Downloadable Files:
Cover Page for Sexual
Assault Response Network
Information about Personal
Advocates
Sexual Assault Incident Report
Form
Student Sexual Assault Checklist
I. FILING A REPORT
The Coordinator of the Sexual Assault Response Network (C-SARN) will generally
serve as the initial contact person. However, in the event the person
filing the report wishes to meet with someone other than the C-SARN, the
C-SARN will refer this individual to the person designated as the alternate
C-SARN.
For the purposes of these procedures, complainant shall
be used to refer to the person alleging an incident of sexual assault.
The respondent shall be used to refer to the person accused of sexual
assault.
A. C-SARN—Will meet with the complainant to
discuss and explain the following:
1.The various options available to the complainant
(on campus procedures, legal options, etc.).
2. The disciplinary proceedings and possible outcomes.
3. The individual’s right to obtain the assistance of someone to
serve as his/her “advocate/personal assistant” in the remainder
of the proceedings. Guidelines for selecting an advocate/personal
assistant will be provided.
4. Determine if the complainant wishes to proceed with filing a report
of the incident. If so, the C-SARN will assist the complainant in completing
the Sexual Assault Incident Report Form (if not already completed). A
copy of this form will be forwarded to the Information Coordinator who
will make arrangements to meet with all parties involved.
5. Determine if the complainant wishes the college to proceed with a formal
response to the alleged incident. If not, the C-SARN should collect a written
statement from the complainant speaking to his or her desire for the college
to not engage in a response.
6. Determine the need for temporary restrictions between the complainant
and the respondent. These restrictions could involve changes to class schedules,
living arrangements, and personal contact. If the C-SARN determines that
temporary restrictions may be appropriate, he/she will meet with the Dean
of Students and share pertinent information. The Dean of Students
shall be responsible for making all decisions regarding the imposition
of temporary restrictions. This decision may be made in consultation with
other college officials. Such measures shall generally be taken to insure
the safety and well-being of the complainant and/or the campus community
as a whole. Measures to be taken will be determined on a case-by-case
situation. The Dean of Students will meet individually with the complainant
and the respondent to discuss these restrictions and sign a no contact
agreement form
II. GATHERING INFORMATION
The Information Coordinator (IC) shall have the responsibility of gathering
information regarding the alleged assault. Generally, a meeting with the
complainant must take place within 48 hours after meeting with the C-SARN.
A. IC—Will meet with the complainant and do
the following:
1. Provide the appropriate information regarding
what is to take place, including all guidelines relevant to the
process of taking a statement from the complainant and any other
individuals who are identified as witnesses or persons with pertinent
information.
2. Collect and record an official statement from
the complainant on the alleged incident.
B. IC—Will make all necessary provisions for
a statement to be taken from the all other individuals that the
complainant may identify as witnesses or persons with pertinent
information. The IC, in consultation with the C-SARN, will determine
what constitutes a witness. In general, a witness will be an individual
who was with the complainant or respondent at the time that the
incident took place. Persons with pertinent information may also
be interviewed at the discretion of the Information Coordinator.
In an effort to save time, they will be interviewed only if they
can contribute relevant information.
C. IC—Will meet with the complainant after all statements have been
taken, review the college’s sexual assault policies with the alleged
victim and explain which policy he/she feels has been violated.
D. IC—Will arrange a meeting with the respondent to notify him/her
that he/she has been identified as being involved in the alleged incident.
Generally, this meeting should occur no later than 48 hours after initially
meeting with the respondent. At this meeting, the IC will also do the following:
1. Provide the appropriate information regarding
what is to take place, including all guidelines relevant to the
process of taking a statement from the respondent and any other
individuals who are identified as witnesses or persons with pertinent
information.
2. Advise the respondent of his/her right to obtain the assistance of someone
to serve as his/her “advocate” in the remainder of the proceedings.
Guidelines for selecting an advocate will be provided.
3. Collect and record an official statement from the respondent on the
alleged incident. If the respondent is not able to give the statement at
that time, the IC will schedule a time and place for the statement(s) to
be given within the next 24 hours of the initial meeting.
E. IC—After all statements have been taken,
the IC will facilitate separate opportunities for both the respondent
and complainant to review the other person’s statement (and
any witnesses’). These viewing sessions will be conducted
under specific restrictions, including a requirement that all parties
reviewing this material agree to keep all information confidential.
F. IC—Will notify the C-SARN that the investigation has been completed.
The C-SARN will notify the Dean of Students that the investigation has been
completed and that a hearing should be scheduled.
G. In the event a respondent or any witness fails to meet with the IC, the
C-SARN reserves the right to consider the investigation complete and forward
it to the Sexual Assault Hearing Board. The C-SARN will notify the Dean of
Students that the investigation has been completed and that a hearing should
be scheduled.
III. SEXUAL ASSAULT HEARINGS
The Dean of Students shall be responsible for scheduling all sexual assault
hearings. Generally, the hearing should be scheduled within 3 days after
the Information Coordinator has completed his/her responsibilities.
A. Dean of Students—Will coordinate the scheduling
of a hearing with members of the Sexual Assault Hearing Board and
all parties that are involved. This includes providing both the
complainant and respondent with the following information:
1. Written notice of the date, time and location
of the hearing.
2. Information regarding the hearing, including, but not necessarily limited
to, the following:
a. Guidelines for requesting possible changes
in the composition of the Sexual Assault Hearing Board.
b. Limitations on who may be present at the hearing and any restrictions
on the involvement of individuals other than the complainant and the
respondent during the hearing.
c. Procedures for requesting modifications to the hearing proceedings
as it relates to the respondent and complainant being present in the
room at the same time.
B. Dean of Students—Will serve as the Chair
for all the hearings. It shall be this person’s responsibility
to convene the hearing and direct all proceedings within the hearing,
but the Chair shall not be considered to be a member of the Sexual
Assault Hearing Board.
The Sexual Assault Hearing Board (SAHB) will be responsible for making a
determination as to whether or not a violation of college policy occurred.
The SAHB will consist of three (3) regular members and two (2) alternates.
All members will be appointed annually by the President from the college’s
administrative and staff personnel.
C. SAHB—Will listen to the information presented by the respondent
and complainant and may ask questions of all who participate in the hearing.
D. Dean of Students—After all parties have presented their cases, the
Dean of Students will recess the hearing, establishing a day and time for
the hearing to reconvene. This time may be subject to change in the event
the SAHB requests additional time after beginning their deliberations. Generally,
the hearing will reconvene within 24 hours.
E. SAHB—Will adjourn to a private session and make a determinationof
responsibility.
F. SAHB—Will convey its decision to the Dean of Students in writing.
G. Dean of Students—If the respondent has (have) been found “responsible” for
a policy violation by the SAHB, the Dean of Students will determine the sanction(s)
to be applied. Determination of the sanction(s) by the Dean of Students is
most applicable in cases in which a student has been found “responsible” for
a second degree sexual assault. All other violations of the college’s
policies governing sexual assault carry a predetermined sanction.
H. Dean of Students—Will reconvene the hearing at the scheduled time.
I. SAHB—Will convey its decision with the accused and alleged victim
present. The decision shall be presented both orally and in writing.
J. Dean of Students—If the accused has been found “responsible”,
the Dean of Students will announce the sanction(s) being assessed. Presentation
of the sanction(s) shall be made both orally and in writing.
IV. APPEAL PROCESS
The decision of the SAHB and/or the sanction(s) applied by the Dean of Students
may be appealed only to the College President. Either party (the victim or
the perpetrator) may appeal. Notice of intent to appeal must be presented
in writing to the President within seven (7) calendar days of the date the
decision is conveyed to the parties involved (see Section III, Item 1).
GUIDELINES FOR CONDUCTING SEXUAL ASSAULT HEARINGS
I. GENERAL GUIDELINES
A. Attendance at Hearings
Attendance shall be restricted to the following persons:
1. Members of the Sexual Assault Hearing Board
and the Hearing Chair.
2. The complainant and respondent.
3. The individuals selected by the complainant and respondent to serve
as their personal advocate/assistant.
4. Persons who serve as witnesses (with limitations as to when they can
be present in the hearing room).
5. Parents of the complainant or alleged perpetrator.
6. Attorneys are not permitted in a Sexual Assault Hearing.
B. Confidentiality
All who attend a Sexual Assault Hearing shall be required to agree to keep
all aspects of a Hearing confidential.
C. Other restrictions
Only the complainant, respondent, witnesses and those who are part of the
Hearing Board are permitted to speak publicly during a Hearing. Personal
advocates or any other persons in attendance can not make public statements
or ask questions of other participants in the hearing.
D. Challenging the Composition of the Hearing Board
Both the complainant and respondent will be provided with a list of the names
of the members of the Sexual Assault Hearing Board at least 48 hours prior
to the beginning of a hearing. If either objects to any member or members
of the Board, he/she must present the reasons for the objection in writing
to the Hearing Chair. The Chair will review the objection and decide whether
the Hearing Board member(s) should or should not be excluded from the Hearing.
Exclusion of any member of the Hearing Board should occur only if the Chair
is convinced that absence of impartiality or other extenuating circumstances
would result from allowing the Hearing Board member to adjudicate the incident.
E. Decision-Making by Hearing Board
1. To establish responsibility, the Hearing Board
shall base its decision on the basis of a “preponderance
of the evidence.” A preponderance of the evidence means
that it is more likely than not that the facts are as the complainant
claims.
2. Decisions of the Hearing Board shall be determined by a majority vote.
All votes shall be directed toward the question of whether the alleged
perpetrator is “responsible” for a violation of college policy.
F. Record of Hearings
An audio recording shall be made of the entire Hearing. Either party has
the right to request that portions of the tape be replayed during the Hearing.
A written transcription of the recording shall be produced within thirty
(30) days.
II. HEARING PROCEDURES
Should either party feel uncomfortable with being present in the room at the
same time, the Dean of Students shall make arrangements to modify the following
procedures to accommodate these needs. These modifications will likely result
in a longer hearing where each party is given time to hear the recorded statements
and questioning that occurred while they were out of the room.
A. Opening Statement
An opening statement is made by the Chair regarding the nature of the case,
the parties involved, and a review of the guidelines for the proceedings.
B. Initial Presentation of Information
This phase of the Hearing is intended to provide all parties involved with
the opportunity to present their side of the story. During this phase members
of the Sexual Assault Hearing Board are the only persons who may ask questions
directly of those presenting testimony. Any individuals who are part of the
Hearing as witnesses for either the complainant or respondent may be present
in the hearing room only during the time they are offering testimony.
All persons making statements before the Sexual Assault
Hearing Board shall be sworn in.
1. Members of the Hearing Board are provided copies
of the initial statement given by the complainant for review.
Time will be permitted for all Hearing Board members to review
this statement.
2. The complainant is give the opportunity to make any additional statement
he/she may wish, elaborate on the statement, clarify, etc. Hearing Board
members may ask questions of the complainant.
3. Statements from witnesses on behalf of the complainant are provided
to the Hearing Board Members. Time will be permitted for all Hearing
Board members to review these statements.
4. Witnesses supporting the complainant are given the opportunity to make
any additional statement they may wish, elaborate on their statements,
clarify, etc. statements. Hearing Board members may ask questions
of any witness.
5. Members of the Hearing Board are provided copies of the initial statement
given by the respondent for review. Time will be permitted for all
Hearing Board members to review this statement.
6. The respondent is given the opportunity to make any additional statement
she/he may wish, elaborate on the statement, clarify, etc. Hearing Board
members may ask questions of the respondent.
7. Statements from witnesses on behalf of the respondent are provided to
the Hearing Board members. Time will be permitted for all Hearing
Board members to review these statements.
8. Witnesses for the respondent are given the opportunity to make any additional
statement(s), and/or elaborate on their statement(s). Hearing Board members
may ask questions of any witness
C. Rebuttal and Interrogatory Phase
During this portion of the Sexual Assault Hearing each party is given the
opportunity to rebut what the other party may have said about the incident
and to ask questions directly of any person who has appeared before the
Hearing Board. Members of the Hearing Board may also question any and all
persons.
1. The complainant is given the first opportunity
at rebuttal and/or the questioning of anyone who has appeared
before the Board. She/he can make statements that specifically
address another person’s testimony, recall witnesses from
either side and ask questions of them or ask questions of the
respondent.
2. The respondent is given his/her opportunity at rebuttal and/or the questioning
of anyone who has appeared before the Board. He/she is entitled to
the same privileges accorded to the complainant.
3. Prior to the closing of this portion of the Hearing, Board Members shall
be entitled to recall anyone they choose for final questioning or clarification.
D. Closing Arguments
1. The respondent shall be given the opportunity
to make his/her final statement.
2. The complainant shall be given the opportunity to make his/her final
statement.
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