Columbia University Health Services

Columbia University, Barnard College, and Teachers College are committed to fostering a healthy and safe environment in which every member of the community can realize his or her fullest potential. Non-consensual sexual conduct and violence -- what the University calls sexual misconduct -- can be traumatizing and detrimental to the learning and well being of an individual and their community. The University, therefore, does not tolerate sexual misconduct of any kind.

Sexual misconduct is a serious problem on college campuses throughout the country. Sexual misconduct remains one of the most underreported crimes. Persons who have experienced sexual misconduct may be reluctant to come forward due to shame, guilt and fear of not being believed.

To address this problem and to promote community standards of respectful behavior, the University provides educational and preventative programs, resources for individuals dealing with sexual violence, and accessible methods of complaint resolution.

The University specifically defines sexual misconduct as: "non-consensual, intentional physical conduct of a sexual nature, such as unwelcome physical contact with a person's genitals, buttocks or breasts. Lack of consent may be inferred from the use of force, threat, physical intimidation, or advantage gained by the victim's mental or physical incapacity or impairment of which the perpetrator was aware or should have been aware".

Sexual misconduct encompasses a range of non-consensual actions that include, but are not limited to, acts of sexual assault and rape. Sexual misconduct can occur in interactions and relationships between women and men, women and women, and men and men.

A critical factor that distinguishes acceptable sexual behavior from unacceptable behavior is the consent of all parties involved. When individuals willingly and knowingly engage in sexual activity with each other, it can be considered consensual. It is the responsibility of individuals to engage only in sexual activity to which their partners consent.

The University's Policy on Sexual Misconduct requires that standards of consensual sexual conduct be observed on campus, that violations of these standards are subject to discipline, and that resources and structures be sufficient to meet the physical and emotional needs of individuals who have experienced sexual misconduct.

Complete text of the University Senate resolution on sexual misconduct

1. Student files a written complaint with DPSM.

2. DPSM provides written notification to student accused of violating the policy informing him/her that a complaint has been filed and a hearing will commence. This communication provides the student with a copy of the complaint, advises the student of his/her right to submit a written response to the charges and invites the student to meet with an DPSM staff member to for a full explanation of his/her rights and responsibilities under the University Policy. The student is also informed that he/she should begin to gather evidence, witnesses, and questions to present to the panel.

3. Each hearing takes place before a panel consisting of two deans and one student, all three chosen from a trained pool of volunteers and none of the three is affiliated with either party.

4. Either student may object to any member of the panel based on conflict or prior association. The students may also agree to remove the student member of the panel.

5. The hearing is set to begin within 10 business days of initial notification of student accused of violating the policy.

6. Both students are advised to submit witness lists, evidence, and questions that they want asked of the other party to DPSM to be transmitted to the panel and the opposing party.

7. All written documents which are submitted to DPSM will be transmitted by the office to the panel and the opposing party.

8. The panel provides both students and respective witnesses, who they deem appropriate, with an opportunity to present testimony on the case at hand.

9. Students are permitted to view each other, and witness testimony, via closed-circuit television.

10. Both students have the opportunity to submit additional questions to the panel before each testimony, during a break in testimony, and after each testimony. Witnesses may be recalled by the panel as necessary.

11. Both students present a closing oral rebuttal and a sealed, written impact statement. This statement, describing the impact the events leading up to the proceedings as well as the proceedings themselves had on each student, is opened and viewed by the panel only if there is a determination that a violation of the policy has been committed.

12. The panel reaches a decision and informs both students and the Dean of Students at the accused student's school. In the case of a violation, the panel submits its decision and a recommended sanction to the Dean of Students. At which point, the panel has completed its job.

13. The Dean decides whether to uphold or modify the panel's recommended sanctions but cannot change the panel's finding.

14. Both students will be informed of the Dean's decision.

15. The student found to have violated the policy may appeal the decision in writing within 30 days.

Other Notes

• The entire process must take no longer than 30 days

• The process is completely separate from any legal actions or implications

• The student accused of violating the policy may choose not to appear at the panel proceedings, but once a complaint has been filed, the proceedings will take place whether or not he/she is present

Effective September 28, 2001

Prior to the Hearing
Note: The student who files a complaint against another student is known as the “complainant.” The student against whom a complaint has been filed under the University's Sexual Misconduct Policy ("the Policy") is known as the “respondent.”

The respondent 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 hearing.

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 complainant and the respondent will be advised of their right to have a supporter from the University community accompany him or her to the proceedings and of the potential penalties there will be if a violation is found. Both students will be advised that the hearing process is not a court proceeding and that violations of the policy are not subject to criminal penalties.

The Disciplinary Procedure for Sexual Misconduct Administrative Coordinator (the “Coordinator”) 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 Coordinator 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 of the complaint and a copy of the complainant's written statement, if any.

The respondent may, but need not, submit a written statement answering the complaint prior to appearing at the hearing. A copy of the statement will be provided to the complainant.

Both the person bringing a complaint 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 Coordinator during the hearing process. Witnesses will be contacted to schedule their appearances and to advise them about procedure and the requirements of confidentiality. 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 at least two days in advance of the witness's appearance.

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 parties will be advised that the requirements of confidentiality do not prohibit them from informing their family, a counselor, or legal advisor, or from seeking assistance in preparing or responding to the complaint 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. The request for mediation must be submitted to the Coordinator.

Once 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.

A respondent has the right to testify in his or her own defense but may choose not to do so. However, if either the complainant or 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. Both administrative members of the hearing panel must be convinced by clear and convincing evidence that a violation of the Sexual Misconduct Policy has occurred, but unanimity of the panel is not required for a finding of a violation.

Prior to the closing of the hearing, both the complainant and the accused may submit an "impact statement" to the Coordinator. In the event of a finding of a violation of the Policy, the panel may consider the impact statements in making a recommendation for a penalty 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.

If no violation of the Policy is found, a summary report shall be sent to both parties and notice of the decision to the Dean of Students of the respondent’s school. A detailed report of the hearing shall be prepared and retained by the Coordinator. If the decision of the panel is that a violation of the Policy has occurred, a detailed report of testimony and findings shall be forwarded to both students and the Dean of Students of the respondent’s school, with a recommendation for a sanction. The Dean of Students shall then inform the respondent of the sanction he or she is imposing and inform the student of his or her appeal rights in writing. An appeal must be submitted within thirty days of the proposed imposition of any sanction to the Dean of the respondent's School.

On appeal, the Dean of the School shall review the record and may consult with the members of the hearing panel but ordinarily shall not consider new evidence. Both the complainant and the respondent will be advised of the outcome of any appeal.

On an annual basis, the Coordinator will prepare a report of disciplinary proceedings for submission to the subcommittee overseeing the disciplinary procedure. For purposes of this review, all identifying information will be removed from the report.

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

Other Notes

• The entire process will ordinarily take no longer than 30 days

• The DPSM is completely separate from any legal actions or implications

• The respondent may choose not to appear at the panel proceedings, but once a complaint has been filed, the proceedings will take place whether or not he or she is present

To report a sexual misconduct incident, go to Forms.

If you have become aware of an act of sexual assault, contact us

The complainant must inform the hearing panel of the facts of the situation and answer questions asked by the panel

The respondent

Rights and responsibilities of both students

The presence of consent involves explicit communication and mutual approval for the act in which the parties are/were involved. A sexual encounter is considered consensual when individuals willingly and knowingly engage in sexual activity.

Coercion is not limited to physical intimidation or physical force. Coercion may also include pressure, manipulation, and the use of substances

Prevention Strategies:

• Be aware of the Red Flags indicating that your behavior may result in a complaint of sexual misconduct:

• You are touching another person in a sexual manner without their consent.

• You are initiating sexual contact when you are not sure what the other person wants.

• You are initiating sexual contact when the other person is drunk or otherwise intoxicated.

• You decided to have sex by any means necessary.

• You are using physical force, intimidation or coercion.

• You are hoping that s/he won't say anything, but will be quiet and like it.

• You are acting on an impulse or dare.

• You are getting mixed messages/signals.

• You have not spoken with the person about what s/he wants to do.

• Ask rather than assume. You and your partner should talk about what would be most enjoyable together. For more information about prevention and risk reduction strategies, go to the Sexual Violence Prevention and Response Program.

Other On-Campus Resources