Discriminatory Harassment Hearing Board (DHHB) Procedures

Procedures Under the Nondiscrimination, Discriminatory Harassment and Sexual and Interpersonal Misconduct (Sexual Misconduct) Policies

 

  1. Sexual Misconduct Procedures
    1. Student Cases 
      1. Where Both the Complainant/Alleged Victim and Alleged Perpetrator Are Students

The Title IX Coordinator will assign one or more investigators to investigate allegations of Sexual Misconduct in which both the reporting individual (or alleged victim) and alleged perpetrator are students.  (The Title IX Coordinator may designate an external investigator to conduct or assist with investigations as needed.)  Investigations will begin promptly upon notice to the Title IX Coordinator of a complaint.  Investigations will normally be completed within 30 days of receipt of the complaint, although that period may be extended by the Title IX Coordinator (for reasons such as the complexity of the matter, the number of witnesses involved, academic break periods, etc.), and the parties will be so advised.    

In appropriate cases, the Associate Dean of Student Life, Associate Dean of Faculty Life, or Director of Human Resources, as appropriate,  may secure interim relief for a party during the pendency of the investigation and review.  Such relief may include no-contact orders; changes in academic, extracurricular, residential, transportation, dining or working arrangements; access to academic, counseling and other support; as well as safe walks and escorts, and other relief as appropriate.  (For more information on interim measures, see Sexual Misconduct Policy at 4.a(2).)  The Associate Dean will periodically check on the effectiveness of any interim relief provided.

At any time prior to a determination by the Sexual Misconduct, Domestic Violence, Dating Violence and Stalking Review Board (“RB”), the Associate Dean of Student Life may explore informal resolution provided the complaining party, the charged party and the University agree. (Mediation as a form of informal resolution is not available in cases of sexual assault or violence or in cases where a student is complaining of conduct by an employee who is in a position of authority over that student.)  In addition, informal resolution efforts can be discontinued by either party or the University at any time.

The investigation will be fair and impartial and will usually involve interviews of witnesses and review of relevant documentation and other information.  The complainant and the accused will be given an equal opportunity to separately present information in the context of the investigation and may request the interview of specific witnesses.  The investigator(s) retain(s) discretion to determine how to conduct the investigation and what information is necessary and relevant, subject to the direction of the Title IX Coordinator.  Either party may use an advisor, who may attend with the student any meeting or interview the student is required or eligible to attend.  The advisor’s role is to consult with and support the party and the advisor may not do so in any way which disrupts or distracts from the investigation.  The advisor is not permitted to speak or otherwise make any direct statements to the investigator(s) (or others) during meetings with the investigator(s) (or with others).  If the complainant or the party charged wishes to provide information, s/he must speak on his or her own behalf and not through their advisor.  An advisor who does not abide by this role may be precluded from further participation in investigatory meetings.  The advisor must be a non-lawyer, active member of the University community, except in cases of sexual assault, domestic or dating violence or stalking.  To avoid actual or potential conflicts of interest, community members involved with the implementation of these procedures (e.g. RB members, investigators, etc.) are not eligible to serve as advisors, even if not assigned to that case.

Upon completion of the investigation, the investigator(s) shall submit a written report of the investigation to the RB and the Title IX Coordinator.  The report should contain a review of the information uncovered in the investigation and the investigator(s)’ assessment of witnesses (as relevant).  Notice that the report has been submitted will be provided to the parties, who may submit a written request to the Associate Dean Student Life to be received within 48 hours of that notice, to the Title IX Coordinator, to review, on campus, the report and/or relevant information in the case file (subject to appropriate redaction, including as permitted and/or required by law).  The requesting party will be provided with a 7 day period during which access will be provided to the party (access is limited to the individual party, who may not photocopy or photograph the information provided).  This 7 day period may be extended through the Title IX Coordinator’s discretion, upon request or otherwise. The parties may also submit during this same 7 day period a final statement (including a personal impact statement) to be considered by the RB.  A copy of that statement will be shared with the other party, who will have 48 hours to submit a written response to the Title IX Coordinator.

The RB will review the investigation report and any timely received statements submitted by the parties as soon as practicable after receipt of the report from the investigator(s), completing that review normally within 14 days.  (A longer period of time may be required, for example, when the University is not in session, during exam week, etc.)  The RB may speak directly with the investigator(s) as part of its review, with any party or witness, or may request that the investigator(s) provide and/or obtain additional information.  If the RB decides to speak directly with either party, that party’s advisor may be present (as described above).  The RB will submit its written decision, findings of fact and rationale with respect to responsibility, and sanctions if applicable, to the Title IX Coordinator, who will provide a copy to each party. The RB will make its decision based on a preponderance of the evidence standard.  The RB may consider a student’s entire record, including past findings of responsibility in Sexual Misconduct, and other cases in determining an appropriate sanction.

Overall, it is expected that investigation and determination by the
RB will normally be completed within 60 days.  The parties will be periodically advised by the Associate Dean of Student Life about the status of proceedings before the RB. 

Either party may submit, in their own words, a written appeal of the RB’s decision.  (Unless expressly provided, an appeal does not delay implementation of the RB’s decision.)  An appeal must be submitted to the Title IX Coordinator within 7 days of receipt of the RB determination and must identify all information a party wishes to have considered on appeal.  Any appeal statement will be shared with the other party, who will have 48 hours to submit a response to the Title IX Coordinator.  The appeal and any response will be considered by the Vice President and Dean of Academic Affairs, and the Vice President and Dean of Student Life.  In the event the Vice Presidents cannot agree, the Title IX Coordinator will add a third member to the appeals panel.

Grounds for an appeal are limited to: significant procedural error, new evidence not reasonably available at the time a response to the investigators’ report could have been made, or the inappropriateness of penalties imposed or not imposed.

A decision responding to the written appeal will be issued to the parties and the Title IX Coordinator within a reasonable time, normally 10 days after receipt of the appeal.  The appeal process does not rehear complaints but ensures that students’ rights are protected, appropriate procedures are followed, and penalties are reasonable.

  1. Where Only the Alleged Perpetrator is a Student

Where a University Student is charged with Sexual Misconduct by a non-Student member of the University community, or a non-community member, the above process will be followed.

  1. Where the Complaining Party is a Student and the Alleged Perpetrator is an Employee

Where the party charged with Sexual Misconduct by a student is an employee, the Title IX Coordinator will appoint one or more investigators to investigate.  (The Title IX Coordinator may designate an external investigator to conduct or assist with investigations as needed.)  Investigations will begin promptly upon notice to the Title IX Coordinator of a complaint.  Investigations will normally be completed within 30 days of receipt of the complaint, although that period may be extended by the Title IX Coordinator (for reasons such as the complexity of the matter, the number of witnesses involved, academic break periods, etc.), and the parties will be so advised.  (On the terms provided above, informal resolution may be considered.)

The investigation will be fair and impartial and will usually involve interviews of witnesses and review of relevant documentation and other information.  The complainant and the accused will be given an equal opportunity to separately present information in the context of the investigation and may request the interview of specific witnesses.  The investigator(s) retain(s) discretion to determine how to conduct the investigation and what information is necessary and relevant, subject to the direction of the Title IX Coordinator.  Either party may use an advisor, who may attend with the advisee any meeting or interview the advisee is required or eligible to attend.  The advisor’s role is to consult with and support the party and the advisor may not do so in any way which disrupts or distracts from the investigation.  The advisor is not permitted to speak or otherwise make any direct statements to the investigator(s) (or others) during meetings with the investigator(s) (or with others).  If the complainant or the party charged wishes to provide information, s/he must speak on his or her own behalf and not through their advisor.  An advisor who does not abide by this role may be precluded from further participation in investigatory meetings.  The advisor must be a non-lawyer, active member of the University community, except in cases of sexual assault, domestic or dating violence or stalking.  To avoid actual or potential conflicts of interest, community members involved with the implementation of these procedures (e.g. RB members, investigators, etc.) are not eligible to serve as advisors, even if not assigned to that case.

Upon completion of the investigation, the investigator(s) shall submit a written report of the investigation to the Title IX Coordinator, the Vice President or other Senior Staff member with oversight of the area in which the charged party works and a Vice President or other Senior Staff member from another area, as designated by the Title IX Coordinator.  The report should contain a review of the information uncovered in the investigation and the investigator(s)’ assessment of witnesses (as relevant).  Notice that the report has been submitted will be provided to the parties, who may submit a written request to the Title IX Coordinator, to be received within 48 hours of that notice, to review, on campus, the report and/or relevant information in the case file (subject to appropriate redaction, including as permitted and/or required by law).  The requesting party will be provided a 7 day period during which access will be provided to the party (access is limited to the party, who may not photocopy or photograph the information provided.)  This 7 day period may be extended through the Title IX Coordinator’s discretion, upon request or otherwise. The parties may also submit during this same 7 day period a final statement (including a personal impact statement) to be considered by the Vice Presidents (or Senior Staff).  A copy of that statement will be shared with the other party, who will have 48 hours to submit a response to the Title IX Coordinator.

At any point in the process involving a complaint against a tenured faculty member which may involve termination, the Title IX Coordinator may refer the matter for handling under the Faculty Handbook procedures on termination

The Vice Presidents (or Senior Staff) will review the investigation report and any timely received statements submitted by the parties as soon as practicable after receipt of the report from the investigator(s), completing that review normally within 14 days.  (A longer period of time may be required for example, when the University is not in session, during exam week, etc.)  The Vice Presidents (or Senior Staff) may speak directly with the investigator(s) as part of its review, with any party or witness, or may request that the investigator(s) provide and/or obtain additional information.  If the Vice Presidents (or Senior Staff) decide to speak directly with either party, that party’s advisor may be present (as described above).  The Vice Presidents (or Senior Staff) will submit their written decision, findings of fact and rationale with respect to responsibility, and sanctions if applicable, to the Title IX Coordinator, who will provide a copy to each party. The Vice Presidents (or Senior Staff) will make their decision based on a preponderance of the evidence standard.  The Vice Presidents (or Senior Staff) may consider an employee’s entire record, including past findings of responsibility in Sexual Misconduct, and other]cases in determining an appropriate sanction.  In the event the Vice Presidents (or Senior Staff) cannot agree, the Title IX Coordinator may appoint a third person.

Overall, it is expected that investigation and determination by the
Vice Presidents (or Senior Staff) will normally be completed within 60 days.  The parties will be periodically advised by the Associate Dean of Student Life about the status of proceedings. 

Either party may submit, in their own words, a written appeal of the Vice Presidents’ (or Senior Staff’s) decision.  (Unless expressly provided, an appeal does not delay implementation of the RB’s decision.)  An appeal must be submitted to the Title IX Coordinator within seven days of receipt of the determination and must identify all information a party wishes to have considered on appeal.  Any appeal statement will be shared with the other party, who will have 24 hours to submit a response to the Title IX Coordinator.  The appeal and any response will be considered by two disinterested Vice Presidents (or Senior Staff) appointed by the Title IX Coordinator.   In the event they cannot agree, the Title IX Coordinator will add a third member to the appeals panel.

Grounds for an appeal are limited to: significant procedural error, new evidence not reasonably available at the time a response to investigators’ report could have been made, or the inappropriateness of any penalty imposed or not imposed.

A decision responding to the written appeal will be issued within a reasonable time, normally 10 days after receipt of the appeal.  The appeal process does not rehear complaints but ensures that parties’ rights are protected, appropriate procedures are followed, and penalties are reasonable.

  1. Where the Complainant Is a Student and the Alleged Perpetrator is Not an Active Member of the University Community or the Complaint is Made Anonymously

When the alleged perpetrator is a not a member of the University community, the Title IX Coordinator will appoint one or more investigators.  (The Title IX Coordinator may designate an external investigator to conduct or assist with investigations as needed.)  The investigatory process will be fair and impartial and allow each party to separately offer relevant evidence and witnesses on an equal basis and allow each party the use of an advisor (on the same basis as set out above).  The same general time periods set out above will apply.

Any investigatory process conducted will be impartial and allow each party (if known) to offer separately relevant evidence and witnesses on an equal basis and allow each party the use of an advisor (as described above) with any final determination to be made by the Vice President and Dean of Student Life, pursuant to a preponderance of the evidence  standard.  Each party will be notified of the completion of the investigation and upon submission of a written request to the Title IX Coordinator received within 48 hours of the date of the notice of completion, to review, on campus, the investigation report and/or relevant information in the case file (subject to appropriate redaction, including as permitted and/or required by law).   The requesting party will be provided a 7 day period during which access will be provided to the party (access is limited to the party, who may not photocopy or photograph the information provided.)  This 7 day period may be extended through the Title IX Coordinator’s discretion, upon request or otherwise.  The parties may also submit a final statement (including a personal impact statement) to be considered by the Vice President and Dean of Student Life in that same 7 day period.   A copy of that statement will be shared with the other party, who will have 48 hours to submit a response to the Title IX Coordinator.  A determination, with findings of fact and the rationale for a responsibility finding and, sanctions, if imposed, will be provided generally within 14 days of receipt of the investigator’s report.  

Either party may submit, in their own words, a written appeal to the Title IX Coordinator within 10 days of receipt of the Vice President’s decision.  (Unless expressly provided, an appeal does not delay implementation of the Vice President’s decision.)  A copy of that appeal will be shared with the other party, who will have 48 hours to sbumit a response.  The Title IX Coordinator will appoint two disinterested Vice Presidents (or Senior Staff) to hear the appeal.  The only grounds for appeal are significant procedural error, newly discovered evidence not available at the time of the parties’ response to the investigator(s)’ report, or the inappropriateness of the penalty imposed or not imposed.  In the event the two cannot agree, the Title IX Coordinator will appoint a third person.

Qualifications and Appointment— Sexual Misconduct, Domestic Violence, Dating Violence, and Stalking Review Board

The RB consists of up to twelve non-student members of the St. Lawrence University community plus the Associate Dean of Student Life (or a designee appointed by the Associate Dean of Student Life), who must be trained annually in accordance with state and federal law before serving on any case.  (Only those individuals who have undergone training directed by the Title IX Coordinator are eligible to serve as an RB member in any case.)  Three members of the Board will serve as the RB for each individual complaint.  The Vice President and Dean of Student Life, the Associate Dean of Student Life, and Title IX Coordinator collaborate in identifying faculty and staff members interested in working with the RB.  The recommendations for faculty membership are forwarded to the Vice President and Dean of Academic Affairs and on to Faculty Council for approval.  The role of the Associate Dean of Student Life is to assure that all administrative and procedural requirements are met, to collect information, and to perform other administrative duties and otherwise assist the Board as needed.  The Associate Dean of Student Life attends meetings of the RB but is not a voting member of the Board.

  1. Complaints By Employees

A member of the University community who is not a student (i.e., who is an employee) and who believes that s/he is experiencing or has experienced an incident of Sexual Misconduct, may contact any of the Responsible Administrators listed at www.stlawu.edu/sexual-assault-resources  although the employee is urged to report to the Director of Human Resources for Employee Relations, the Vice President (and/or Senior Staff) with supervision of the area of the person charged, or the Title IX Coordinator/Vice President for Community and Employee Relations.

If the alleged perpetrator is a student, the above procedure and processes for students will apply.   

When the alleged perpetrator is a non-student member of the University community, the Title IX Coordinator will appoint one or more investigators.  (The Title IX Coordinator may designate an external investigator to conduct or assist with investigations as needed.)  The investigatory process will be fair and impartial and allow each party to separately offer relevant evidence and witnesses on an equal basis and allow each party the use of an advisor (on the same basis as set out above).  The same general time periods set out above will apply.

A written report of the investigation and the investigator(s)’ assessment of witnesses (as relevant) will be provided to the Title IX Coordinator, the Vice President (or Senior Staff) with oversight of the area in which the charged party works and a Vice President (or Senior Staff) from another area, as designated by the Title IX Coordinator.  The parties will be notified of the completion of the investigation and, upon submission of a written request to the Title IX Coordinator received within 48 hours of that notice,  may review, on campus, the investigation report and/or relevant information in the case file (subject to appropriate redaction, including as permitted and/or required by law). The requesting party will be provided with a 7 day period during which access will be provided to the party (access is limited to the individual party, who may not photocopy or photograph the information provided).  This 7 day period may be extended in the Title IX Coordinator’s discretion, upon request or otherwise). The parties may also submit a final statement (including a personal impact statement) to be considered by the Vice Presidents (or Senior Staff) in that same 7 day period. A copy of that statement will be shared with the other party, who will have 48 hours to submit a response.  The Vice Presidents (or Senior Staff) may speak directly with the investigator(s) as part of their review, with any party or witness, or may request that the investigator(s) provide or obtain additional information. 

At any point in the process involving a complaint against a tenured faculty member which may involve termination, the Title IX Coordinator may refer the matter for handling under the Faculty Handbook procedures on termination.

The Vice Presidents (or Senior Staff) will provide a written determination to the parties, based on a preponderance of the evidence standard, with findings of fact and a rationale for their responsibility finding and sanctions, if any, generally within 14 days of receipt of the investigator’s report.  In the event the Vice Presidents (or Senior Staff) are unable to agree, the Title IX Coordinator will appoint a third Vice President (or Senior Staff) to participate in the process.

Either party may submit, in their own words, a written appeal within 7 days of that decision to the Title IX Coordinator who will appoint a disinterested Vice President (or Senior Staff) to hear the appeal.  (Unless expressly provided, an appeal does not delay implementation of the RB’s decision.)  The only grounds for appeal are significant procedural error, newly discovered evidence not reasonably available at the time a response to the investigators’ report could have been provided, or the inappropriateness of the penalty imposed or not imposed.  Each party’s appeal statement, if any, will be shared with the other party, who will have 48 hours to submit a response.

In appropriate instances, interim relief, including no-contact orders, may be provided through the Title IX Coordinator.  Parties directly affected by interim relief may request, in writing submitted to Title IX Coordinator, a review of the need for and terms of that relief, and may submit evidence in support of that request.

If the alleged perpetrator is not an active member of the University community, the matter will be investigated and handled by the Assistant Vice President for Director of Safety and Security, who will make a final determination based on a preponderance of evidence standard.  Any investigatory process conducted will be fair and impartial, allow each party the use of an advisor (on the terms described above), and generally follow the above timelines.  Each party will be notified of the completion of the investigation and can request in writing, directed to the Title IX Coordinator and received within 48 hours of the notice, to review, on campus, the investigation report and /or relevant information in the case file (subject to appropriate redaction, including as permitted and/or required by law).  The requesting party will be provided with a 7 day period during which access will be provided to the party (access is limited to the individual party, who may not photocopy or photograph the information provided).   Either party may submit a written statement (including a personal impact statement) to the Title IX Coordinator, for consideration by the Assistant Vice President for Security and Safety, during that same 7 day period.   A copy of that statement will be shared with the other party, who will have 48 hours to submit a response.  The Assstant Vice President’s determination will be in writing, include findings of fact and a rationale for the responsibility finding and sanctions, if any, and will generally be provided within 14 days of receipt of the investigator’s report.  There is no right of appeal.

  1. Complaints By Non-Members of the Community

When a non-member of the University Community believes s/he is experiencing or has experienced Sexual Misconduct related to a University program, s/he should report concerns to the Assistant Vice President for Security and Safety or the Title IX Coordinator.  Where the report involves Sexual Misconduct allegedly perpetrated by a student, the student procedures, above, will apply.  Where the report involves Sexual Misconduct allegedly perpetuated by an employee, the employee procedures, above, will apply.  In all other cases, the Assistant Vice President for Security and Safety and/or one or more other investigators (including external investigators) as designated by the Title IX Coordinator will conduct an investigation, usually within 10 days of receipt of the complaint.  The findings of that investigation will be presented to a Vice President selected by the Title IX Coordinator for a final determination.  Access to the investigation report and investigatory materials will be permitted to the extent required by law.   The Vice President may speak directly with the investigator(s) as part of his/her review, with any party or witness, or may request that the investigator(s) provide or obtain additional information.  Any final determination will be based on a preponderance of the evidence standard.  In such cases, the Vice President will provide a written determination, with findings of fact and a brief rationale as to the responsibility determination and sanctions, if any, to each party, generally within 10 days of the investigator’s report.  There is no right of appeal.

Vice President for Community and Employee Relations and Title IX Coordinator Lisa Cania, Vilas 114, 315-229-5656, lcania@stlawu.edu

Assistant Vice President for Safety and Security Patrick Gagnon
Torrey Health Center, 76 Park Street, rear entrance,  315-229-5555, pgagnon@stlawu.edu

  1. Procedure for Discrimination Other Than Sexual Misconduct
    1. Student Complaints

A student who believes s/he has been the victim of discrimination other than Sexual Misconduct may report it to any of the Responsible Administrators noted at www.stlawu.edu/sexual-assault-resources,  or may speak to her/his  academic advisor, chairperson of the Department, any staff member in student life, particularly residence life, or counseling for guidance on how to proceed. 

Complaints of such discrimination will be investigated in the same general manner (including timeframes) as outlined above for Sexual Misconduct complaints made by a student, see I.  A above, except that where the alleged perpetrator is a student and the matter involves discriminatory harassment, referral may be made to the Discriminatory Harassment Hearing Board, and in all other cases, a final decision may be made by the Vice President and Dean of Student Life. In these types of cases, any advisor must be an active, non-lawyer member of the University community and their role is as described above.

  1. Complaints By Employees

A member of the University community who is not a student (i.e., who is an employee) and who believes that s/he is experiencing or has experienced discrimination other than Sexual Misconduct may contact any of the Responsible Administrators listed at www.stlawu.edu/sexual-assault-resources, although the employee is urged to report to the Director of Human Resources for Employee Relations, the Vice President (or Senior Staff) with supervision of the area of the person charged, or the Vice President for Community and Employee Relations.

If the alleged perpetrator is a student, the above procedure and processes for students will apply. 

When the alleged perpetrator is a non-student member of the University community, once a complaint has been reported, it will be promptly investigated by the Assistant Vice President for  Security and Safety and/or one or more Deputy Title IX Coordinators, as determined by the Title IX Coordinator.  The investigatory process will be impartial and allow each party to separately offer relevant evidence and witnesses on an equal basis and allow each party the use of an advisor (on the same basis as set out in the Sexual Misconduct policy). 

A written report of the investigation,  and the investigator(s) assessment of witnesses (as relevant) will be provided to the Title IX Coordinator, the Vice President (or Senior Staff) with oversight of the area in which the charged party works and a Vice President (or Senior Staff) from another area, as designated by the Title IX Coordinator. The Vice Presidents (or Senior Staff) may speak directly with the investigator(s) as part of their review, with any party or witness, or may request that the investigator(s) provide or obtain additional information. 

At any point in the process involving a complaint against a tenured faculty member which may involve termination, the Title IX Coordinator may refer the matter for handling under the Faculty Handbook procedures on termination.

The Vice Presidents (or Senior Staff) will provide a written determination, based on a preponderance of the evidence standard, with a brief rationale, to each party, generally within 30 days of receipt of the investigator’s report.  (In the event the Vice Presidents (or Senior Staff) are unable to agree, the Title IX Coordinator will appoint a third Vice President (or Senior Staff) to participate in the process.)

Either party may submit a written appeal within 7 days of that decision to the Title IX Coordinator who will appoint a disinterested Vice President (or Senior Staff) to hear the appeal.  The appeal will be shared with the other party, who will have 48 hours to submit a response.  The only grounds for appeal are procedural error, newly discovered evidence not reasonably available at the time of the investigators’ report, or the inappropriateness of the penalty imposed or not imposed. 

Alternatively, the Title IX Coordinator may refer the matter to the DHHB for processing.  The procedures for investigations and hearings before the DHHB can be found at http://www.stlawu.edu/human-resources/discriminatory-harassment-hearing-board-dhhb-procedures

In all appropriate instances, interim relief may be provided, as explained above.

If the alleged perpetrator is not an active member of the University community, the matter will be investigated and handled by the Assistant Vice Presudent for Security and SafetyAssistant Vice President for Safety and Security, who will make a final determination. 

  1. Complaints By Non-Members of the Community

When a non-member of the University Community believes s/he is experiencing or has experienced discrimination, other than Sexual Misconduct, s/he should report concerns to the Assistant Vice President for Safety and Security or the Vice President for Community and Employee Relations.  Where the report involves conduct allegedly perpetrated by a student, the above procedures for students shall apply.  Where the report involves conduct allegedly perpetrated by an employee, the above procedures for employees shall apply.  In all other cases, the Assistant Vice President for Safety and Security and/or one or more Deputy Title IX Coordinators will conduct an investigation, usually within 30 days of receipt of the complaint.  The findings of that investigation will be presented to a Vice President selected by the Title IX Coordinator for a final determination.  The Vice President may speak directly with the investigator(s) as part of his/her review, with any party or witness, or may request that the investigator(s) provide or obtain additional information.  Any final determination will be based on a preponderance of the evidence standard.  In such cases, the Vice President will provide a written determination, with a brief rationale, to each party, generally within 14 days of the investigator’s report.  There is no right of appeal. 

Vice President for Community and Employee Relations and Title IX Coordinator Lisa Cania,Vilas 114, 315-229-5656, lcania@stlawu.edu

Assistant Vice President for Safety and Security Patrick Gagnon

Torrey Health Center, 76 Park Street, rear entrance, 229-5555, pgagnon@stlawu.edu

  1. Common Provisions

A.        Rights of the Complainant. 

The complainant under these procedures has:

  1. the right to provide a personal statement before any sanction is imposed;
  2. the right to make his/her statement without directly confronting the party charged;
  3. the right to be notified in advance in writing (including electronically) of any meeting they are required or eligible to attend and the reason for that meeting;
  4. the right not to have his or her past sexual history with the other party considered, unless determined to be directly relevant to the matter at hand, and the right to not have their prior sexual history with other persons considered as part of a responsibility determination;
  5. the right to ask that witnesses relevant to the case be interviewed as part of the investigation and to submit other evidence for consideration; however, the investigator(s) may establish a reasonable limit on the number of witnesses and to also place reasonable restrictions on the consideration of any proffered information;
  6. the right to appeal a decision to the extent provided for in this policy;
  7. the right to ask one member of the RB (or other board if applicable) to recuse himself/herself, to be replaced by another member and to raise any issues of conflict of interest;
  8. the right to decline to answer a question during the investigatory and/or review process. However, the investigation and review proceeds based on the information provided;
  9. the right to have their own mental health diagnoses and/or treatment excluded during any responsibility determination.

B.        Rights of the Accused. 

The accused under these procedures has:

  1. the right to be informed of the factual allegations concerning any alleged violation, the date, time and place of the alleged violation; a reference to the Policy provisions violated and possible sanctions;
  2. in the course of the investigatory and adjudicatory process, the right to be presumed not responsible for a violation until a finding of responsibility has been made;
  3. the right to provide a personal statement before any sanction is imposed;
  4. the right to be notified in advance in writing (including electronically) of any meeting they are required or eligible to attend and the purpose of the meeting;
  5. the right to make his/her statement without directly confronting the complaining party
  6. the right not to have his or her past sexual history with the other party considered, unless determined to be directly relevant to the matter at hand, and the right to not have their prior sexual history with other persons considered as part of a responsibility determination (prior findings and sexual assault, domestic violence, dating violence and stalking may be considered in determining a sanction, as may other aspects of the respondent’s overall record);
  7. the right to ask that witnesses relevant to the case be interviewed as part of the investigation and to submit other evidence for consideration.  However, the investigator(s) may establish a reasonable limit on the number of witnesses and to also place reasonable restrictions on the consideration of any proffered information;
  8. the right to appeal a decision to the extent provided for in this policy;
  9. the right to ask one member of the RB (or other board if applicable) to recuse himself/herself, to be replaced by another member and to raise any issues of conflict of interest;
  10. the right to decline to answer a question during the investigatory and/or review process.  However, the investigation and review proceeds based on the information provided;
  11. the right to have their own mental health diagnoses and/or treatment excluded during any responsibility determination.
    1. Interim Suspensions

In those cases where, in the opinion of the University, the continued presence of an individual on campus constitutes a threat of danger or injury to others or a threat of disruption of the educational or living environment, that individual may be immediately suspended from the University and/or otherwise prohibited from access to campus, or other appropriate interim action taken.

In the case of the suspension, either the party suspended or an individual impacted by the alleged misconduct shall be afforded a prompt review of the need for and term of any interim suspension by submitting a request in writing to the Title IX Coordinator, which shall be accompanied by any evidence in support of that request.  

  1. Sanctions/Discipline

A student found to have engaged in Discrimination, including Sexual Misconduct, is subject to a range of sanctions depending on the circumstances of each situation.  Those sanctions can be found at http://www.stlawu.edu/resource/student-handbook and can take into account a student’s prior disciplinary record.

Students who violate sanctions imposed under these procedures by the Vice President and Dean of Student Life and/or Vice President and Dean for Academic Affairs (after appeal) shall be subject to further disciplinary action up to and including expulsion from the University which discipline can be imposed directly by the Vice President and Dean of Student Life, provided the student is first given the opportunity to meet with the Vice President and Dean.

The President of the University is informed by the Vice President and Dean of Student Life of all cases resulting in suspension or expulsion of a student.  The President is also informed of all decisions to restrict membership or remove recognition from a student group or organization.

Any University employee found to have engaged in Discrimination, including Sexual Misconduct, is subject to a range of discipline depending on the circumstances of each case.  That discipline can include termination and can take into account the employee’s prior employment record.

  1. Transcript Notation

In the event any student is found responsible for conduct that constitutes a crime of violence that must be reported under the Clery Act (including aggravated assault, nd sexual violence and is suspended or expelled as a result, his/her transcript will note that they were suspended or expelled, as appropriate, for a finding of responsibility for a code of conduct violation (or words to that effect).   A student who withdraws with such charges pending and does not participate through completion in any University process will have noted on his/her transcript that he/she withdrew with charges pending (or words to that effect).  (The University may, in its discretion, pursue tharges to completion, and impose a sanction, notwithstanding a student’s withdrawal.)  Pursuant to the University’s policy on transcript notations, a student who has been suspended may be eligible to seek to have the notation removed, but not sooner than one year following completion of the suspension.

  1. Complaints Involving Multiple Complainants/Respondents/Claims

In cases where there are multiple complainants and/or multiple respondents, the University reserves the right to handle the cases individually or jointly.  Further, in cases where there are allegations of a violation of this Policy and collateral allegations of other policy violations (e.g., an allegation of a non-consensual sexual contact and minor property damage), the University reserves the right to have allegation(s) of violations of this Policy and the collateral allegation(s) investigated and adjudicated pursuant to this Policy.  In cases where the individual has more than one status with the University (such as a student who is also employed with the University, or any employee who takes courses at the University), the University will determine in its discretion which status is primary; in such a situation, sanctions imposed may include both sanctions related to each status.

  1. Time Limits

The Title IX Coordinator may extend any time limits provided for in these procedures for good reason.

  1. Records

No investigatory meeting shall be recorded in any way other than the individual notes taken by those present and the reports detailed above.  All records are maintained in confidential files maintained by the Title IX Coordinator (for at least five years) or designee and only those with a right and need to know are permitted access, unless otherwise provided in these procedures. 

  1. Cooperation

Failure to cooperate with investigatory requests by either party or persons acting on a party’s behalf may be dealt with by appropriate disciplinary action and may be considered in the resolution of any complaint.

  1. Interpretation/Other Issues

Interpretation of these procedures is vested in the Title IX Coordinator.  Issues that are not specifically addressed in the above may be resolved by the Title IX Coordinator.

  1. Designation of Authority and University Counsel

Any University administrator or official whom this policy empowers to act may request that the Title IX Coordinator delegate that authority to another appropriate University official, or the Title IX Coordinator in his or her own discretion may delegate that administrator’s or official’s authority to act to another appropriate person.  Delegation of authority may be necessary to avoid conflicts of interest or where time constraints or other obligations prevent a University official named in this policy from fulfilling his/her designated role.

The Title IX Coordinator may delegate his or her authority and/or responsibilities under these procedures to any Deputy Title IX Coordinator or other appropriate official.

Any University administrator or official involved in implementing this policy may seek the advice of the University’s legal counsel, to be coordinated through the Title IX Coordinator.