gathering portion of the investigation.

The Investigation Report

In order to preserve the privacy of complainants and respondents, the University does not share the investigation report or the outcome of the investigation with the witnesses, including the sanction, discipline or any other University action that may result from the investigation process.

To protect the privacy of all who are involved in the investigation process (including complainants, respondents, and witnesses), and to protect the integrity of the investigation process, witnesses involved in the investigation are asked to keep information learned during the investigation confidential, and sharing such information with any third party is discouraged.

Following the conclusion and distribution of the investigative report, a hearing will be conducted by a neutral hearing officer to determine the outcome and resolution of the complaint. The complainant and respondent may propose a witness to be called to testify at the hearing. The hearing officer also reserves the right to call other relevant witnesses who may not have been included on a party’s witness list. Witnesses who are requested to appear at the live hearing will be notified of the date, time, and location of the hearing, which will occur no sooner than ten calendar days after release of the investigation report.

Each party’s advisor is permitted to ask witnesses relevant questions. The questions may include challenges to credibility.

Failure to Appear

Should a witness fail to appear for the live hearing, the hearing officer may disregard statements the witness provided during the investigation process. An employee witness who fails to appear at the hearing, absent good cause, may also be subject to disciplinary measures.

Retaliation Prohibited

You have a right to participate in the investigation process free from retaliation.

The University prohibits all forms of retaliation against an individual who has engaged in a protected activity such as filing a discrimination or harassment complaint, making a verbal statement of discrimination or harassment, or being a witness in a discrimination or harassment complaint. Retaliation should be promptly reported to the Title IX Coordinator.

Questions and Clarification

If you have any questions or would like additional clarification regarding the investigation process, please contact the Title IX Office at (479) 575-7111 or email titleix@uark.edu.