Sexual Misconduct Procedures: Determination Panel
Convening the Determination Panel. The Title IX Coordinator will convene a three member Determination Panel (the “Panel”) from a previously established pool of College community members trained to decide sexual misconduct cases. This pool shall not include students. The Title IX Coordinator will provide the Parties with the name of the persons assigned as the Panels member for their case.
- As soon as possible, but no later than three (3) business days after receiving notice of the identity of the assigned Panel members, the Parties should inform the Title IX Coordinator (in writing) of any conflicts or potential conflicts of interest in regard to the selected members assigned to the Panel.
- The Title IX Coordinator will consider the nature of the conflict and determine if different individuals should be assigned as members to the Panel. The Title IX Coordinator’s decision regarding any conflicts is final.
- The Title IX Coordinator will then submit the Investigative Report to the Panel members and set a subsequent date for the Panel to meet to determine responsibility and appropriate sanctions, if any.
Review and Determination by the Panel. The Panel will make a determination as to whether or not the Responding Party is responsible for violating the Sexual Misconduct Policy by having engaged in some or all of the reported conduct and will recommend appropriate sanction(s), if any. The Panel has the authority to accept the Investigative Report without seeking additional investigation, or to ask the Investigator(s) to conduct additional investigation on specific points.
- The Panel, in its discretion, may invite the Investigator(s) to attend a Panel meeting if the Panel believes it would be helpful to have an opportunity to ask the Investigator(s) any questions arising from the Investigative Report.
- The Panel also has the authority to speak directly with any persons identified in the Investigative Report, and is provided broad discretion.
Standard of Proof. All findings and determinations of responsibility under the Sexual Misconduct Policy will be made using a preponderance of the evidence standard. This standard requires the determination of whether it is more likely than not that a fact exists or a violation of the Sexual Misconduct Policy occurred.
- Please note that the preponderance of the evidence standard is not the standard used for criminal culpability in most jurisdictions and a determination of responsibility under the Sexual Misconduct Policy does not equate with a finding of a violation of criminal laws.