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University Hearing Board Training (Session I)

Student Conduct & Ethical Development, The Catholic University of America (Fall 2015)

Desmond D. Daniels

on 10 September 2015

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Transcript of University Hearing Board Training (Session I)

Title IX Overview
Sexual Offenses Grievance Procedures
Sexual Offenses Grievance Procedures, con't
Sexual Offenses Grievance Procedures, con't
Policy Overview:
Section R2 (Sexual Offenses)
"Sexual Offenses" ~
A broad term encompassing a range of behaviors including, but not limited to:
Policy, Procedure, & Purpose
University Hearing Board Training, The Catholic University of America
intolerance for sex discrimination
respect for persons' bodily integrity
respect for the sacredness of human sexuality
contribute to the preservation of a safe and secure university environment where students are challenged to respect themselves and the rights of others
Why We Are Here
The Basics: University Policies
The Code of Student Conduct ("Code")
- meant to guide student behavior
- applicable, both, on and off-campus
- tied to "student" status
- independent of local, state, or federal laws

The Basics: CUA Conduct Process
Student Conduct System & Procedures
- provides a forum for students to respond to allegations
- affords a series of rights and responsibilities to students
- distinct from procedures found in the criminal justice
- seeks to educate student and challenge
conduct inconsistent with institutional values

The Basics: Students' Rights
Every student has a right to the following:
written notice of allegations
a student conduct proceeding
a reasonable delay of the proceeding
access to the case file
provide additional (and relevant) information
provide witnesses to challenge the allegations
a closed proceeding
be accompanied by an advisor
an outcome supported by a preponderance of the evidence
an outcome conveyed in writing
an appeal (under specific grounds)
"No person in the United States shall, on the basis of sex [...] be subjected to discrimination under any educational program [...] receiving Federal financial assistance."
- 20 U.S.C. ch. 38, sec. 1681, 92nd U.S. Congress
"The sexual harassment of students, including sexual violence, interferes with students' right to receive an education free from discrimination and, in the case of sexual violence, is a crime."
April 2011 Dear Colleague Letter
, Department of Education's Office for Civil Rights
- appointment of a trained resource person
- considerations of medical treatment
- referral to counseling, pastoral care
- educational support
- reasonable accommodations (classes & housing)
- support in navigating subsequent disciplinary or criminal processes
- managed by the Deputy Title IX Coordinator
- interviews with complainant and respondent
- interviews with witnesses
- review of all relevant documentary evidence
- coordinate, as appropriate, with MPD or other local law enforcement
- regular updates to Title IX Coordinator, Dean of Students, & General Counsel
- publication of investigative report

- Dean's review of investigative report
- Dean will refer the case to a hearing, where "sufficient information"
is available to charge the respondent
- All parties receive notice of conduct referral & scheduled hearing
- UHB is empaneled to review the matter
- UHB recommends a finding to the Dean of Students
- Dean of Students provides both parties with outcome letters
- Both respondent and complainant are provided a right to appeal

sexual assault
sexual harassment
dating violence
domestic violence
indecent exposure
sexual exhibitionism
use of communication systems to send unwanted sexual material and messages
prostitution or the solicitation or employment of a prostitute
peeping or other voyeurism
allowing others to view consensual sexual activity
non-consensual video or audio recording of sexual activity
any conduct prohibited by law
Full transcript