Per UMKC policy, “investigators” are trained individuals appointed by the Title IX Coordinator/Equity Officer to conduct investigations of alleged violations of the University’s Title IX Policies/Anti-Discrimination Policies. 

Okay, but what does that mean as it relates to the complaint resolution process?

I have an “intake” meeting with an investigator after agreeing to talk with your office related to a report I made, or a report that was made on my behalf by someone else.  What should I expect?
Although the member of our team meeting with you is an “investigator,” this initial meeting does not indicate that we are conducting an investigation.  Rather, the purpose of meeting with the investigator is to achieve the following:

• Offers you the opportunity to share additional information with us beyond what was in the report
• Allows us to ask clarifying questions about the situation
• Assists us in determining which University policy may have been violated and whether we are the appropriate UMKC office to address the situation
• Provides an opportunity for us to engage with you about your options moving forward, including filing a formal complaint and participating in the complaint resolution process
• Allows us to discuss supportive measures available to you, even if you choose not to file a formal complaint

You may bring a Support Person (link) to any meetings or interviews with us; if you would like us to provide a trained Support Person, please let the investigator know as soon as possible so arrangements can be made prior to your intake meeting.

I received a notice that I’ve been accused of a policy violation, and I was contacted by the investigator to schedule an interview.  What should I expect?
The purpose of meeting with the investigator is to achieve the following:

• Offers you the opportunity to share relevant information and evidence with us to address the allegations made against you
• Allows us to ask clarifying questions about the situation
• Provides an opportunity for us to engage with you about participating in the complaint resolution process
• Allows us to discuss supportive measures available to you

You may bring a Support Person (link) to any meetings or interviews with us; if you would like us to provide a trained Support Person, please let the investigator know as soon as possible so arrangements can be made prior to your interview.

Who does the investigator interview as part of the investigation?
If a formal complaint is filed or we determine that the University must take action to address the situation, the investigator will offer both the “Complainant” (the person filing the complaint) and the “Respondent” (the person alleged to have violated UMKC policy) the same opportunity to present information and evidence to be included in the investigation report.  The investigator will also interview the witnesses identified by the Complainant and Respondent to the extent necessary to conduct a fair and impartial investigation. The investigator may also interview additional necessary witnesses that are identified through the course of the investigation.

What kinds of questions could I be asked by the investigator?
The investigator will often ask difficult questions, both to gather detailed information and to ensure they understand the situation as you have explained it.  What may seem irrelevant to you is often more important than you may realize, and you are always welcome to ask for an explanation if you aren’t sure why the information is necessary or where the investigator is going with a question.

Additionally, an investigator’s questions may cause you to feel uncomfortable, anxious, angry, or offended.  Please know that the investigator’s purpose is not to cause you distress but to ask you questions that will “fill in the gaps” for the decision-maker, allowing them to make a determination based on all relevant evidence.  If you do become upset and need a break, all you need to do is make a request, and the investigator will be happy to pause the intake or interview.

An investigator’s questions may also seem to “take a side” in the situation.  However, investigators are neutral and impartial; be assured that their questions do not support either party but instead seek important information that could be the determining factor in the decision-maker’s analysis of the complaint.  

Can I contact the investigator to get updates on the investigation?
You are welcome to email or call the investigator for updates or to provide additional information. The investigator will also update both the Complainant and Respondent about the status of the complaint throughout the course of the investigation, including providing notice of any delays that may occur.

What role does the investigator have in making sure the investigation is thorough?
The investigator bears the responsibility of gathering the evidence necessary for the decision-maker to make a determination as to whether a policy has been violated.  This requires a number of steps:

• Developing an investigative plan – an outline of the allegations, a witness list, sources for information and evidence, and a draft of interview questions meant to elicit crucial information and details
• Conducting interviews with both parties and all relevant witnesses, holding follow-up interviews as necessary
• Drafting an initial investigation report and labeling all evidence
• Providing the parties with a copy of the draft report and evidence for their review and response
• Amending the report as appropriate and applicable
• Drafting a final investigation report
• Providing the final report and evidence to both parties and the decision-maker prior to the resolution

Are there additional limits as to the role of the investigator?
The investigator does not act as an advocate for either party or provide advice to the University with respect to what actions, if any, should be taken as a result of the determination by the decision-maker.  The investigator does not represent the University in a legal action or proceeding as counsel and does not provide any legal advice to the University related to the investigation process.

Does the investigator have a role in determining whether a policy was violated?
The investigator is not responsible for determining whether the policy was violated or what action should occur as a result of the investigation.  Their role is limited to gathering information and composing an investigation report for review by the parties and the decision-maker.

Does the investigator’s job end when the final report has been sent to the parties and the decision-maker?
If the complaint involves sexual harassment or sexual misconduct under Title IX, the investigator will participate in the resolution as a witness at the hearing.  If the complaint involves discrimination or harassment under Equity (including sexual harassment or sexual misconduct) and either party chooses a hearing as the method of resolution, the investigator will serve as a witness.