-
What is the University's definition of sexual misconduct?
Columbia University's Policy 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".
Back to the top.
-
Who can file a complaint of sexual misconduct? Against whom?
Any student can file a complaint. If the accused is a student of CC/SEAS, the Disciplinary Procedure
for Sexual Misconduct will be the exclusive mechanism for filing a complaint. Non-students who are bringing
allegations against a CU student can also file a complaint. Complaints may
not be brought against students from the Law School, Union Theological
Seminary or Jewish Theological Seminary.
Back to the top.
-
How do I file a complaint?
Complaints are filed by contacting the Administrative Coordinator of the Disciplinary Procedure for Sexual Misconduct. To begin the official complaint procedure, a written complaint must be
submitted to the office. The Administrative Coordinator can be reached at 212-854-1717; the office is located in 703 Lerner Hall.
Back to the top.
-
What do I do if a complaint is filed against me?
You will be notified if a complaint is filed against you. Once you receive
notice of the complaint, it is recommended that you carefully review the Sexual Misconduct Policy and contact
the office with any questions you may have. Additionally, you may respond in writing to the allegations
that have been made against you. For more information on your right to respond, present your testimony, and
supply evidence, please consult the Policy or the Administrative Coordinator.
Bear in mind, there are confidentiality mandates in the Disciplinary Procedure that you are required to
abide by from the moment you become aware of the complaint. Breaches of the confidentiality of the
proceedings, or retaliation against any person bringing a complaint, will constitute separate violations of
the Sexual Misconduct Policy.
Back to the top.
-
Can I contact a lawyer?
Both the accused and accusing parties may contact a lawyer to discuss their concerns.
However, neither party may bring a lawyer to the hearing to represent, advise, or otherwise support them
through the proceeding.
Back to the top.
-
Can a criminal justice proceeding take place at the same time that a Disciplinary Procedure for Sexual Misconduct is being used?
A Columbia University sexual misconduct proceeding cannot take place at the same time
that a criminal justice investigation is under way. Students who wish to file a complaint via the police
or district attorney's office will have to defer use of the Sexual Misconduct Policy until that procedure
is completed. For more information on filing a criminal complaint, please contact a member of our staff.
Back to the top.
-
Can my parents come to the hearing with me?
No. Both the accused and accusing party are entitled to have a "supporter" present in the
hearing and viewing rooms. The supporter must be a member of the Columbia University community (staff or
student) and cannot be an attorney. 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 nondisruptive manner.
Back to the top.
-
Can I change my mind about participating in a sexual misconduct proceeding once it starts?
Once sexual misconduct proceedings begin, both the accused and accusing parties can opt
to seek mediation as opposed to a sexual misconduct hearing. To pursue this option, the interested party
(ies) must contact the office to express this desire and receive a referral to a mediator. Parties are not
permitted to contact each other to discuss this option. Mediation may only be pursued with the consent of
the complainant and the accused student. If mediation is agreed upon at any point, the Administrative Coordinator will
facilitate selection of a mediator and the panel will suspend the hearing for a few days to allow mediation
to proceed.
Additionally, both parties have the right to decline from participation in a sexual misconduct
hearing. The accused student is not required to respond to the accusations or give testimony on his or her
behalf. Likewise, the accusing party can opt to withdraw his or her complaint once it has been submitted.
However, once a complaint has been submitted, the hearing panel has the option to hold a hearing and render a
decision based on whatever evidence has been provided, with or without the participation of either party.
If you are considering refusing to participate in a sexual misconduct proceeding, it is
recommended that you contact the Administrative Coordinator to discuss your rights.
Back to the top.
-
Can I submit additional evidence once the hearing procedure starts?
Both parties can submit evidence and witness lists up to 48 hours prior to the hearing.
Once the hearing is in progress, parties may submit the names of rebuttal witnesses and the panel will
determine whether or not to hear their testimonies. Additionally, the Director may grant extensions of time
for good reason to either party in order to produce supporting evidence or to appear at a hearing. If you
wish to submit evidence once the hearing is under way contact the Administrative Coordinator for assistance.
Back to the top.
-
Will I be able to make an impact statement, rebut what has been said, or otherwise present my side of the story?
All parties will be required to answer questions asked by the panel. These questions are
determined by the panel and may include questions submitted by the opposing party. The party bringing the
complaint must inform the hearing panel of the facts of the situation and answer any questions from the
panel. The panel will refer to each party's written statements, testimonies, and any additional evidence
that they deem relevant during the hearing. 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. Additionally, prior to the closing of the hearing, both the complainant and the
accused may submit an "impact statement" (in writing) to the panel. Impact statements will only be
considered if the panel determines that a violation has occurred.
Back to the top.
-
How will the panel determine whether or not the Policy has been violated?
The panel will use each party's written statements, testimonies, and any additional evidence
that was furnished to determine whether or not the Sexual Misconduct Policy has been violated.
Back to the top.
-
What are the potential penalties for violating the Sexual Misconduct Policy?
Penalties for violation of the University's Sexual Misconduct Policy include, but are not
limited to, probation, suspension, or dismissal, and may include a prescribed educational program. Both
students will be informed in writing of the Dean's decision and the penalty imposed.
Back to the top.
-
Who ultimately decides the consequences of a violation?
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 parties and the Dean of Students of the
accused's school, with a recommendation for a penalty. The Dean may modify the penalty but cannot change
the verdict.
Back to the top.
-
Can I appeal the panel's finding?
If the accused party is found in violation of the Sexual Misconduct Policy, he or she has
the right to appeal the decision via the Dean of his or her School. The appeal must be made in writing
within thirty days of the time that he or she is notified of the decision, and it must clearly state the
grounds for appeal. Normally, on such an appeal, the Dean of the School relies solely upon the written
record and does not conduct a new factual investigation. However, the Dean is free to discuss the matter
with the panelists if questions about process or proof are raised by the appeal. The Dean focuses upon
whether, in the Dean's view, the decision made and the discipline imposed are reasonable under all of the
circumstances of the case. There is no further right to appeal within the University.
Back to the top.
-
Will a record of the hearing and penalty be on my transcript?
Disciplinary outcomes of the hearing process become a part of the accused student's record
but may not appear on the transcript.
Back to the top.
-
What support services are available to me?
The Administrative Coordinator is here to provide information and
technical support to both parties involved in a sexual misconduct case, and to provide referrals to advocacy or supoortive services.
Back to the top.
Frequently Asked Questions