INSPECTION AND REVIEW OF EVIDENCE PROCEDURES (Section 106.45(b)(5)(vi))
Title IX regulations require both parties have:
An equal opportunity to inspect and review
- any evidence obtained as part of the investigation
- that is directly related to the allegations raised in a formal complaint
- including the evidence upon which the MCCCD does not intend to rely in reaching a determination regarding responsibility
- and inculpatory or exculpatory evidence whether obtained from a party or other source,
The opportunity to meaningfully respond to the evidence prior to conclusion of the investigation.
- All evidence the parties want the investigators to consider in the case MUST be provided to the investigators before the first inspection period begins. Any additional evidence offered by either party WILL NOT BE ADMISSIBLE.
Inspection and Review of Evidence--Two inspection periods.
First Inspection Period: At the end of the investigation, BUT BEFORE a report is drafted, the parties have 10 days to review all of the evidence collected during the investigation. The parties must be able to review the evidence the investigators are going to use as well as the evidence they are not going to use in drafting the investigative report. In that 10-day review period, both parties have equal opportunity to review and respond in writing to the evidence. The investigators will “consider” the responses before completing the investigative report.
Second Inspection Period: After the final investigative report is written, BUT BEFORE the hearing where the determination of a possible violation of the Title IX policy will be made. The parties can review the final investigative report. This report DOES NOT have a determination. It just outlines the investigation. In that 10-day review period, both parties have equal opportunity to review and respond in writing to the evidence.
In addition to the review periods, all evidence will be available at the hearing to give each party equal opportunity to refer to such evidence during the hearing, including for purposes of cross-examination.