NOTE: The information contained in this section of the handbook is only applicable for those participating in the Sexual Misconduct Accountability Process. For cases not alleging Sexual Misconduct, see the “Accountability Process” section within this Handbook.

Sexual Misconduct Case Review

Responding Parties and Reporting Parties may request that reasonable safety measures be put in place during the Sexual Misconduct Case Review, including but not limited to partitions, teleconferencing, or police presence. Requests for safety measures will be coordinated by their Advisor.

In Sexual Misconduct Case Reviews, Responding Parties and Reporting Parties have a right to a Support Person of their choice, provided that person is willing and able to attend the scheduled Sexual Misconduct Case Review. A Support Person attending a Sexual Misconduct Case Review may not communicate for or speak on behalf of a party but may provide support or give advice on how to present their party’s case. A person who serves as a Support Person at a Sexual Misconduct Case Review may not also serve as a witness at the Sexual Misconduct Case Review or, if applicable, a Sexual Misconduct Appeal Review.

The Sexual Misconduct Case Review will be conducted by a Board of three voting faculty or staff members. One staff member from OSARP will serve as a voting Board Chair and two faculty or staff members of the Accountability Board will serve as voting Board Members. If a member of the Board feels that their previous contact with the case or the parties involved will prevent them from rendering a fair decision, the Board Member must request that they not be assigned to the Sexual Misconduct Case Review. Responding Parties and Reporting Parties will be informed of the Board Members assigned to their case. Upon receiving notification of the assigned Board Members, a Responding Party or Reporting Party may request that a Board Member be replaced if the student can show a bias on the part of the Board Member. To make such a request, a Responding Party or Reporting Party must contact the Director of OSARP or designee immediately, setting forth their reasons in writing. The Director of OSARP or designee will review all requests. Any decision to remove a Board Member is at the discretion of the Director of OSARP or designee. 

If a Responding Party, Reporting Party, Responding Party Witness, or Reporting Party Witness fails to appear at a Sexual Misconduct Case Review after being properly notified of its date and time, the Sexual Misconduct Case Review will proceed; the recommendation of whether or not the Responding Party is responsible for violating policy will be rendered on the basis of the Final Investigation Report provided to be used for adjudication of the case and the information provided by those in attendance at the Sexual Misconduct Case Review. If an Administrative Witness fails to appear at a Sexual Misconduct Case Review, the Sexual Misconduct Case Review will generally proceed without the Administrative Witness. The decision to postpone a Sexual Misconduct Case Review to accommodate a necessary or extreme circumstance is at the discretion of the Director of OSARP or designee and will be communicated to each party.

Sexual Misconduct Case Reviews will be audio and/or video recorded; the Board Members’ closed deliberation will not be recorded. No party may make their own recordings of the Sexual Misconduct Case Review. A Sexual Misconduct Case Review will proceed in accordance with the procedures below, however, Board Members may ask additional questions at any time. Additionally, the phrase “through the Board Chair” used throughout the Sexual Misconduct Case Review procedures refers to the Board Chair confirming or denying a Reporting Party, Responding Party, Reporting Party Witness, or Responding Party Witness’ ability to respond to a question; this confirmation or denial may be verbal or non-verbal. The Board Chair has the authority to prohibit information from being shared that violates the rights of a party, is not allowed by the Sexual Misconduct Accountability Process, or bears no relevancy to the adjudication of the case. The Board Chair also has the authority to instruct Board Members to disregard information that violates the rights of a party, is prohibited by the Sexual Misconduct Accountability Process, or bears no relevancy to the adjudication of the case.

  1. The Board Members and participants are introduced.

  2. The statement of the alleged policy violation(s) is presented by the Board Chair.

  3. Procedures for the Sexual Misconduct Case Review are explained; participants state any questions they have concerning rights or procedures.

  4. The Reporting Party is allotted 3 minutes to make an opening statement that outlines the main points of their allegations which may include information regarding the alleged incident or behavior and their own character.

  5. The Responding Party is allotted 3 minutes to make an opening statement that outlines the main points of their response to the allegations which may include information regarding the alleged incident or behavior and their own character.

  6. Administrative Witnesses will be called individually to share a verbal statement regarding the allegations.

    • The Board will ask questions they have for each Administrative Witness.

    • The Reporting Party will be allotted 5 minutes to question each Administrative Witness.

    • The Responding Party will be allotted 5 minutes to question each Administrative Witness.

    • The Board may request that an Administrative Witness return at a later point in the Case Review for further clarification.

  7. A scheduled 5-minute break will occur unless all parties agree to continue without a break.

  8. The Reporting Party is allotted 20 minutes to share a full verbal statement which may include information regarding the alleged incident or behavior and their own character. This is also the Reporting Party’s opportunity to respond to any information or evidence included in the Case File.

  9. The Responding Party is allotted 20 minutes to share a full verbal statement which may include information regarding the alleged incident or behavior and their own character. This is also the Responding Party’s opportunity to respond to any information or evidence included in the Case File.

  10. A scheduled 10-minute break will occur unless all parties agree to continue without a break.

  11. The Board Members will ask any questions they have for either the Responding Party or the Reporting Party.

  12. A scheduled 5-minute break will occur unless all parties agree to continue without a break.

  13. The Responding Party will be allotted 15 minutes to question the Reporting Party through the Board Chair.

  14. A scheduled 5-minute break will occur unless all parties agree to continue without a break.

  15. The Reporting Party will be allotted 15 minutes to question the Responding Party through the Board Chair.

  16. A scheduled 5-minute break will occur unless all parties agree to continue without a break.

  17. The Reporting Party will call their witnesses individually.

    • Each witness called by the Reporting Party will be allotted 5 minutes to make a verbal statement regarding the alleged incident or behavior.

    • At the conclusion of the statement shared by the Reporting Party’s witness, the Reporting Party will be allotted 5 minutes to question their witness.

    • At the conclusion of the Reporting Party’s questions for their witness, the Responding Party will be allotted 5 minutes to question the Reporting Party’s witness through the Board Chair.

    • At the conclusion of the Responding Party’s questions for each witness called by the Reporting Party, the Board will ask any questions they have of the witness.

    • Witnesses called by the Reporting Party may provide what they know directly about the alleged incident or behavior and/or what the Reporting Party has told them about the alleged incident or behavior. Witnesses called by the Reporting Party may not provide their perspective on the character of either party or what they feel the appropriate decision or sanction in the case should be. 

    • The Board may request that a witness for the Reporting Party return at a later point in the Case Review for further clarification.

  18. A scheduled 5-minute break will occur unless all parties agree to continue without a break.

  19. The Responding Party will call their witnesses individually.

    • Each witness called by the Responding Party will be allotted 5 minutes to make a verbal statement regarding the alleged incident or behavior.

    • At the conclusion of the statement shared by the Responding Party’s witness, the Responding Party will be allotted 5 minutes to question their witness.

    • At the conclusion of the Responding Party’s questions for their witness, the Reporting Party will be allotted 5 minutes to question the Responding Party’s witness through the Board Chair.

    • At the conclusion of the Reporting Party’s questions for each witness called by the Responding Party, the Board will ask any questions they have of the witness.

    • Witnesses called by the Responding Party may provide what they know directly about the alleged incident or behavior and/or what the Responding Party has told them about the alleged incident or behavior. Witnesses called by the Responding Party may not provide their perspective on the character of either party or what they feel the appropriate decision or sanction in the case should be. 

    • The Board may request that a witness for the Responding Party return at a later point in the Case Review for further clarification.

  20. A scheduled 5-minute break will occur unless all parties agree to continue without a break.

  21. The Responding Party will be allotted 5 minutes for final questions of the Reporting Party through the Board Chair.

  22. The Reporting Party will be allotted 5 minutes for final questions of the Responding Party through the Board Chair.

  23. A scheduled 5-minute break will occur unless all parties agree to continue without a break.

  24. The Board will ask any final questions they have for either the Responding Party or the Reporting Party.

  25. A scheduled 5-minute break will occur unless all parties agree to continue without a break.

  26. The Reporting Party will be allotted 10 minutes to make a closing statement.

    • A closing statement is not permitted to introduce new evidence or information but is an opportunity to summarize what the Reporting Party has already shared, their final thoughts, their thoughts moving forward, and any impact on the Reporting Party related to the allegation(s) of Sexual Misconduct.

    • If the Reporting Party has a written closing statement they intend to read, but is unable to do so, the statement may be read aloud for the record by the Board Chair.

  27. The Responding Party will be allotted 10 minutes to make a closing statement.

    • A closing statement is not permitted to introduce new evidence or information but is an opportunity to summarize what the Responding Party has already shared, their final thoughts, their thoughts moving forward, and any impact on the Responding Party related to the allegation(s) of Sexual Misconduct.

    • If the Responding Party has a written closing statement they intend to read, but is unable to do so, the statement may be read aloud for the record by the Board Chair.

  28. The Board will enter closed deliberation to determine their recommendations. Recommendations are based on a preponderance of the evidence and determined by a majority vote.

    • The Board will first vote to recommend finding the Responding Party responsible or not responsible for each alleged policy violation.

    • If the Board recommends finding the Responding Party responsible for violating policy, they will be provided with the withheld information regarding the character of the Responding Party. Further, if the Board recommends finding the Responding Party responsible for violating policy J34-100 Sexual Misconduct, they will also be provided with the withheld information regarding the character of the Reporting Party. Upon the completion of this review, they will determine their recommended sanctions to be rendered for the case.

    • If the Board votes to recommend finding the Responding Party not responsible for violating policy, they will not review any of the withheld information regarding the character of either party and will not assign any sanctions. 

OSARP will concurrently contact the Responding Party and Reporting Party via email within three days of the date of the Sexual Misconduct Case Review with the recommended findings and, if applicable, sanctions rendered at the Sexual Misconduct Case Review. This will include the Board Members’ rationale for each recommended finding on Policy J34-100 Sexual Misconduct. 

If neither party submits an appeal of the Board’s recommendations within the timeline set by the procedures listed in the Student Handbook, the Dean of Students or designee conducts a final review of all recommendations, rationales, and materials relevant to the case and renders the final decision in the case. In this final review and decision, for any policies and sanctions included in the Board’s recommendation the Dean of Students or designee may:

  • Uphold a recommendation of finding the Responding Party responsible for violating policy and uphold the recommended sanctions.

  • Uphold a recommendation of finding the Responding Party responsible for violating policy and increase or decrease the severity of the sanctions.

  • Reverse a recommendation of finding the Responding Party responsible for violating policy, instead finding the Responding Party not responsible for violating policy and assigning no sanctions.

  • Uphold a recommendation of finding the Responding Party not responsible for violating policy and assigning no sanctions.

  • Reverse a recommendation of finding the Responding Party not responsible for violating policy, instead finding the Responding Party responsible for violating policy and assigning sanctions.

  • Order the case to be reheard at a new Sexual Misconduct Case Review. If the Dean of Students or designee determines the case should be reheard at a new Sexual Misconduct Case Review, the new recommendations of responsibility and/or sanctions from the rehearing may be less severe, the same, or more severe than those recommended at the original Sexual Misconduct Case Review.

After the final review by the Dean of Students or designee, OSARP will concurrently notify the Responding Party and the Reporting Party of the outcome of the Dean of Students or designee’s review and, if applicable, the final decision and sanctions rendered. This will include the Dean of Student or designee’s rationale for each finding on policy J34-100 Sexual Misconduct, including any sanctions rendered.

The Dean of Students or designee’s final review takes place after the Sexual Misconduct Case Review only if a Sexual Misconduct Appeal Review does not occur in the case. In such circumstances, the Dean of Students or designee’s review typically takes place within ten days of the determination that a Sexual Misconduct Appeal Review will not take place. However, the circumstances surrounding the case may make it necessary for the university to shorten or extend that timeline.

OSARP may initiate the Accountability Process if a student knowingly provides falsified or misleading information at a Sexual Misconduct Case Review for alleged violation of policy J18-100 Interference with or Retaliation for Exercising or Participating in the Title IX process and/or the Accountability, Honor Council, or other University Conduct Process. An employee may be charged with misconduct under relevant university policies.

OSARP may initiate the Accountability Process against a Reporting Party or Responding Party if it receives information that a party discusses the case with a Board Member prior to the Sexual Misconduct Case Review for alleged violation of policy J18-100 Interference with or Retaliation for Exercising or Participating in the Title IX process and/or the Accountability, Honor Council, or other University Conduct Process. An employee may be charged with misconduct under the relevant university policies.

Sexual Misconduct Case Reviews are closed meetings; the University will maintain confidentiality of all information related to the case, unless legally required or allowed by law to disclose the information. The Responding Party and Reporting Party shall receive notice of all rights they are guaranteed through the Sexual Misconduct Accountability Process. In Sexual Misconduct Case Reviews, the technical rules of evidence applicable in civil and criminal cases do not apply.


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