Sexual Misconduct Policy and Disciplinary Procedure

Policy

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

A student charged with a violation of the Disciplinary Procedure for Sexual Misconduct 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.

Ordinarily, a disciplinary proceeding begins with a written communication from the Disciplinary Procedure for Sexual Misconduct (DPSM) administrator requiring the student to attend a disciplinary hearing to respond to a specified charge. Charges shall be timely if brought while the accused 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. In rare cases, the proceeding may begin with an oral communication requiring the presence of the student at a hearing. The hearing is held before two deans and one student, from a pool of specially trained individuals not affiliated with the school attended by either party unless otherwise mutually agreed. The student member may be excluded by agreement of the complainant and the accused, and either student may object to the membership of any specific panelist on the basis of acquaintance or other conflict. Either party may be accompanied by a nonparticipating member of the University community as support. The hearing must commence within 10 days of receipt of the complaint, unless the University is not in session.

The hearing is not an adversarial courtroom-type proceeding; the student does not necessarily have the right to be present to hear other witnesses and does not have the right to cross-examine witnesses or prevent the consideration of relevant evidence. In addition, although students are always free to consult with an attorney, they are not permitted to have an attorney present during a disciplinary hearing or at any appeal. Confidentiality about identifying information regarding the participants in the hearing must be maintained by all individuals involved.

The complainant bringing the complaint must inform the hearing panel of the facts of the situation and answer any questions from the panel. The accused student is informed of the evidence that led to the charges against him or her and asked to respond. The student may offer his or her own evidence. This includes the student's own appearance at the hearing and may include the appearance by others on his or her behalf and any written submission or relevant documents the student may wish to submit. Each party will be informed of statements made and evidence presented by the other party, and by witnesses, and will have a full opportunity to respond.

After the panel has heard testimony from both students and any others, and has considered all of the evidence, it reaches a determination and notifies both parties in writing of that decision. Both deans on the panel must agree on the determination. The panel will also submit a written report, summarizing the evidence and its findings to the Dean of Students of the accused student's school, and recommending a penalty. If the student member of the panel disagrees with the determination, he or she may write a dissenting opinion, which will be submitted to the Dean of Students together with the written report. If the accused student is found to have committed a disciplinary infraction, the penalty can include 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.

The student has the right to appeal a decision that results from a disciplinary hearing to the Dean of his or her School. The appeal must be made in writing within thirty days of the time 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.

Breaches of the confidentiality of the proceedings, or retaliation against any person bringing a complaint, will constitute separate violations of the Sexual Misconduct Policy.

Prior to the Hearing

Any student accused of a violation of the University's Sexual Misconduct 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 hearing.

The accused student 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 accused student 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.

The Disciplinary Procedure for Sexual Misconduct administrator 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 accused student must notify the administrator 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 accused student receives written notice of the complaint and a copy of the complainant's written statement, if any.

An accused student 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 accused student 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 administrator 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 accused student 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. The accused student 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 or the administrator.

The Hearing Process

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.

An accused student has the right to testify in his or her own defense but may choose not to do so. However, if either the complainant or accused 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 nondisruptive 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 accused student 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 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 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.

After the Hearing

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 accused's school. A detailed report of the hearing shall be prepared and retained by the Director. 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 accused's school, with a recommendation for a penalty. The Dean of Students shall then inform the accused student of the penalty 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 penalty to the Dean of the accused student's School.

On appeal, the Dean 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 accused student will be advised of the outcome of any appeal.

On an annual basis, the administrator 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.

To report an incident of sexual misconduct/assault, please click here.