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All survivors of sexual misconduct are encouraged to report the incident to appropriate law enforcement agencies. If requested,
college personnel will assist the survivor in notifying these authorities. A student survivor may also choose to file a report with Campus Safety at 596-9026 or with the Director of Residential Life in
The Division of Student Affairs office at 596-9016.
Reports of misconduct that have occurred off-campus may also be made to either Campus Safety or the Director of Residential Life who will then assist the survivor in locating the appropriate on-campus and off-campus resources for assistance.
Whether legal or disciplinary action is desired, an anonymous report may be filed, at any time, with the College Counseling Services (596-9595) or Health Services (596-9258).
PROCEDURES FOR THE ACCUSED
STUDENT
Hearing Formats
Individuals thought to have relevant information or testimony, including the accused student, will be contacted and interviewed by appropriate
college officials, If sufficient information is available to conclude there are “reasonable grounds” to do so, the
college will issue charges from the code of conduct and will conduct a hearing following one of three possible formats:
- a pre-hearing adjudication in which the charged student accepts responsibility for the charge(s) and requests to have sanctions determined by the hearing authority, Dean of Student, without a formal hearing.
- administrative hearing in which a College official, the Dean of Students or Dean of the College of Arts and Sciences, is authorized to consider testimony and act as hearing officer, deciding whether the accused is responsible for the charge(s) as issued
- a hearing before a Campus Judicial Board, a group of faculty, staff and students who are trained and authorized to conduct hearings to determine responsibility and appropriate sanctions.
The Campus Judicial Board members are: Chair of Honor Board, Chair of Civitas Council, Director of Residential Life, either the Dean of the College of Arts and Sciences or the Dean of the Petrie School of Music, and the Dean of Students (chairperson).
Hearing Procedures
In each of these hearing formats, the burden of proof shall be on the College as the complaining party. Decisions regarding responsibility for charges shall be based on a “preponderance of evidence” standard, meaning responsibility does not have to be proven beyond a reasonable doubt. The College need only demonstrate that the charged student is more likely than not responsible for the charge. Regardless of the format chosen, hearing officers will not be restricted by technical rules of evidence. In these informal, non-adversarial hearings, there is no formal cross examination Reasonable accommodations may be made in hearing procedures , e.g. indirect questioning or special seating arrangements in the hearing room.
Sanctions
Possible sanctions include expulsion, suspension for a period of time, disciplinary probation, restitution, an official warning, or any combination of these. Conditions, restrictions, or specific prohibitions may be issued with or attached to any of these sanctions. The outcome of the hearing shall be reported as a violation of the College Sexual Misconduct Policy in the student’s confidential record maintained in the Campus Life Office.
Appeal
If the accused student wishes to appeal the hearing board’s outcome or sanction, she/he may appeal to the Appeals Board of the College, as stipulated in the Student Handbook.
RIGHTS OF THE ACCUSED STUDENT
- an explanation of the charges.
- an explanation of the campus judiciary process.
- a preference as to whether a campus hearing will be held by administrative staff or hearing board. (The Director of Residential Life will determine the type of hearing to be held.)
- be presumed innocent.
- a fair, impartial, speedy hearing.
- have someone accompany him/her through the hearing. (All participants will be bound by the rules of confidentiality governing the hearing.)
- remain present for the entire proceeding and to inspect evidence presented, assuming the accused student maintains appropriate decorum during the proceeding.
- know ahead of time the names of witnesses to be called in the hearing.
- remain silent.
- testify on his/her own behalf.
- be free from a second hearing on the same charge after the student’s actions have been found not in violation of the code of conduct.
- be informed in a timely manner of the board’s findings and of the outcome of the hearing.
- appeal the decision of the hearing board.
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