Columbia University Disciplinary Procedure for Sexual Assault

After the Hearing has commenced, the Hearing Panel shall make any procedural decisions that they deem necessary to assure fairness and avoid undue delay. The Hearing Panel will determine the admissibility, relevance, and materiality of the evidence offered, and may exclude evidence or witnesses that they deem to be cumulative, irrelevant or disruptive. Conformity to the legal rules of evidence shall not be necessary. The Hearing Panel may stop the Hearing at any time if any person becomes disruptive. The Hearing Panel may seek guidance from the Office of General Counsel at any time prior to or during the Hearing with respect to procedural issues.

The Respondent has the right to testify in his or her own defense but may choose not to do so. However, if the Respondent chooses not to appear or to testify, he or she will be informed that the Hearing Panel will proceed to a decision.

The prior sexual history of either party is not admissible in the Hearing, except testimony submitted by a party concerning his or her own sexual history. Either party may submit evidence of the history of any sexual relationship between the parties. If either party submits such evidence, then the other party has the right to rebut that evidence.

The supporter accompanying each person may not pose questions or intervene in the proceedings but may talk quietly or pass notes to the party he or she is accompanying in a non-disruptive manner.

Unless both parties agree, neither will be present to hear the other testify. Provisions will be made for each of the parties to watch a simultaneous transmission of the testimony on closed-circuit television. Witnesses' testimony will also be made available to the parties by simultaneous closed circuit-transmission.

Both the Complainant and the Respondent may submit written questions to the Hearing Panel to be asked of the other party and of potential witnesses, at the discretion of the Hearing Panel. Such questions may be submitted in advance of their own appearance before the Hearing Panel, during breaks in testimony by the witness, or subsequent to learning of testimony given before the Panel. This may require that a witness who has already testified be recalled.

A verbatim transcript of testimony will be kept for the use of the Panel and for purposes of any appeal. Each party will be given copies of any submissions or evidentiary material that is submitted to the Panel.

Each party shall have an opportunity to present a written or oral argument in support of his or her position, based on the evidence submitted, before the Panel retires for its deliberations.

Members of the Hearing Panel must be convinced by clear and convincing evidence that a violation of the Sexual Assault Policy has occurred, but unanimity of the Panel is not required for a finding of a violation.

Prior to the closing of the Hearing, the Complainant and Respondent may submit an "impact statement" to the Panel. In the event of a finding of a violation of the Policy, the Panel may consider the impact statements in making a recommendation for sanctioning but shall not consider them in the absence of the finding of a violation.

All deliberations of the Hearing Panel will be held in private.

The decision of the Hearing Panel shall be in a written report and shall include the rationale for the decision and any supporting evidence. The student member, if any, may submit a dissent. The decision should in most cases be rendered within ten days of completion of the Hearing. The written report will also recommend an appropriate sanction if a violation has been found.

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"Days" in all cases is to be interpreted as "working days," when the University is in session and excluding University holidays and weekends.

Disclaimer: The policy and procedures set forth on this Web site have been approved by the University's office of the General Counsel and are effective as of September 2008; accordingly, they are the governing Disciplinary Procedures for Sexual Assault.