Investigative Process

Every report of harassment or discrimination is promptly reviewed and evaluated by the EEO Investigator I (the investigator). The trained investigator will make a determination whether or not to initiate an investigation. The investigator acts as a neutral fact-finder for the report.

*Please note: The OEEO reserves the right to close the report if a complainant is non-responsive to requests for additional information. Closed reports can be reopened at a later time if requested by the complainant.

After the investigator has a complete understanding of the report, a determination about the next steps will be made in cooperation and consultation with the complainant.  There are a variety of outcomes that may result based upon the complainant's preferences and severity of the report. These outcomes can include:

• The complainant may determine they do not wish to pursue any further action and the report may be closed.*
• The complainant may be referred to another office at Miami for further review and resolution because the report does not involve a protected class, or does not rise to the level of a policy violation.
• The complainant may request an informal resolution for a report that does not rise to the level of a policy violation. An informal resolution consists of a meeting between the investigator, the person accused (the respondent) and other additional parties as requested such as an advisor, supervisor, dean, etc.  
• The complainant may request an investigation. (Refer to "Step 3" below)

 *Closed reports can be reopened at a later time if requested by the complainant.

An investigation will be opened if both of the following two conditions are met:

1. The investigator has determined the extent and severity of the report if true would rise to a violation of Miami's Policy Prohibiting Harassment and Discrimination and 
2. The complainant is agreeable to moving forward with an investigation

When an investigation is opened, a letter is sent from the investigator to the respondent (with a copy to the complainant) notifying them that an investigation has been initiated. This letter, referred to as the Notice of Investigation or NoI, also includes the report made against the respondent. Following the NoI, the investigator will conduct interviews with witnesses and collect evidence pertaining to the report. All parties will have the opportunity to be accompanied by an advisor, to present information and respond to written reports, and to ask that witnesses be interviewed.  

For cases of harassment or discrimination, the formal investigative process typically take 30 calendar days to complete. Both the complainant and respondent are permitted to review the OEEO investigation file at any time upon request. 

After the Letter of Finding is issued, both the complainant and the respondent are permitted to review the OEEO investigation file.

At the conclusion of the investigation, the investigator will provide written notification to both the complainant and respondent outlining whether or not reasonable cause exists to conclude a policy violation has occurred. This letter is referred to as the Letter of Finding or LoF. Based upon the preponderance of evidence, or the evidence that has the greater weight of credibility, the LoF will include documentation to support the conclusion. If no policy violation is found, the case may be closed and/or referred to a different office if appropriate. If there is a finding of a policy violation, the case is referred to the appropriate authority for discipline/corrective action. OEEO does not make disciplinary decisions. 

After the Letter of Finding is issued, both the complainant and the respondent are permitted to review the OEEO investigation file.