Columbia University Disciplinary Procedure for Sexual Assault

A student charged with a violation of the University Sexual Assault Policy is entitled to notice of the specific charges, an opportunity to be heard and an opportunity to appeal a disciplinary decision to the Dean of his or her school.

Any student accused of a violation of the University's Sexual Assault Policy ("the Policy") will receive written notice of the complaint and a copy of the Complainant's written statement, if any, at least ten days before the date he or she is scheduled to appear before the panel. In any case where the University believes there may be an issue of public safety, a student may be called to a preliminary hearing without advance written notice, and the time periods set out below for scheduling hearings and for submitting witnesses' names shall not apply to such hearings.

Ordinarily, a disciplinary proceeding begins with a written communication from the Manager, Disciplinary Procedure for Sexual Assault, requiring the student to attend a disciplinary hearing to respond to a specific charge. Charges shall be timely if brought while the responding student is still enrolled in the same school as at the time of the alleged violation, but in no case longer than five years after the occurrence.

The Respondent will be advised that he or she is presumed not to have violated the Policy and that he or she is expected to cooperate in the investigation of the complaint. Additionally, both the person bringing a complaint and the Respondent will be advised of his or her right to a supporter from the University community and of the potential penalties if he or she is found in violation. Both students will be advised that the Hearing process is not a court-like proceeding and that violations of the policy are not subject to criminal penalties. However, outside proceedings may be commenced irrespective of this process. Please note that the internal Disciplinary Procedure for Sexual Assault cannot proceed beyond the report/complaint stage while an outside procedure is pending. Once there has been a resolution, the Columbia process can proceed.

The Disciplinary Procedure for Sexual Assault Manager shall inform both parties of the membership of the Hearing Panel within ten days of receiving a complaint and shall inform both parties of their right to challenge any member on the grounds of prior acquaintance or conflict of interest. Additionally, both the Complainant and the Respondent must notify the Manager within two days of being notified of the membership of the Hearing Panel whether they object to the participation of a student member. Ordinarily, and with the understanding that all aspects will proceed as quickly as possible, Hearing sessions shall be set to begin no less than ten days and end no more than thirty days after the Respondent receives written notice and a copy of the Complainant's written statement.

The Respondent may, but need not, submit a written statement answering the complaint prior to appearing at the Hearing. A copy of the statement, when submitted, will be provided to the Complainant.

Both the Complainant and the Respondent will be informed prior to the hearing of their rights to identify witnesses and documents. Witnesses' names and a brief summary of their anticipated testimony will be submitted for transmission to the Hearing Panel at least two days in advance of the first session of the Hearing. Rebuttal witnesses, if any, may be identified and their names forwarded to the Manager during the Hearing process. Should the Hearing Panel determine that a witness's testimony will be taken, a brief summary of the witness's testimony will be sent to the other party when possible at least two days in advance of the witness's appearance. Witnesses scheduled to appear will be advised of the process, as well as confidentiality requirements.

Prior to, and during, the Hearing, extensions of time may be granted for good reason to either party in order to produce supporting evidence or to appear at a Hearing.

Both the Respondent and the Complainant will be informed of the requirements of confidentiality of the proceedings and the need to inform any potential witnesses of these requirements. Both students will be advised that the requirements of confidentiality do not prohibit him or her from informing his family, a counselor, or legal advisor, or from seeking assistance in his or her defense and speaking to potential witnesses. Nothing shall be deemed to prohibit either party from seeking legal counsel outside the Hearing. Both students will also be informed that violations of the provisions of confidentiality or retaliation against any person bringing a complaint will be treated as additional violations of the Policy.

At any time after a complaint has been received, but prior to a decision being rendered by the Hearing Panel, the parties may agree to settle the matter between themselves with the help of a mediator from the Ombuds Office or The Law School Mediation Clinic.

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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.