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 Sexual Misconduct Policy Adjudication Procedural Steps
- Student files a written complaint with DPSM.
- 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.
- Each hearing takes place before a panel consisting of two deans and one student, all three chosen from a trained pool and all three are not affiliated with either party.
- 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.
- The hearing is set to begin within 10 business days of initial notification of student accused of violating the policy.
- 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.
- All written documents which are submitted to DPSM will be transmitted by the office to the panel and the opposing party.
- The panel provides both students and respective witnesses, who they deem appropriate, with an opportunity to present testimony on the case at hand.
- Students are permitted to view each other, and witness testimony, via closed-circuit television.
- 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.
- 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.
- 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.
- The Dean decides whether to uphold or modify the panel's recommended sanctions but cannot change the panel's finding.
- Both students will be informed of the Dean's decision.
- The student found to have violated the policy may appeal the decision in writing within 30 days.
Other Notes
- Entire process must take no longer than 30 days
- 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
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