University Procedures for On-Campus Disciplinary Action in Cases of Alleged Sexual Assault
With all manners of sexual violence or sexual harassment, the university's responsibility under Title IX is to take immediate action to address violence/harassment that it knew or should have known about.
The Dean of Students Office handles all disciplinary proceedings of alleged non-consensual sexual activity. If a student is sexually assaulted and chooses to report the assault, s/he can expect the following process:
- The victim (referred to as the complainant) files a report of the incident through university personnel, and a formal report is documented with the Department of Public Safety. The report can also be filed by university personnel or friends/family of the complainant or accused.
- Vanderburgh County Sheriff's Office may come to campus to file a report. The complainant may choose to, but is not required to file charges against the accused.
- The University report will be received by the Office of the Dean of Students.
- Within 10 business days of receiving the report, the Dean of Students or his/her designee will begin disciplinary proceedings and notify the charged student (the accused).
- Pending the investigation and/or outcome, the university will take immediate action to protect the complainant, such as changing living arrangements and academic schedules, and provide students with access to counseling and support. The Dean of Students will oversee all changes.
- Disciplinary proceedings may be in the form of an Administrative Hearing, with one university hearing officer, or a University Hearing Board that consists of two students, one faculty member, one administrator, and the Dean of Students or his/her designee. The decision of the type of hearing will be up to the accused. For more information on Hearing Procedures, refer to the Code of Conduct, section 4.4: Student Behavior Resolution Procedures.
- Both the complainant and the accused student are entitled to attend the hearing and provide their accounts of the alleged non-consensual sexual activity.
- In the event of a University Hearing Board, the complainant will be asked to share his/her accounts of the alleged non-consensual sexual activity in the presence of the accused. The accused will be able to ask the complainant questions through the hearing board chair.
- The complainant will not be allowed to hear the accounts of the alleged non-consensual sexual activity from the accused or ask him/her questions.
- Both the accused and the complainant are entitled to bring an advisor to the hearing. The advisor cannot be an attorney, nor will the advisor be allowed to represent (student, faculty, or staff).
- In no case will mediation be used in a case of sexual assault.
- The University's response to charges of sexual violence cannot be conditioned upon or delayed on the results of the criminal investigation. University sanctions or other responses cannot be conditioned upon a prosecutor's decision to criminally convict.
- The University will employ the civil "preponderance of evidence" standard when making findings about whether sexual violence did or did not occur.
- A decision will be reached within 5 business days as to whether or not the accused is responsible for the violation.
- Both the complainant and the accused will be informed of the outcome of any disciplinary proceedings conducted within the student judicial system.
- Permitted by the Office of Civil Rights the university may disclose to the campus community a finding that a student has perpetrated an act of sexual violence in violation of university policy, which is necessary to protect students from further harm.
- The Clery Act requires institutions to report campus crimes, including sexual assault, an obligation that does not yield to the privacy rights of a perpetrator found guilty.
For more information concerning the procedures of the Student Judicial System contact the Dean of Students Office at 464-1862 or visit UC East, room 1229.