Administrative Hearing Process for Students

Ground Rules for All Students

Students with complaints or concerns about an incident involving Sexual Harassment, Sexual Assault, Acts of Intolerance, or Discrimination may access the University's Judicial Process by whatever method is most comfortable and at a time when the student is ready to do so.

A student may choose to pursue resolution of the complaint through the University only, through the University and the municipal court system simultaneously or serially, or may choose not to pursue resolution through either system. The student may also choose to pursue a complaint through the University at a later date.

Complaints regarding violations of the Harassment and Discrimination Policy are not heard by the All Campus Judicial Council (ACJC), the student judicial panel. They are heard by an Administrative Hearing Team, which may include students from ACJC if both the complainant and the respondent agree to their participation.

No attorneys are allowed to participate in the Administrative Hearing Process.

The Administrative Hearing can be arranged so that the student complainant need not encounter the accused face-to-face.

Appeals of the outcome of an Administrative Hearing cannot be based on the determination of guilt or innocence. Appeals may be based on:

errors in process
a request that the recommended sanction(s) be modified
mitigating circumstances not known at the time of the Administrative Hearing

Judicial Process for the Student Complainant

When a student approaches the Dean of Students Office with a complaint or concern about Sexual Harassment, Sexual Assault, Acts of Intolerance, or Discrimination, the Judicial Officer informs the student about support services and resources that are available. These resources include those that are listed on the front of this publication.

The Judicial Officer presents the following options to the student:

The student, with the assistance of the Judicial Officer or the University Intercessor, may choose to send a letter to the other student detailing the nature of the concerns.
The Judicial Officer can arrange a face-to-face meeting between both parties, with appropriate ground rules and safeguards.
The Judicial Officer can implement a change of residence and telephone number for the student which cannot be accessed by other students through the University's information systems.
The Judicial Officer can impose an Order of Active Avoidance.
If the Judicial Officer determines that there has been a possible violation of University Policy, an Administrative Hearing can be scheduled.
Any option the student chooses does not preclude the student from pursuing any other option within the University at any other time.

If the case is to be heard by an Administrative Hearing Board, the Judicial Officer informs the student about the availability of a support person to accompany the student during the Hearing. The Judicial Officer presents the list of supporters to the student. If the student already has a member of the University community in mind to be the supporter, the student does not need to choose from the list o supporters provided by the Judicial Officer.

The student is given the opportunity to provide the names of witnesses to the Judicial Officer.

The Judicial Officer prepares a list of potential Hearing Board members and shows it to each student. The Judicial Officer asks each student to indicate any reason anyone on that list should not be included on the Hearing Board.

If a Security Report has been filed, the Judicial Officer informs the student that s/he has the right to review the Security Report before the Hearing. If the student finds discrepancies or omissions in the Security Report, the student may wish to write down specific points that may need to be clarified at the Hearing. The student may take as many notes as needed about the Security Report, but may not have an actual copy of the Security Report.

The student will be given an outline for the preparation of a Victim Impact Statement to use as a guide when presenting information to the Administrative Hearing Board. The student can bring the Victim Impact Statement to the Administrative Hearing and read it into the testimony. The Victim Impact Statement will accompany any appeal made by the accused student when it is reviewed by the University Dean of Students.

Judicial Process for the Student Respondent

The Judicial Officer meets with the student to inform the student about the complaint indicating which University policies may have been violated.

The Judicial Officer interviews the student asking the student to explain what occurred and the circumstances.

The Judicial Officer makes a determination as to whether there is sufficient evidence of a violation of University policy to charge the student.

If the student is charged with a violation of University policy, the Judicial Officer asks the student how she or he pleads to the charges. If the student acknowledges responsibility, the Judicial Officer may impose summary judgement at that time.

If the student does not accept responsibility for the violations, the Judicial Officer informs the student that the University may wish to convene an Administrative Hearing Board.

If an Administrative Hearing Board will be convened, the Judicial Officer informs the student about the availability of a person to support the student during the Hearing. The Judicial Officer shows the list of supporters to the student and asks the student to identify a supporter. If the student already has a member of the University community in mind as a supporter, the student does not need to choose a name from the list provided by the Judicial Officer.

If there are other individuals who can provide relevant information, the student will be given the opportunity to provide the names of witnesses to the Judicial Officer.

The Judicial Officer prepares the list of Hearing Board members and shows the list to the student. The Dean asks the student to indicate any reason anyone on the list should not be included on the Hearing Board.

The Judicial Officer informs the student that the student has the right to review the Security report before the Hearing. If the student finds discrepancies or omissions in the Security Report, the student may wish to make notes about specific points that may need to be clarified at the Hearing. The student may make as many notes as needed about the Security Report, but may not have an actual copy of the report.

The University Dean of Students will make an effort to speak to the student complainant when reviewing an appeal submitted by the student respondent.
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