It is likely that your supervisor has already been included on the notification email so you can reach out to them for support. The investigation process is explained in the flowchart available on DAC’s website. This is an internal grievance process that follows directly from the federal laws to which Title II Universities must adhere, and while the notification letter and email can be concerning, this is not a criminal prosecution or a legal process. The investigation will be impartial and will make determinations based on the preponderance of the evidence (it is more likely that a proposition is true than not true). This standard is in alignment with other campus grievance procedures.
The investigation will be carried out by the investigator assigned by the University ADA/Section 504 Compliance Officer who will usually be the person who has sent you the Notification of Investigation. You can reach out to them for an informal chat if you would like to discuss the process. The details of the case will not be discussed at this time.
What happens next?
The investigator will ask you to send them all the information and communications you have had with all parties involved in the incident being investigated. You should send them everything you have. Do not be afraid to send an investigator too much information, as long as it relates to the matter at issue.
Once the investigator has received all the information from all parties (Complainants, Respondents, and Witnesses), they will usually arrange a meeting to discuss the matter. Due to the nature of investigations, some of the questions in the meeting may sound accusatory, as contradictory information may have been given by different parties. This meeting is your opportunity to provide your point of view to the investigator, while answering the questions as truthfully as you can.
After the meetings?
You may be asked to send further information to the investigator after the meeting. Once all the meetings have been concluded, the investigator will assess all the information they have, and make a determination based on the preponderance of the evidence. They will draft and you will receive an Investigation Report which sets out the findings.
What if I disagree with the findings?
There is no requirement to provide a reconsideration process but you will be given two business days from the receipt of the Investigation Report to request to speak to the investigator and discuss the findings, and a meeting can be arranged soon after your request. After that meeting and within 10 business days of your receipt of the Investigation Report (or a reasonable time if there are undue delays), you can file a request in writing for reconsideration on two grounds:
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There is evidence that the Grievance Procedures were not followed, and the failure to follow procedures resulted in an adverse decision.
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There is evidence that the Investigator made an obvious error in interpreting the evidence or applying policy, and the error was material to the outcome of the grievance.
The written request for reconsideration should clearly state what grounds you are requesting the reconsideration and what errors you believe have been made. The reconsideration is filed through the Investigator and will be forwarded to the ADA/Section 504 Compliance Officer. The ADA/Section 504 Compliance Officer will look at the evidence again, based on your written request, and will respond in writing within 10 business days of receipt of your reconsideration request.
What if I disagree with the ADA/Section 504 Compliance Officer?
The ADA/Section 504 Compliance Officer’s decision is final and concludes the determinations possible through the internal grievance process.
What happens if there is a finding against me?
The Investigation Report will be sent to the Respondent’s supervisor and/or the Vice Provost of Faculty (if the respondent is a faculty member). Unless the ADA/Section 504 Compliance Officer has advised otherwise, it is the responsibility of the Respondent’s department or the Vice Provost to decide if further disciplinary action is warranted.
DAC may recommend that disciplinary actions be taken where the findings are so egregious that the ADA/Section 504 Compliance Officer believes disciplinary actions are necessary to protect the University and/or its students, staff, faculty and visitors. Typically, though, DAC recommends actions to help prevent a recurrence, such as attending a training or viewing a presentation.
I still have questions.
If you have any questions about the process or any other aspect of grievances, please reach out to the DAC Policy, Complaint and Special Project Manager, Steve Johnston:
(510) 697-9313