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volunteer). Additionally, upon request, an advisor can be appointed from the Sexual
Misconduct Hearing Board pool.
4.
Standard of Evidence
– When determining if a violation of the sexual misconduct policy
has occurred, the standard of evidence to be used by any conduct authority is preponderance
of evidence. Preponderance of evidence indicates that a violation is more likely than not to
have occurred.
5.
Administrative Conduct Meeting
– If both the alleged target or victim of misconduct and
respondent request to have an incident of sexual misconduct handled administratively, the
Dean of Students will render a decision as to whether the respondent violated the sexual
misconduct policy and assess sanctions if required. If the complainant and respondent accept
the findings/sanctions of the Dean of Students, the matter will be closed. If not, the matter
will be referred to the Sexual Misconduct Hearing Board.
6.
Sexual Misconduct Hearing Board
– The Dean of Students may refer an investigation to
the Sexual Misconduct Hearing Board (“the Board”), comprised of faculty, staff, and
students from a pool of trained Board members. The Board is a three or five member panel
that consists of a minimum of one student, one staff member, and one faculty member. When
a five member panel is called, a minimum of two students should serve on the board. The
Board will hear the results of the Dean’s investigation along with the testimony from relevant
witnesses including the alleged target or victim of sexual misconduct and respondent, and
review any other appropriate materials. They will reach decisions regarding violations and
sanctions, as appropriate. Details regarding the procedures of the Board are outlined below.
Sexual Misconduct Hearing Board Procedures
The procedure for a hearing will be as follows:
1.
The Vice President of Student Development serves as convener and chair. The chair
participates in the hearing but does not vote on the hearing outcomes.
2.
A three or five member panel is selected from the Sexual Misconduct Hearing Board pool.
The Board will consist of a minimum of one student, one staff member, and one faculty
member. When a five member panel is called, a minimum of two students should serve on
the board.
3.
The Dean of Students will serve as the presenter. The presenter presents information gathered
during the investigation, but does not recommend sanctions.
4.
Due to the sensitive nature of these hearings, the alleged victim or target of sexual
misconduct and respondent may be kept separate throughout the hearing, appearing before
the Board at designated times but able to hear all statements made within the hearing.
5.
No witness, other than the respondent or alleged victim or target of sexual misconduct, if
he/she chooses to testify, will be allowed to hear the testimony of other witnesses.
6.
Before testifying, each student witness will be reminded that their statements are bound by
the Honor Code, and employee witnesses will be reminded that their testimony is expected to
be truthful under penalty of termination of employment.