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Violation of Interim Measures Prior to Determination
If, prior to the Sexual Misconduct Board’s determination of responsibility, the Dean of Students receives information that indicates the Respondent has violated the terms of interim measures and additional remedies imposed, the Dean of Students may take any of the following actions:
• Impose new interim measures on Respondent.
• Charge Respondent with a violation of the Code of Responsibility.
• Prepare a written report for the Sexual Misconduct Board concerning the alleged violation. Where
appropriate, the Dean of Students will further investigate the allegations prior to preparing the report. The written report will be included in Respondent’s files and, in the event the Board determines a policy violation occurred, would be considered by the Board in determining appropriate sanction(s) to be imposed.
Conflicts of Interest
Investigators and Sexual Misconduct Board members with disclosed conflicts of interest or demonstrated bias for or against a student-party shall not be assigned to investigate or determine responsibility for an alleged policy violation. Examples of a conflict of interest include: a student-party currently enrolled in a course taught by a faculty member of the Board; a student-party in a formal counseling relationship with an Investigator or Board member; or where an Investigator or Board member currently supervises the student-party’s academic work, college student employment, or athletic or other educational programming.
Investigators and Board members deeming themselves disqualified for reasons of bias or interest shall remove themselves from the matter or may be removed by the Dean of Students or Chair. A party may petition the Dean of Students for removal of an Investigator; and may petition the Chair for removal of any member of the Board; on the basis of a conflict of interest or demonstrated bias.
Any faculty vacancies occurring on the Sexual Misconduct Board while a contested matter is to come before it shall be filled by the Faculty Executive Committee, which shall appoint disinterested members of the full-time teaching Faculty to fill such vacancies. Any staff vacancies occurring on the Sexual Misconduct Board while a contested matter is to come before it shall be filled by the President, in consultation with the Dean of Students, who shall appoint disinterested members of the full time staff to fill such vacancies.
Scheduling Meetings and Proceedings
The Complainant and Respondent shall receive timely notice of any meeting or proceeding at which they may be present. The college will make reasonable efforts to schedule meetings and proceedings at times convenient to the parties. Meetings and proceedings will not be scheduled at a time when a party has an unavoidable conflict with a required academic obligation (e.g., classes, labs). An advisor’s inability to attend a meeting does not constitute an unavoidable conflict that would necessitate rescheduling a meeting or proceeding.
Respondent Withdrawal
Should a Respondent choose to withdraw or take leave from the college after a formal complaint is filed but before final disposition of the matter, the college may continue to administer this policy or, in the alternative, the college may make note in the student’s disciplinary records that charges under this Policy were pending at the time of withdrawal.
Additional or Revised Charges
If the investigation produces information that indicates either that (i) there is evidence of additional policy violations that would constitute new or revised charges; or (ii) there is no factual basis for the allegations in the formal complaint, the Investigator shall notify the Dean of Students. Upon review of the information, the Dean of Students may revise the Notice of Investigation to include the new or revised charges. In the event there is no
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