26 | STEVENS ANNUAL SECURITY AND FIRE SAFETY REPORT however, the mere fact of a current or previous dating or sexual relationship, by itself, is not sufficient to constitute consent. ii. To show someone other than Respondent engaged in the conduct. c. Prior or Subsequent Conduct by a Respondent: In gathering information, the Investigator may also consider other reports of, or findings of responsibility for, prior or subsequent conduct by the Respondent to the extent such information is relevant and available. Such information may be relevant to prove motive, intent, absence of mistake, pattern, or another material fact. For example, where there is evidence of a pattern or conduct similar in nature by the Respondent, either prior to or subsequent to the conduct in question, regardless of whether there has been a finding of responsibility, this information may be deemed relevant and probative to the determination of responsibility and/or assigning of a sanction. Where there is a prior finding of responsibility for a similar act of misconduct, there is a presumption of relevance, and the finding may be considered in making a determination as to responsibility and/or assigning of a sanction. d. Any party seeking to introduce information about prior sexual history or pattern evidence should bring this information to the attention of the Investigator at the earliest opportunity. g. Investigative Report The Investigator will produce a written investigation report that fairly summarizes the relevant information and facts, both inculpatory and exculpatory, gathered during the investigation. As noted above, the Investigator has the discretion to determine the relevance of any witness or other evidence. The investigation report will include the Investigator’s assessment of credibility and recommended finding on responsibility, but the Hearing Officer has the ultimate and independent decision-making authority on credibility and responsibility. The Title IX Coordinator will provide the investigation report, along with a written notice of hearing, to the parties, their advisors, and the Hearing Officer, in electronic format or hard copy format ten (10) days prior to the scheduled hearing. Each of the Complainant and Respondent may submit a written response to the investigation report within five (5) business days. h. Dismissal of Formal Complaint After reviewing the investigation report, the Title IX Coordinator will review the matter to determine whether it should be dismissed under the Title IX regulations, as outlined in Section VII. i. Acceptance of Responsibility At any point during the investigation, the Respondent may elect to accept responsibility for some or all of the Policy violations at issue. Where there is an acceptance of responsibility as to some but not all of the charges, the investigation will continue to the conclusion. Where there is an acceptance of responsibility as to all of the potential Policy violations, the Investigator will complete an investigation report of all information gathered to date and will refer the matter for sanctioning as described below. j. Notice of Hearing The Title IX Coordinator or designee will provide the Complainant and Respondent with a written notice of hearing at least five (5) days prior to the hearing. The notice of hearing will include: 1. the specific policy violations that will be the subject of the hearing; 2. the date, time, and location of the hearing;
