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Cornell University

Title IX & Sexual Misconduct

Cornell Office of Civil Rights

Forms

The parties are not required to make written submissions during the investigation, hearing, or appeal processes, 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 appeal processes, 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 and word limits. Word limits include all footnotes and citations such as citations to pages in the appendices of the final investigative record.

Supportive Measures Forms

Review of Decision Regarding Supportive Measures

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  • 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 Supportive 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

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  • 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

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  • 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 Forms

Witness Requests

  • Download Form.
  • Parties must complete this form for each individual they would like the investigator to interview.  At the hearing on this matter, the parties may request only witnesses who were interviewed by the investigator during the investigative process, with a limited exception for newly discovered evidence.

Evidentiary Material Request

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  • 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

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  • 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

  • Download Form.
  • 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

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  • 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

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  • Parties have (10) business days, subject to requests for reasonable extensions, to review the draft investigative record and submit in writing.
  • The parties’ responses should not include arguments about why the Hearing Panel should find in their favor, these arguments are more appropriately made as part of the opening statement.

Relevance of Evidentiary Material

  • Download Form.
  • If the investigator excludes a piece of evidence a party believes should be provided to the Hearing Panel, the party must complete this form to request that the material be included in the Investigative Record that is provided to the Hearing Panel.

Investigation – Extension Request

  • Download Form.
  • 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 Forms

Request for Consolidated or Severed Hearings

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  • Parties must complete this form to explain their preferences for consolidated or severed hearings.

Conflict of Interest

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  • Parties who seek to notify the Hearing Chair of a potential conflict of interest with either a Hearing Panel member or the Hearing Chair must use this form. The form should be submitted within two (2) business days of receipt of written notice of the Hearing Chair and Hearing Panel members, and include facts substantiating the claim of conflict.

Opening Statement

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  • The written Opening Statement must be submitted, subject to requests for reasonable extensions, at the discretion of the Hearing Chair, five (5) business days after the parties are provided with copies of the final investigative record and report. The parties may not add, or address information not contained in the investigative record before the Hearing Panel, as the Hearing Panel will not consider new information. Nor may the parties address issues that pertain to sanctions and remedies. The parties may appropriately raise such issues in their Impact/Mitigation Statements. The written Opening Statement may not exceed 2500 words.

Pre-Hearing – Witness Request

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  • Parties must complete this form for each proposed party or 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.

Pre-Hearing – Witness Questions and Topics

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  • Once the parties are provided with the witness list for the hearing, the parties may complete this form to suggest questions and topics for each witness.

Pre-Hearing – Submission Extension Request

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  • For Pre-Hearing Submissions—the Written Opening Statement, Witness Request Form(s), and Questions and Topics Form (student procedures, Hearing Process B, only)—the parties may request extensions that may 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

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  • If after the issuance of the final investigative record and investigative report and prior to the issuance of the Hearing Panel decision, a party or the investigator seek to present a witness or introduce evidence not requested prior to the hearing and not disclosed to the investigator, the Hearing Chair may grant admission of the evidence, 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 Forms

Request to Reschedule Hearing

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  • 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 (5) business days prior to the hearing. A request to reschedule a hearing must be supported by a compelling reason for the delay. The submission will be forwarded to the Hearing Chair and may be granted at the Hearing Chair’s discretion.

Written Closing Statement

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  • 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.

Sanction Form

Impact/Mitigation

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  • The parties are permitted, 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 parties only if the Hearing Panel finds the respondent responsible.

Appeal Forms

Appeal of a Hearing Panel Decision

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  • Both the party-complainant and the respondent may appeal a decision of the Hearing Panel.  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

  • Download Form
  • A response to an appeal may be submitted to the Title IX Coordinator within ten (10) business days of receipt of the other party’s appeal, subject to requests for reasonable extensions. The response should address both the specific ground(s) for appeal set forth in the appealing party’s statement and the specific facts asserted by the appealing party. The Response to an Appeal of a Hearing Panel Decision may not exceed 2500 words.

Appeal – Extension Request

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  • Within the ten (10) business days, a 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

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  • In Formal Complaints using Hearing Process B, only, 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 Forms

Review of Threshold Determination

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  • The complainant may 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. The complainant must request the review within ten (10) business days by submitting a letter explaining why they think the threshold determination 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).

Review of Dismissal of a Formal Complaint

  • Download Form
  • The complainant may seek review by a Hearing Panel of the Title IX Coordinator’s dismissal of a Formal Complaint. The complainant must commence the review within ten (10) business days by submitting a letter explaining wh 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).