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Employee Sexual Misconduct Hearing Board Procedures
In a proceeding before the Sexual Misconduct Hearing Board, the following procedures will
apply:
1.
The Director of Human Resources serves as convener. The senior member of the panel will
serve as chair.
2.
A three-member panel of faculty or staff members is selected from the Board pool.
3.
The Director of Human Resources or his or her designee will serve as the presenter. The
presenter presents the information gathered during the investigation.
4.
Due to the sensitive nature of these hearings, the alleged victim and respondent may be kept
separate throughout the hearing, appearing before the Board at designated times but able to
hear all statements within the hearing.
5.
No witness, other than the alleged victim or respondent if either chooses to testify, will be
allowed to hear the testimony of other witnesses.
6.
Before testifying, each employee witness will be reminded that his or her testimony is
expected to be truthful under penalty of termination of employment, or if the witness is a
student, subject to the Honor Code.
7.
The Board will call witnesses, consider relevant information, and question the respondent
and alleged victim until it has exhausted every reasonable method of ascertaining the facts.
8.
An attorney may be present during the hearing. The attorney may speak to the person
represented by the attorney, but may not address directly anyone else involved in the hearing
other than the Chair. Any comments or questions an attorney has should be directed to the
Chair of the Board in a private conversation.
9.
The Board must act with complete impartiality. A Board member may be excused from a
case in which personal involvement may constitute a conflict of interest. Additionally, Board
composition will be shared with the alleged victim and respondent at least 72 hours in
advance of the hearing. Either party may request a member of the Board be removed.
10. The respondent is considered not to have violated any policy throughout the hearing until
there is a finding that a violation has occurred. The standard of proof is a preponderance of
evidence that a violation occurred. The finding must be supported by a majority vote of the
Board.
Rights of the Alleged Victim and Respondent
The reporting party and respondent will be afforded the following rights:
1.
The alleged victim and respondent will be notified in writing of a hearing at least 72 hours
prior to the hearing. This time period may be shortened upon the concurrence of the both
parties and the Chair.
2.
The alleged victim and respondent are not required to appear at the hearing. If either person
fails to attend, the hearing will proceed and evidence presented as if both parties were
present.
3.
The alleged victim and respondent have the right to be present throughout the hearing except
during the Board’s deliberations. Presence may be limited to hearing testimony remotely
through telephone or similar aid of technology.