G4.2.11 Conclusion of Fact Required
Chapter: Chapter 04: Conduct and Professional Standards
Sub-Chapter: 4.2 - Internal Affairs Investigations
Effective Date: 05/02/2022
Revised Date: 09/16/2024
Rescinds: G4.2.11 – 9/29/2023
Purpose
To provide the Indiana University Police Department (IUPD) with guidance on the conclusion of fact requirement for each allegation of misconduct.
General Order
The IUPD will assign a conclusion of fact for each allegation of misconduct that is investigated. The conclusion of fact will be provided to the employee who was the subject of the complaint investigation.
Conclusion of Fact Required (4.2.11)
At the completion of a complaint investigation, the investigator will document all relevant facts and circumstances related to each allegation and forward their completed report to the major responsible for internal affairs. The major responsible for internal affairs will review the report and make a conclusion of fact determination. The conclusion of fact is the final result of an analysis of the information and will be based on a preponderance of all evidence. Completed complaint investigations will be classified as one of the following:
- Unfounded – The investigation reveals that the allegation is false and did not occur.
- Exonerated – The investigation reveals that the allegation did occur and was lawful and proper.
- Not Sustained – The investigation fails to uncover sufficient evidence to prove or disprove the allegations(s).
- Sustained – The investigation reveals sufficient evidence to prove the allegation occurred.
The employee who was the subject of the complaint investigation will receive a close out letter that lists the conclusion of fact for each allegation. A copy of the close out letter will be included in the Professional Standards System. A copy of the close out letter will also be placed in the employee’s department personnel file and delivered in a secure method to IU Human Resources (HR), who will be responsible for securely storing a copy in the employee’s formal HR file in accordance with their policies and retention schedules.