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Cornell University Title IX

Promoting Gender Equity at Cornell

Forms for Parties in a Complaint Against a Student

The parties are not required to make written submissions during the investigation, hearing, or appeals process, however, parties who choose to do so must use these forms. These standardized forms are intended to help the parties navigate the investigation, hearing, and appeals process, and they promote party submissions that are consistent in format and scope. Each of these forms is a writable Word document.

Please pay careful attention to any required signatures.


Interim Measures

  • Review of Decision Regarding Interim Measures Form
    • Download here.
    • Both parties may petition the Vice President of Student and Campus Life (SCL) in writing to review the Title IX Coordinator’s decision whether to issue, modify, or remove Interim Measures.  A party seeks review by submitting this form explaining the reason for their request for review and including any written evidence in support of such request.  The Title IX Coordinator will inform the non‐petitioning party that a request has been filed and provide a copy of the request to that party.
  • Review of Temporary Suspension From
    • Download here.
    • The respondent may petition the Appeal Panel in writing for a review of the decision to impose a Temporary Suspension. A party seeks review by submitting this form explaining the reason for their request for review and including any written evidence in support of such request. The Title IX Coordinator will inform the non‐petitioning party that a request has been filed and provide a copy of the request to that party.
  • Review of Temporary Suspension Request Form
    • Download here.
    • The non-petitioning party may submit a written response to the respondent’s petition for a review of the decision to impose a Temporary Suspension, but is not required to do so. The response should be submitted to the Title IX Coordinator. Any written response must be submitted within three (3) business days of receipt of the petition. The Title IX Coordinator will offer a written response to such petition within four (4) business days of receipt of the petition. For good cause, the Appeal Panel may grant requests for extensions.

Investigation

  • Witness Request Form
  • Evidentiary Material Request Form
    • Download here.
    • Parties must complete this form—identifying the evidentiary material and the individual or entity in possession of the material—for each item of evidentiary material they request the investigator gather.  Evidentiary materials include, but are not limited to, physical evidence, documents, communications between the parties, and other electronic records and media.
    • The investigator will gather relevant, available evidentiary materials, including physical evidence, documents, communications between the parties, and other electronic records and media as appropriate.  Please note that not all evidentiary materials requested will necessarily be “available” to the investigator.
  • Expert Testimony and Materials Request Form
    • Download here.
    • If the investigator determines that expertise on a topic will assist the Hearing Panel in making their determinations, upon their own initiative or at the request of a party, the investigator may include in the investigative record medical, forensics, technological, or other expert testimony and materials (such as writings and recordings) that the investigator deems relevant and reliable when the investigator determines that expertise on a topic will assist the Hearing Panel in making their determinations.
  • Transcript Review Form
    • Download here.
    • Interviewees may review the transcript of their investigative interview. Interviewees are not required to provide the investigator with comments or corrections based on their review of their investigative interview. If an interviewee would like to provide comments or corrections upon review of the transcript of their investigative interview, the interviewee must complete this form.
  • Exclusion or Redaction Request Form
    • Download here.
    • At the request of a party or witness, the investigator will generally exclude and, as necessary, redact content falling into one of the following four categories: (1) Prior Sexual History; (2) Past Findings; (3) Mental Health Treatment and/or Diagnosis; (4) Sensitive Personal Identifying Information and Medical Records. The investigator will also exclude and, as necessary, redact content that is impermissible under applicable law.
  • Review of Investigative Record Form
    • Download here.
    • Parties have (5) business days, subject to requests for reasonable extensions, to review the draft investigative record and make a written submission.
  • Investigation – Extension Request Form
    • Download here.
    • The investigator will establish reasonable time limits for the various stages of the investigation, including meetings and deadlines for any submissions or responses, and the parties must adhere to these time limits. The parties may request extensions that will be granted, if reasonable, at the discretion of the investigator. Extensions granted to one party will be granted to the other party. Delays simply to prolong the process will not be permitted, and failures to meet deadlines will result in forfeiture of a party’s ability to participate in that aspect of the investigation.

Pre-Hearing

  • Opening Statement Form
    • Download here.
    • The written Opening Statement must be submitted, subject to requests for reasonable extensions, five (5) business days after the parties are provided with copies of the final investigative record and report. The written Opening Statement may not to exceed 2500 words.
  • Pre-Hearing – Witness Request Form
    • Download here.
    • Parties must complete this form for each witness the party wants to appear before the Hearing Panel.  The parties may request only witnesses who were interviewed by the investigator during the investigative process, with a limited exception for newly discovered evidence.
    • Before submitting the Pre-Heaing – Witness Request Form, please review the Pre-Hearing – Questions and Topics – Overview and Guidelines for Content and Form by clicking this link.
  • Pre-Hearing – Witness Questions and Topics Form
  • Pre-Hearing – Submission Extension Request Form
    • Download here.
    • For Pre-Hearing Submissions—the Written Opening Statement, Witness Request Form, and Questions and Topics Form—the parties may request extensions that will be granted, if reasonable, at the discretion of the Hearing Chair. Any extension granted to one party will be granted to the other party.  Delays simply to prolong the process will not be permitted. Failure to make these submissions within the deadline or any approved extension will result in a forfeiture of the right to do so later.
  • Newly Discovered Evidence
    • Download here.
    • If after the issuance of the final investigative record and investigative report and prior to the issuance of the Hearing Panel decision, a party seeks to present a witness or introduce evidence not requested prior to the hearing and not disclosed to the investigator, the Hearing Chair may grant such request upon a showing that the witness or evidence is relevant, material, newly discovered, and could not have been discovered during the investigation with due diligence.

Hearing

  • Request to Reschedule Hearing Form
    • Download here.
    • Either party may request to have a hearing rescheduled. Absent extenuating circumstances, requests to reschedule must be submitted to the Title IX Coordinator at least three (3) business days prior to the hearing. A request to reschedule a hearing must be supported by a compelling reason for the delay.
  • Written Closing Statement Form
    • Download here.
    • The Hearing Chair will set the schedule for submission of written Closing Statements.  The parties should assume that deliberations will commence immediately following the hearing, in which case the parties will be expected to submit written Closing Statements shortly after the oral closing statements.  The written Closing Statement may not exceed 2000 words.

Sanctions

  • Impact/Mitigation Form
    • Download here.
    • The parties may, but are not required, to prepare a written or audio/video recorded Impact/Mitigation Statement relevant to any sanctions.  The parties may submit the statement up until the start of a hearing.  The statement will be distributed to the Hearing Panel and the other party if the Hearing Panel finds the respondent responsible.

Appeal

  • Appeal of a Hearing Panel Decision Form
    • Download here.
    • Both parties may appeal a decision of the Hearing Board.  The appealing party commences an appeal by submitting this form to the Title IX Coordinator within ten (10) business days, subject to requests for reasonable extensions, of service of the Hearing Panel’s decision.  The Appeal may not exceed 3500 words.
  • Response to an Appeal of a Hearing Panel Decision Form
    • Download here.
    • A response to an appeal may be submitted to the Title IX Coordinator within ten (10) business days, subject to requests for reasonable extensions, of service of the other party’s appeal.  The Response to an Appeal of a Hearing Panel Decision may not exceed 2500 words.
  • Appeal – Extension Request Form
    • Download here.
    • Within the ten (10) business days, the party may request an extension of time to submit or to respond to an appeal.  The Appeal Panel will have discretion to grant such a request upon a finding of good cause for the delay.
  • Appeal – Request for a Stay Pending Appeal and Response to Request for a Stay Pending Appeal
    • Download here.
    • The Appeal Panel has discretion to stay any sanctions pending a final decision on the appeal. It may but is not required to stay a sanction where the appealing party demonstrates the need for a stay by a clear showing. An application for a stay must be submitted to the Title IX Coordinator. The Title IX Coordinator will provide a copy of the stay application to the Appeal Panel and the other party, who is entitled to respond to the stay application by submitting to the Title IX Coordinator a written response.

Other

  • Review of Threshold Determination
    • Download here.
    • The complainant may to seek review by a Hearing Panel of the investigator’s threshold determination that when viewing the evidence in the light most favorable to the complainant, there is no reasonable basis to find that the respondent committed the alleged prohibited conduct under these procedures. The complainant must commence the review within ten (10) business days by submitting a letter explaining why they think the dismissal is erroneous and including any written evidence in support of their position. The materials should be submitted to the Title IX Coordinator, who will forward them to the Hearing Panel and Hearing Chair (who provides guidance to the Hearing Panel but does not have a vote in a decision).
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