Formal Hearing Resolution
- The Sexual Misconduct Board shall consist of 3 trained Faculty/Staff members and advised by a member of the Dean of Students staff.
- Members of the Investigation Team will testify before the Sexual Misconduct Board.
- The Sexual Misconduct Board will conduct its hearing in accordance with due process protocols outlined in the Code of Conduct.
- The Sexual Misconduct Board will make its decision based on preponderance of evidence and provide a written determination of its findings of facts and outcome to both parties concurrently within one business day.
- Sanctions will include steps to end the behavior exhibited, prevent its reoccurrence, and make whole the educational environment of the victim. Depending on the nature of the conduct and the sanction imposed, the complainant may or may not be informed of the sanction issued to the respondent in accordance with the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. § 1232g; 34 CFR Part 99.
- Both complainant and respondent may request an appeal of the outcome of the Sexual Misconduct Board within five days of receipt of the written determination of the Sexual Misconduct Board.
- Grounds for appeal are outlined in the Student Code of Conduct.
- Determinations as to whether grounds for the appeal have standing and merit are made by the Dean of Students or designee. Appeals with standing and merit are forwarded to the Appeals Review Board for consideration.
- The Appeals Review Board will make the determination if there are grounds for the appeal and recommend any action to the Dean of Students. The board may:
- Affirm the decision of the board.
- Send the case to be re-heard
- Send back to the Dean of Students for sanction modification consideration
