Investigative Process

Making a Report of Harassment, Discrimination, or Retaliation

A report may be filed at any time regardless of the length of time between the alleged occurrence and the decision to report. However, the University strongly encourages persons to report promptly in order to facilitate an effective investigation and access to information. A delay in reporting may compromise the investigation.

Investigation of a Report

OEEO may facilitate an informal resolution of the report. An informal resolution of the report does not bar a subsequent formal resolution. The University does not use mediation to resolve reports.

Within thirty (30) calendar days of receipt of a report, OEEO will conduct an investigation to determine whether there is reasonable cause to believe that a violation of Miami's Policy Prohibiting Harassment and Discrimination has occurred, including the extent and severity of the violation. The 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. At the completion of the investigation, OEEO will issue a written report of its investigation that includes a finding of reasonable cause or no reasonable cause and related recommendations. OEEO’s findings will be based on a preponderance of the evidence. A preponderance of the evidence is the evidence that has the most convincing force; that is the greater weight of credible evidence. OEEO will consider all relevant information presented. This standard of evidence essentially asks, “Is it more likely than not that our policy was violated?”

A copy of the OEEO report will be given to both the complainant and the respondent. After the OEEO report is issued, both the complainant and the respondent are permitted to review the OEEO investigation file.