Investigation of incident of power-based violence; periodic updates; notice of findings; disciplinary action

1. In conducting an investigation of an alleged incident of power-based violence an institution within the System shall: (a) Provide the complainant and the respondent the opportunity to identify witnesses and other evidence to assist the institution in determining whether an alleged incident of power-based violence has occurred; (b) Inform the complainant and the respondent that any evidence available to the party but not disclosed during the investigation might not be considered at a subsequent hearing; and (c) Ensure that questions and evidence of the sexual history or sexual predisposition of a complainant are not considered relevant unless the: (1) Questions or evidence are directly relevant to prove that the conduct alleged to have been committed by the respondent was inflicted by another person; or (2) Questions and evidence are relevant to demonstrate how the parties communicated consent in previous or subsequent consensual sexual conduct. 2. An institution within the System shall provide periodic updates on the investigation to the complainant and the respondent regarding the timeline of the investigation. 3. An institution within the System shall notify the complainant and the respondent of the findings of an investigation simultaneously. 4. If an institution within the System imposes any disciplinary action based on the findings of an investigation on a respondent, such disciplinary action must be imposed in accordance with the grievance process of the institution.