Witnesses

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.

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.

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.

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.

When a witness meets with the investigator, the investigator will ask the witness questions related to the allegations and may ask if the witness has any information to submit (e.g., documents, texts, emails, images, etc.) for the investigator to review and consider. In some cases, the investigator may ask to interview a witness more than once if additional information becomes available since the previous interview with the witness and/or to follow up with a witness to clarify information or previous statements.

It is important to note that while the investigator may ask a witness questions about what a witness may know or have observed, the investigator will only share with a witness information about the investigation, including the specifics related to an allegation if the investigator determines it is necessary to do so to further information gathering or to seek clarification of information already gathered. In order to protect the privacy of all those involved and the integrity of the investigation, the investigator is not otherwise obligated to share any information related to the investigation with a witness.

When witnesses share information with the investigator, they participate in the fact-gathering portion of the investigation process.

Although witnesses share information with the investigator, not all information shared or offered to the investigator may pertain to or be relevant to the allegations that prompted the investigation (i.e., information attesting to the character of someone in most cases is not considered to be relevant). As a result, the investigator will determine what information is relevant to the allegations and what is not. The investigator will only use the information the investigator deems relevant to the allegations to analyze and determine whether Marshall’s policy has been violated.

Marshall protects the privacy of individuals who participate in the investigation, including witnesses. This means that information about witnesses, including their identity and what information they share with the investigator, is shared only with those individuals involved in the investigation and resolution of a complaint who need to know to fulfill a responsibility in the investigation and resolution process. However, Marshall can not guarantee confidentiality or anonymity to anyone participating in the investigation, including Complainants and Respondents.

To ensure fairness, the investigation process provides rights to both Complainants and Respondents to:

1. know the allegations the investigation is seeking to resolve (the scope of the investigator’s inquiry); and,
2. be offered a meaningful opportunity to respond to the information gathered during the investigation that will be used to analyze and determine whether Marshall’s policy has been violated and whether Marshall will take any action against a respondent.

As a result, in most cases, the complainant and respondent will know the information a witness shares with the investigator, including the witness’s identity.

Additionally, to conduct a thorough investigation, there may be times during the investigation when the investigator may be required to share information provided by one witness with other witnesses to facilitate the fact-gathering portion of the investigation.

In order to preserve the privacy of Complainants and Respondents, Marshall does not share with witnesses the investigation report or the outcome of the investigation nor any sanction, discipline, or any other Marshall action that may result from the investigation process.

Once the investigation report is finalized, Complainants and Respondents have the right to receive a copy of the investigation report; witnesses do not have this same right. For completeness of the investigation file and Marshall record, and consistent with due process rights for Complainants and Respondents, witness names are provided to the parties.

An investigation is the mechanism the University 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.

The investigator is charged with gathering information related to the allegations, and based upon that information, to determine what occurred. The determinations of the investigator rely directly upon the information gathered, thus the information gathered by the investigator forms the foundation upon which the allegations are substantiated and upon which the outcome of the investigation is based.

Individuals identified as having information related to the allegations who refuse to participate in the investigation, are by extension withholding information that may be critical to the outcome of an investigation, and in turn a determination about whether University policy has been violated.

University policy prohibits retaliation against those who participate in the Title IX process. Despite such a prohibition, the University 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 Office to discuss possible ways the University 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.

In order to protect the privacy of all who are involved in the investigation process (including complainants, respondents, and witnesses) and to protect the integrity of the investigation process, witnesses involved in the investigation are required to keep information learned during the investigation confidential and are not permitted to share such information with any third party. Any breach of this duty may be subject to action by the Marshall.

If you have any questions or would like additional clarification regarding the investigation process, please contact the Title IX Office by emailing titleix@marshall.edu or calling 304-696-3075.

IF YOU HAVE AN EMERGENCY: Contact MUPD at 304-696-4357 or 9-1-1.