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directly question those witnesses called on his or her behalf. For all other witnesses,
questions may be submitted to the Chair prior to and during the hearing. Those questions will
be reviewed for relevancy by the Board, amended as deemed appropriate, and asked by the
Chair.
9.
The alleged victim and respondent may each call one or two character witnesses to speak
upon his or her behalf.
10.
In cases that involved multiple respondents, the Board will arrive at an independent decision
for each respondent.
11. The alleged victim and respondent will be notified of the hearing outcome.
12. The alleged victim and respondent may appeal the decision of the Board to the President in
accordance with the Appeal section outlined below.
13. Both the alleged victim and respondent will be notified in writing of the potential charges;
date and time of hearing proceedings; hearing board composition; the outcomes and/or any
changes to the outcomes (e.g., hearing decision, hearing sanctions, interim measures); and
any subsequent appeal.
Appeal
1.
A respondent or alleged victim may appeal the finding of the Board in writing to the
President of the College within five class days of the decision or before the last day of the
term, whichever comes first. The President may review the case personally or appoint a
committee to review the case.
2.
An appeal is limited to a review of the full report of the Board, including the hearing
transcript, for the purpose of determining whether it acted in accordance with procedural and
substantive fairness. An appeal on the basis of substantive fairness may not contest the
factual findings of the Board but is limited on the basis of the fundamental fairness of the
penalty or the application of the standards of the Sexual Misconduct Policy.
3.
An appeal in which the finding of the Board is reversed may be remanded to the Board for
rehearing with a written opinion or directive of the President.
4.
An appeal by the respondent may not result in a more severe penalty for the respondent;
however, an appeal by the alleged victim may result in a more severe penalty for the
respondent. In both circumstances, reversal of the finding and/or modification of the sanction
may occur without rehearing by the Board.
Remedial Procedures When an Employee is Accused of Sexual Misconduct: Investigation,
Recommended Outcomes, Hearings, and Related Matters
The Director of Human Resources will be notified of all reports of sexual misconduct directed
toward an employee. In all cases, except when the person suspected of engaging in misconduct is
a student, the Director will assess each such situation by holding fact finding conferences and
obtaining statements from employees. In any situation in which the Director of Human
Resources is accused of violating this policy, the Vice President for Administration or another
person designated by the Vice President for Administration will fulfill the role of the Director of
Human Resources.