{"id":129,"date":"2023-07-25T18:01:15","date_gmt":"2023-07-25T18:01:15","guid":{"rendered":"https:\/\/www.marshall.edu\/titleix\/?page_id=129"},"modified":"2024-11-26T12:59:37","modified_gmt":"2024-11-26T17:59:37","slug":"witnesses","status":"publish","type":"page","link":"https:\/\/www.marshall.edu\/titleix\/witnesses\/","title":{"rendered":"Witnesses"},"content":{"rendered":"

Witness Resource Guide<\/h2>\n

\"\"Witnesses are a very important part of the Title IX Process. A witness is someone who has information about an alleged incident or situation that is being investigated. This information can be either direct knowledge, secondary knowledge, or serving as an expert witness.<\/p>\n

In the investigation process, person(s) bringing forward allegations, or in certain cases, person(s) against whom sexual misconduct allegedly occurred, are referred to as \u201cComplainant(s),\u201d and those who are alleged to have committed sexual misconduct are referred to as \u201cRespondent(s).\u201d\u00a0 Sometimes Complainant(s) and Respondent(s) are referred to individually as \u201ca party\u201d or jointly as \u201cthe parties.\u201d\u00a0 Individuals who have direct or relevant experience with or knowledge of events, issues, or circumstances related to the investigation, or who Complainants or Respondents want the investigator to speak with, are referred to as witnesses.<\/p>\n

Either party (the Complainant and\/or the Respondent), the Investigator, and\/or the Review Panel can request individuals to serve as witnesses. If someone names you as a witness, you will be asked by a Title IX Administrator to participate in the process. Your role as a witness in the Title IX process is incredibly important.<\/strong> You can provide information that allows the investigators and decision makers to piece together facts regarding the alleged incident. It is important for you to be honest and upfront in order for administrators to find the facts of the alleged incident.<\/p>\n

What is a Title IX Investigation?<\/h3>\n

An investigation is part of the administrative process Marshall uses to determine whether Marshall’s policy has been violated. The investigation is not a legal or disciplinary proceeding. As a result, a Title IX investigation does not determine guilt or innocence relative to any local, state, or federal law. It thus does not adhere to the same rules that govern or might be applied in a legal or disciplinary proceeding.<\/p>\n

In the Title IX investigation process, individuals bringing forward allegations are referred to as Complainants, and individuals responding to allegations are referred to as Respondents. Sometimes Complainants and Respondents are referred to individually as \u201ca party\u201d or jointly as \u201cthe parties.\u201d Individuals who have direct experience with or knowledge of events, issues, or circumstances related to the investigation or whom Complainants or Respondents want the investigator to speak with are referred to as witnesses.<\/p>\n \n \n \n \n

\n I received an email, call, or text from an investigator requesting an interview. Why was I contacted?\n <\/div>\n\n \n \n <\/path>\n <\/svg>\n <\/span>\n <\/button>\n\n \n
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Your name was either shared by someone involved in an ongoing investigation or you were identified as a person that may have relevant and important information about the alleged incident(s) to share with investigators.<\/p>\n\n\n <\/div>\n <\/div>\n <\/div>\n \n \n \n

\n I am a community member (not faculty, staff, or a UTSA student), and I have been identified as a witness in an investigation. Am I required to participate in the investigation?\n <\/div>\n\n \n \n <\/path>\n <\/svg>\n <\/span>\n <\/button>\n\n \n
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In these situation, Marshall’s Title IX Office encourages you to participate in the investigation.<\/p>\n

If witnesses do not participate in the process, it is more difficult for Marshall combat discrimination, harassment, or sexual misconduct. Marshall’s Title IX Office recognizes that it may be difficult to participate in an investigation and the concerns witnesses may have regarding how their participation may influence or impact their academic and\/or professional life, as well as personal and professional relationships. Individuals who have such concerns are strongly encourage to contact Marshall’s Title IX Office at titleix@marshall.edu<\/a> or call 304-696-3074.<\/p>\n\n\n <\/div>\n <\/div>\n <\/div>\n \n \n \n

\n I am a Marshall faculty or staff or a Marshall student, and I have been identified as a witness in an investigation. Am I required to participate in the investigation?\n <\/div>\n\n \n \n <\/path>\n <\/svg>\n <\/span>\n <\/button>\n\n \n
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It is important that you assist in the Title IX process at Marshall. You can provide valuable information related to the alleged incident, and contribute to fact finding of the investigation. An investigation is a mechanism Marshall uses to determine whether its policies against discrimination and harassment have been violated and to correct and address violations that have occurred. The investigation process relies on the willingness of individuals to participate. However, the decision to participate as a witness in the investigation process is an individual one.<\/p>\n

Marshall recognizes the difficulty of participating in an investigation and the concerns that witnesses have for how their participation may influence or impact their professional life and personal and professional relationships. Individuals who have such concerns are strongly encouraged to contact the Title IX Investigator to discuss possible ways the Marshall may help to prevent potential acts of retaliation, to respond to acts of retaliation that do occur, and\/or work with a witness to provide mitigating solutions as appropriate and reasonable that may help a witness to participate in the investigation.<\/p>\n\n\n <\/div>\n <\/div>\n <\/div>\n \n \n \n

\n What is an investigator?\n <\/div>\n\n \n \n <\/path>\n <\/svg>\n <\/span>\n <\/button>\n\n \n
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The investigator gathers information (fact-gathering) and determines what occurred (fact-finding). The investigator will gather information and evidence, determine which of the information and evidence is relevant to the allegations, conduct an analysis of the relevant information, and make findings of fact. The investigator the Marshall assigns to conduct the investigation, whether an internal or external investigator, does not act as an advocate, represent the Marshall in a legal action or proceeding and does not provide any legal advice to the Marshall related to the investigation process.<\/p>\n\n\n <\/div>\n <\/div>\n <\/div>\n \n \n \n

\n The Role of the Investigator\n <\/div>\n\n \n \n <\/path>\n <\/svg>\n <\/span>\n <\/button>\n\n \n
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The investigator is charged with gathering information (fact gathering) and determining what occurred (fact finding). The investigator will gather information and evidence, determine which of the information and evidence is relevant to the allegations, conduct an analysis of the relevant information, and recommend findings regarding responsibility. The investigator the University assigns to conduct the investigation, whether an internal or external investigator, does not act as an advocate, provide advice to the University with respect to what actions, if any, should be taken as a result of findings, represent the University in an legal action or proceeding, and does not provide any legal advice to the University related to the investigation process.<\/p>\n\n\n <\/div>\n <\/div>\n <\/div>\n \n \n \n

\n What will meeting with the Investigator be like?\n <\/div>\n\n \n \n <\/path>\n <\/svg>\n <\/span>\n <\/button>\n\n \n
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The Investigator\u2019s main role is to gather relevant information.<\/div>\n
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In achieving this purpose, Marshall’s Title IX Office will:<\/div>\n
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