The procedures outlined in this section are detailed and constitute the recommended best practice. Minor omissions and other procedural inconsistencies do not invalidate an otherwise equitable investigation. Investigators must be flexible and adapt to the circumstances of each complaint.

1. Dismissal:
   1. Upon receipt of a formal complaint, the Title IX Coordinator determines whether the complaint must or may be dismissed. A dismissal may occur at any point in the investigation.
   2. Mandatory: The Title IX Coordinator must dismiss the complaint if any of the following conditions apply:
      1. The conduct alleged would not constitute sexual harassment as defined in this policy even if proved;
      2. The conduct alleged did not occur in a District program or activity; or
      3. The conduct alleged did not occur against a person in the United States.
         1. This dismissal does not preclude action under another District policy. The District has the flexibility to provide supportive measures in response to allegations of conduct, and to investigate such conduct, that does not involve sexual harassment but is otherwise prohibited under District policy, including bullying, discrimination, harassment, and other sexually inappropriate conduct.
      4. Discretionary: The Title IX Coordinator may dismiss the complaint or any of the allegations therein if any of the following conditions apply:
         1. a complainant notifies the Title IX Coordinator in writing that the complainant would like to withdraw the formal complaint or any allegations therein;
         2. the respondent is no longer enrolled or employed by the District; or
         3. specific circumstances prevent the District from gathering evidence sufficient to reach a determination as to the allegations contained in the formal complaint.
      5. If dismissed, the Title IX Coordinator shall promptly notify both parties in writing of a dismissal decision, and shall give both parties equal right to appeal a dismissal decision.
2. Assignment of Investigator:
   1. The Title IX Coordinator shall notify the School Performance Director, Director of Responsive Services, and the Director of Human Resources, or any other applicable administrator when opening an investigation and designating an investigator.
3. The Title IX Coordinator may conduct the investigation, or conduct the investigation with a Deputy Title IX Coordinator, or assign it to a Deputy Title IX Coordinator(s)/Investigator(s) trained to conduct sexual harassment investigations.
   1. The investigator must receive training on the definition of sexual harassment under this policy, the scope of the District’s education programs and activities, how to conduct an investigation, how to determine relevance to create an investigative report that fairly summarizes relevant evidence, how to write and issue an investigative report, and how to serve impartially, including by avoiding prejudgment of the facts at issue, conflicts of interest, and bias.
   2. The investigator should begin each investigation by documenting the alleged conduct using the District’s Sexual Harassment Investigation Checklist—Exhibit—2 and creating an investigation file. The investigator completes the Checklist as the investigation proceeds.
   3. The investigator shall refer the matter to law enforcement authorities or the Utah State Division of Child and Family Services, where appropriate or required by law. The investigator must continue to conduct the investigation even if the matter has been referred to another agency. The investigator should coordinate with the other agency and may adjust timelines and procedures accordingly.
4. Investigative Procedures: The District must ensure that investigations include the following steps.
   1. The investigator shall ensure that the burden of proof and the burden of gathering evidence sufficient to reach a determination regarding responsibility rests on the District and not on the parties.
      1. Access to a party’s records that are made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in their capacity in connection with the party’s treatment can only be obtained through the party’s voluntary, written consent (if the party is a minor, consent must be from the parent).
   2. Notice of Allegations: Upon receipt of a formal complaint, the Title IX Coordinator shall provide written notice to the parties of the allegations.  The notice shall include:
      1. Notice of the District’s formal complaint and investigation process, including any informal resolution process available;
      2. Notice of the allegations of sexual harassment, including sufficient details known at the time and with sufficient time to prepare a response before any initial interview. Sufficient details include the following, if known:
         1. The identities of the parties involved in the incident;
         2. the conduct allegedly constituting sexual harassment under this policy; and
         3. the date and location of the alleged incident.
      3. A statement that the respondent is presumed innocent until a determination has been made at the conclusion of the investigation;
      4. A statement that the parties may have an advisor of their choice, who may be, but is not required to be, an attorney, and that the parties may inspect and review evidence prior to completion of an investigation report.
      5. A statement that District policy prohibits knowingly making false statements or knowingly submitting false information during the investigation and that a party found to have done so is subject to disciplinary action.
   3. Interviews
      1. The investigator shall provide written notice of the date, time, location, participants, and purpose of all investigative interviews to a party whose participation is invited or expected, with sufficient time for the party to prepare to participate.
      2. The investigator shall provide an equal opportunity for the parties to present witnesses, including fact and expert witnesses, and other inculpatory and exculpatory evidence.
      3. Each of the following persons shall be interviewed, and a record made of their conversations.
         1. The complainant. The complainant may be accompanied by an adult representative, including legal counsel. The complainant may present evidence supporting the complaint.
            1. In cases of sexual assault or other severe trauma, the investigator should seek assistance from professionals trained in interviewing children. Such professionals may include designated officials from the Children’s Justice Center, the Department of Child and Family Services, or some other private or governmental agency.
            2. The investigator shall comply with the reporting requirements regarding Child Abuse or Neglect (See, Policy-
         2. The respondent. The respondent may be accompanied by an adult representative, including legal counsel. The respondent may present evidence refuting the allegations set forth in the complaint. The investigator should gather a signed, written statement from the respondent.
         3. The witnesses. Anyone who witnessed the alleged conduct.  The investigator should gather a signed witness statement from each witness using the District’s Witness Statement form.
         4. Anyone mentioned as having related information. The investigator should document all conversations related to the alleged incident.
      4. Equal opportunity shall be provided for the parties to present witnesses, including fact and expert witnesses, and other inculpatory and exculpatory evidence.
      5. The investigator may have additional conversations with any of the individuals listed in subsection to ensure that all relevant facts have been gathered.
   4. Preservation of Evidence
      1. The investigator shall gather and preserve all evidence, including footage from surveillance cameras, photos, physical evidence, documents, correspondence, and any relevant electronic information such as text messages, camera footage, and social media postings.
   5. Informal mediation may be appropriate in cases of sexual harassment under Title IX according to the following requirements:
      1. Informal mediation can never be offered to resolve complaints alleging that an employee sexually harassed a student;
      2. Facilitators must be free from conflicts of interest or bias and be trained to serve impartially;
      3. Informal resolution processes must have reasonably prompt time frames
      4. The initial written notice of allegations sent to both parties must include information about the informal resolution processes made available; an
      5. Parties retain their right to a formal resolution process, and can withdraw from informal resolution and resume a formal process at any time before agreeing to a resolution.
5. Investigative Report
   1. Prior to completing the investigative report, the investigator shall send to each party and the party’s advisor (if applicable) the evidence subject to inspection and review in an electronic format or a hard copy, and a draft investigation report to the parties. The parties must have at least ten (10) calendar days to submit a written response, which the investigator will consider prior to completion of the investigative report.
   2. The investigator shall objectively evaluate all relevant evidence, including the credibility of all statements, the investigator shall prepare a final written report of the investigation. The report should be completed using the District’s Sexual Harassment Investigative Report Form—Exhibit—3.
   3. The report must “fairly summarize relevant evidence,” and should include the following:
      1. A description of the complaint.
      2. A description of the interim supportive measures provided to the complainant and/or the respondent.
      3. A detailed description of the investigation, including names and dates of individuals interviewed; receipt of written statements; and evidence considered, including video and audio recordings, correspondence, etc.
      4. Findings of fact. This section should describe with sufficient detail the events and actions found by the investigator to be true and include both inculpatory and exculpatory evidence considered relevant.
   4. The investigator shall provide a copy of the final investigative report simultaneously to the parties and notifies them that they have ten (10) calendar days to provide a response, including written questions they would like asked of any party or witness. The investigator notifies the parties that their response and questions should be submitted to the District Case Management Team (DCMT).   The investigator also submits a copy of the final investigative report to the Title IX Coordinator and to the DCMT.