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- The complainant and respondent have the opportunity to express a preference as to which hearing body, the University Disciplinary Board or the special three-person sub-panel of the University Disciplinary Board will resolve the alleged violation(s) of the Policy on Sexual Misconduct.
The Director of Honor and Judicial Programs will consult with each party individually regarding their choice. Should the selection of the complainant and respondent differ, the Director of Honor and Judicial Programs will determine the appropriate referral.
- The complainant has the right to request formal mediation of the complaint if the Director of Honor and Judicial Programs and/or the Assistant Dean for Student Affairs determine that the nature of the alleged incident is amenable to this type of resolution. Choosing mediation does not in any way preclude the complainant from filing disciplinary charges should he/she be dissatisfied with the process or the results.
- The complainant may decide, subsequent to the filing of formal charges against the respondent, to withdraw the complaint.
Furthermore, the complainant has the right to reinstate the charge(s) only once after a formal complaint has been withdrawn. This must occur within one calendar year of the date of the alleged incident.
- As a rule, the complainant has the right to not have information regarding previous sexual history with third parties inquired into during the hearing.
- At the sole discretion of the chair and members of the hearing body, the complainant may be allowed to present evidence of the respondent's previous sexual history with third parties only if it has relevance to the establishment of a past pattern of conduct pertinent to the matter under review.
- The complainant has the right to be made aware of the final decision(s) regarding the outcome of the hearing and any sanctions imposed upon the respondent.
- During the testimony phase of Sexual Misconduct hearings, the right of cross-examination shall be superseded by cross-examination by the hearing board.
- The respondent and the complainant may each privately present an opening statement before the Board. The respondent and complainant may view each other’s statement on live video feed.
- The respondent and the complainant may present evidence and witnesses. Witnesses may be cross-examined in each other’s presence.
- The board will privately cross-examine the respondent, the complainant, and any witnesses they deem necessary. The respondent and complainant may view testimony on live video feed.
- The respondent and the complainant may each submit a list of questions to the Chair for the board to consider.
- The respondent and the complainant may each present a closing statement in each other’s presence before the Board.
- Victims of sexual misconduct will not be charged for alcohol offenses disclosed during the reporting process.
- When determining responsibility, the use of alcohol or drugs will not be considered a mitigating factor.