Columbia University Disciplinary Procedure for Sexual Assault

Rights and Responsibilities of Both Students

• An opportunity to be heard.
• The right to object to the membership of any specific panelist on the basis of acquaintance or other conflict.
• The right to be accompanied through the Hearing by a non-participating member of the University community as support.
• The right to identify witnesses and documents.
• May submit the names of rebuttal witnesses, if any to the Program Manager during the Hearing process.
• Must maintain confidentiality about the identity, or any identifying information, of the parties involved. Violations of the provisions of confidentiality or retaliation against any person bringing a complaint will be treated as additional violations of the Policy.
• Do not necessarily have the right to be present to hear other witnesses, however closed circuit viewing will be provided so that testimony can be viewed.
• Will be informed of statements made and evidence presented by the other party, and by witnesses, and will have a full opportunity to respond.
• May submit written questions to the Hearing Panel to be asked of the other party and of potential witnesses.
• Do not have the right to cross-examine witnesses or prevent the consideration of relevant evidence.
• May submit an "impact statement" to the Panel considered only if violation is found.
• An opportunity to present a written or oral argument in support of his or her position, based on the evidence submitted.
• May submit evidence about prior relevant sexual relationship between the parties. If either party submits such evidence, then the other party has the right to rebut that evidence.
• May agree to settle the matter between themselves with the help of a mediator from the Ombuds Office or the Law School Mediation Clinic. The request for mediation must be submitted to the Program Manager.
• Will be advised of the outcome of any appeal.

The Respondent

• Will receive notice of the specific complaint.
• Will have an opportunity to appeal a disciplinary sanction to the Dean of his or her School.
• Will be asked to respond to the charges against him or her.
• 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.
• Will be informed that he or she is not presumed to have violated the policy, and that he or she is expected to cooperate in the investigation of the complaint.
• May, but need not, submit a written statement answering the complaint prior to appearing at the Hearing.
• Has the right to testify in his or her own defense, but may choose not to do so.
• Will be notified of his or her appeal rights in writing.

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.