Witness Resource Guide
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.
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 “Complainant(s),” and those who are alleged to have committed sexual misconduct are referred to as “Respondent(s).” Sometimes Complainant(s) and Respondent(s) are referred to individually as “a party” or jointly as “the parties.” 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.
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. 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.
What is a Title IX Investigation?
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.
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 “a party” or jointly as “the parties.” 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.
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.
In these situation, Marshall’s Title IX Office encourages you to participate in the investigation.
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 or call 304-696-3074.
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.
- Always will record any investigative interview.
- Ask you about what occurred and allow you the opportunity to share information related to the matter.
- If necessary, ask follow-up questions to better understand the information you have shared.
- If necessary, ask for information or documentation that you might have, such as texts, screenshots, emails, photos, etc., that could help the Marshall’s Title IX Office better understand the situation and that could otherwise be used in connection with the investigation.
- Conclude the meeting by asking if there is anything else you would like to share, such as information the Investigator didn’t ask about but that you feel is important regarding the matter.
- Provide contact information for questions you may have or for you to provide more information regarding the matter.
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.
No, unless there is specific information or material such as screenshots, text messages, photos, or other digital or physical documentation that you want to share with the investigator. Alternatively, you can email or otherwise deliver any documentation to the investigator after the meeting.
No, witnesses are not allow to bring anyone with them to an interview.
For students, Marshall University’s Counseling Center is available as a confidential resource for all students.
For employees, Marshall University’s Employee Assistance Program is available as a confidential resource for all employees.
In an effort to encourage reporting of sexual misconduct, Marshall may grant amnesty from student disciplinary action to a person who acts in good faith in reporting an incident, filing a Formal Complaint, or participating in the investigative process. This amnesty does not extend to the person’s own violations of sexual harassment and sexual misconduct policies.
For example, if you and your friends are under 21 and were drinking alcohol at an on-campus party where domestic violence or sexual assault occurred, and you report this sexual misconduct in good faith, remained at the scene and participated in the process as a witness, you may not be disciplined for the consumption of alcohol as Marshall will generally grant amnesty for violations of the Student Code of Conduct related to the alcohol consumption.
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 explain the questions being asked or to seek clarification or other perspectives of information already gathered. In order to protect the privacy of all those involved, as well as the integrity of the investigation, the investigator will not otherwise share with a witness any information related to the investigation.
In some cases, the Investigator may ask to interview a witness more than once if additional information becomes available since the initial interview and/or to follow up with a witness to clarify information or previous statements.
We seek to protect the privacy of individuals who participate in the investigation process, including witnesses as much as possible. 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 have a legal right or other need to know.
- Both parties must have notice of the complaint and allegations the investigation is seeking to resolve; and both parties must be offered a meaningful opportunity to respond to the information gathered during the investigation.
- As a result, generally speaking, both the Complainant and Respondent will be provided the information a witness shares with the investigator, including the identity of the witness and what information they shared. Additionally, in order to conduct a thorough investigation, there may be occasions when the investigator may need to share information provided by one witness with other witnesses in order to facilitate the fact-gathering portion of the investigation. A party cannot prevent the disclosure of information to which the other party has a right.
Ultimately, we cannot and do not guarantee confidentiality or anonymity to anyone participating in the investigation process, including Complainants, Respondents, or witnesses. However, as may be required by law, we will not release personally identifiable information or other protected information publicly. Further, Marshall prohibits retaliation against any person who participates in the investigative process.
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. The Investigator will use your information along with all relevant evidence collected to compile a report when their investigation is complete. This report will be provided to the parties for their review and comments, and used in the resolution of the complaint by the Review Panel or appeal officer.
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:
- know the allegations the investigation is seeking to resolve (the scope of the investigator’s inquiry); and,
- 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.
Marshall policies prohibit retaliation against persons who are involved with the investigative process in any way, including Complainants, Respondents, and witnesses. If you believe you or someone else is experiencing retaliation, we strongly encourage you to contact us or make a report immediately so the matter can be addressed appropriately.
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.
Witnesses may be asked by one of the parties or by an office at Marshall to attend and participate in a formal hearing. Doing so is an important component of the Review Panel’s decision-making, as the presence and participation of witnesses at a hearing is important to the outcome of the complaint. Marshall encourages every person with relevant knowledge to participate in hearings if asked.
Marshall’s Title IX Office will provide a written excuse to any student, faculty, or staff member in order to attend the hearing. Contact the Title IX Office at titleix@marshall.edu to request the written excuse.
If you have a disability or need assistance in communicating with investigators or hearing panelists, please contact us at titleix@marshall.edu as soon as possible to allow us to connect you to the right office to assist with planning for appropriate accommodations.
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.
Resources
The Title IX process can also be an emotional process for witnesses. If you feel you need support or services, please contact some of our community resources below.
IF YOU HAVE AN EMERGENCY: Contact MUPD at 304-696-4357 or 9-1-1.
Phone: 304-696-4357 (For emergencies & non-emergencies)
Website
Phone: 304-675-1104
Phone: 304-523-3447
24-hour crisis hotline: 304-399-1111
Website
24-hour crisis hotline: 304-529-2382
Email: info@branchesdvs.org
Website
Website
Phone: 304-696-2772
Contact – Dr. Penny Koontz
Website
(this resource may have costs associated with it)
Phone: 304-696-3751
Contact – Dr. Peggy Harmon
Website
(this resource may have costs associated with it)
Phone: 304-696-5701
Email: vprprogram@marshall.edu
Website
If you have any questions or would like additional clarification regarding the investigation process, please contact the Title IX Investigator.