82 / 106
77
1.
Time Frame
– Once an initial complaint regarding sexual misconduct has been received by
College officials, the Dean of Students will move forward with investigating and resolving
the matter as promptly as reasonably possible. The circumstances of the alleged incident(s)
will determine the timeframe within which all individuals involved, including all relevant
witnesses, can be contacted and meetings held. Generally, the investigative phase can be
expected to be completed within two weeks to one month from the initial report of the
incident, exclusive of any significant breaks in the academic calendar. In addition,
coordinating all individuals necessary for participation in hearings may require an extended
timeframe. However, hearings, deliberations, and decisions will typically be completed
within two weeks to one month of the conclusion of the investigative phase and charges
being determined, dependent upon the timing within the academic calendar. Appeals will
usually require one week to one month for a final decision, depending on whether the matter
is referred to a committee and the timing within the academic calendar.
2.
Investigation Procedures
– Once a report has been made, the Dean of Students will conduct
a preliminary investigation (e.g. reviewing any Campus Police reports, meeting with the
alleged victim, etc.) to determine whether the information provided indicates reasonable
cause of a sexual misconduct policy violation. If reasonable cause exists, the Dean of
Students will conduct a full investigation using information from the preliminary
investigation, obtaining a statement from the respondent, and interviewing relevant
witnesses. When the investigation is complete, the Dean of Students will either refer the
matter to the Sexual Misconduct Hearing Board (the preferred option) or the matter may be
handled through an Administrative Conduct Meeting if both the person believed to have been
the target or victim of misconduct and the respondent agree to that option. In matters that do
not involve sexual or intimate partner violence, informal resolution may be explored as well.
The person believed to be the target or victim of sexual misconduct may choose at any time
not to participate in the investigation or disciplinary process. If the Dean of Students believes
there is sufficient evidence to form a belief that sexual misconduct occurred, and that action
is necessary to protect any member of the College community from possible additional
sexual misconduct, the Dean of Students may proceed with the investigation or hearing
process.
Because the College’s obligation to protect its community members from sexual misconduct
exists independently of the criminal justice system, the investigatory and hearing procedures
(if applicable) will continue notwithstanding any related criminal proceedings. The College
may briefly delay its response if necessary to avoid interference with a law enforcement
investigation.
3.
Advisor
– The alleged target or victim of misconduct and respondent are offered advisors
once a complaint enters the investigation phase (though one can be requested earlier). The
advisor provides support and guidance through the investigation and hearing process. The
advisor should be a willing member of the BSC community, although exceptions may be
granted by the Vice President for Student Development (e.g., a Crisis Center staff member or