Frequently Asked Questions for Investigations

Your name was either shared by someone involved in an ongoing investigation, or you were identified as a person who may have relevant and important information about the alleged incidents to share with investigators. You do not have to participate in the investigation as a witness, but it is strongly encouraged.

All witnesses contacted by the investigator are encouraged to participate in the investigation. However, participation is not mandatory, and you can inform the investigator of your decision in your response. If you have any concerns or questions about participating in the investigation, please reach out to the Office of Civil Rights Compliance for assistance at OCRC@pace.edu.

The investigator gathers information (fact-gathering) and determines what may have 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 assigned to conduct the investigation, whether an internal or external investigator, does not act as an advocate, represent Pace University in legal actions or proceedings, and does not provide any legal advice to anyone involved or related to the investigation process.

The Investigator’s main role is to gather relevant information.

In achieving this purpose, Pace’s Office of Civil Rights Compliance will:

• 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 Investigator 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.

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.

If you have a disability or need assistance in communicating with investigators or hearing panelists, please contact Bernard Dufresne at bdufresne@pace.edu as soon as possible to allow us to connect you to the right office to assist with planning for appropriate accommodations.

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 allowed to bring anyone with them to an interview.

In an effort to encourage reporting of sexual misconduct, Pace University 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.

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.

No. Anyone who agrees to participate in the investigation and is interviewed by the Investigator, should understand that any information provided by the witness will be shared with both parties and their Advisors (if any).

Pace University prohibits retaliation against any person who participates in the investigative process.

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 asked to keep information learned during the investigation confidential and should not be permitted to share such information with any third party.

Witnesses may be asked by the Office of Civil Rights Compliance to attend and participate in a Title IX live hearing. Doing so is an important component of the decision-making process, as the presence and participation of witnesses at a hearing are important to the outcome of the complaint. Pace University encourages every person with relevant knowledge to participate in hearings if asked.

To preserve the privacy of Complainants and Respondents, Pace University does not share with witnesses the investigation report or the outcome of the investigation, nor any sanction, discipline, or any other actions that may result from the investigation process.

Pace University 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.

If you have any questions or would like additional clarification regarding the investigation process, please contact the Office of Civil Rights Compliance by emailing OCRC@pace.edu.