Student Sexual Misconduct Policy

Part III: Disciplinary Procedures

The disciplinary process afforded to students is not designed to be, and does not create the same rights as, the process used by courts in civil or criminal legal proceedings. Deviations from the procedures set forth in Part III will not invalidate the imposition of sanctions under Part III unless any such deviations result in an unfair hearing.

A. Initiation of Disciplinary Proceedings
Disciplinary proceedings may be initiated only on formal complaint made to the Associate or Assistant Dean of Students (hereinafter referred to as the Dean) or upon independent initiative of the Dean.

B. Who May Initiate a Complaint
Any student, faculty member, administrative officer, employee or guest of the College may initiate disciplinary proceedings by complaint. The Dean may on his or her own discretion require complaints to be put in writing and signed before proceeding further.

C. Function and Authority of the Dean for Disciplinary Proceedings
The following procedures pertain to all disciplinary proceedings involving the Dean except for Sexual Misconduct. The Sexual Misconduct procedures are in Part III, Section H.

1. Initial determination to proceed on charge. Upon receipt of a formal complaint, and following such investigation as he considers appropriate, the Dean determines whether further proceedings are warranted. If the Dean determines that they are not, the complainant is notified of his or her determination and the charge is dropped. If the Dean determines that further proceedings are warranted, he then prepares in writing a formal statement of the charge for service upon the person charged. the accused.

2. Disqualification of the Dean by reason of previous counseling of student charged. In any case in which a formal complaint is made to the Dean in respect of a matter as to which the Dean has previously counseled with the student, either upon his or her own or the students initiative, the Dean is disqualified to participate administratively in the disciplinary proceeding. The Dean may decide that the matter can best be handled by the Honor Council. In such case the complaint shall be referred directly to the Student Solicitors. The Student Solicitors thereupon make determination, based upon such investigation as they deem appropriate, whether further proceedings are warranted. If they determine that they are not, they notify the person making the complaint of their determination and proceed no further. If they determine that further proceedings are warranted, they then prepare in writing a formal statement of the charge for service upon the person charged. In such cases the Dean may not testify before the Honor Council upon his or her own initiative, nor be required to testify, against the person charged.

3. Formal statement of charges. The formal statement of charges sets forth the nature, time and place of the alleged violation. It is to be served on the person charged promptly and in any event within ten days after receipt of the complaint by in-hand delivery or by registered mail to the last known college-recorded address if in-hand delivery is impossible. In the case of in-hand delivery, a defense advisor may be present. In cases where the Dean is not disqualified, the statement of charge is accompanied by written notification of a date, time and place for administrative conference with the Dean, which date shall not be less than two or more than ten days after the date of service. The student may on his or her own initiative waive this requirement. In cases where the Dean is disqualified, or has decided that the matter can best be handled by the Honor Council, the statement of charge is accompanied by written notification of a date, time and place for hearing before the Honor Council, which date shall not be fewer than three nor more than ten days from the date of service of notice. At the discretion of the Dean, official college vacations, holidays, or weekends may be counted as part of the time limits specified for dealing with any case. However, the Dean may exclude any such periods in their entirety, including summer vacations, at the request of any person involved in the case or at the Dean's own discretion. In order to expedite disposition of a matter, any person charged may, in writing, waive any of the minimum periods required in this section to elapse between notice and the holding of any hearing provided in this section.

4. Deferral to criminal prosecution; stay of proceedings; effect. In any case where the violation charged would also involve violation of state or federal criminal law, the Dean may (but need not) determine that its gravity and complexity make initial College disciplinary proceedings inappropriate or ineffectual. In such case, he notifies the person charged at the preliminary conference; stays further disciplinary proceedings; and refers the person making the complaint to the appropriate state or federal agency. When the Dean stays disciplinary proceedings in deference to criminal proceedings; (a) no disciplinary sanction is imposed against the person charged until the disciplinary proceedings are re-instituted and a violation is found; but (b) the award of any degree may be held in abeyance pending disposition of the criminal proceeding. If the criminal proceeding results in conviction or plea of guilty or nolo contendere, the Dean may in his discretion refer the matter for imposition of a disciplinary sanction to the Honor Council or the Judicial Committee. If the matter is referred to the Honor Council it proceeds in accordance with the procedure set forth in Part III, Section F for the imposition of sanction, the fact of violation being considered established by the result of the criminal proceeding.

5. Procedure at the Dean's administrative conference. Unless the Dean stays disciplinary proceedings in deference to criminal proceedings, he or she proceeds with the administrative conference. The Dean warns the person charged at the outset of the conference: (1) that anything he or she says may be used against him or her in the disciplinary proceedings; and (2) that it may also be used against him or her in any related criminal proceedings, though the College will as a matter of policy seek to claim evidentiary privilege in respect of communications with its students in disciplinary proceedings. The accused shall then be given the following options: (a) to admit to the violation charged and to submit to an administrative imposition of sanctions by the Honor Council for Honor Code violations or by the Judicial Committee for other Code of Responsibility violations within a range specified in this Code of Disciplinary Procedure Part II, Section A or (b) to decline to admit to the violation, and have the charge referred for disposition to the Honor Council with power in that body to invoke sanctions within the entire range; (c) in either case, to appeal the imposition of sanction to the Review Board, for review of the sanction alone in the case of administrative action, for review of the sanction and the determination of violation in the case of Honor Council action. The election of the accused shall be recorded in writing over his or her signature.

6. Procedure for administrative disposition of an admitted violation. If the accused elects option (5.a), the accused shall meet with the Honor Council for Honor Code violations or with the Judicial Committee for all other Code of Responsibility violations. The Judicial Committee will be composed of the Dean or an Assistant Dean, who shall act as Chair, a faculty member randomly chosen from the Student Conduct Council and three students randomly chosen from the Honor Council.

The Committee shall give the accused the opportunity, within reasonable bounds, to present evidence in mitigation or extenuation of the violation admitted. Upon request the Committee may continue the conference from time to time for this purpose.

6a. Following the conference, the Committee in its discretion may impose any of the sanctions specified in this document or may dispose of the charge without imposing any formal sanction. The sanctions of suspension for a definite time and indefinite suspension, involving loss or interruption of educational opportunity, are appropriate when the violator's continued membership in the college community is judged to be fundamentally at variance with:

The integrity of the college's educational mission
The best interest of the individual
The best interest of the community

In order to impose the sanction of indefinite suspension, all members of the Judicial Committee sitting on the particular hearing must concur with the imposition of an indefinite suspension. A majority vote is required to impose any other sanction. Any sanction imposed is subject to review as provided in Part III, Section G.

7. Notice of action. The Chair of the Judicial Committee may notify the accused orally at the conclusion of the Judicial Committee hearing of its disposition of the matter, or may defer giving notice for a period not exceeding two days. In either event, the Chair shall not later than three days after completion of the conference, give the accused a written Notice of Action, which shall specify with clarity any sanction imposed.

8. Record for review. The Chair shall promptly prepare a written digest of proceedings as a result of which a sanction is imposed. He or she shall send a copy of this digest to the accused within five days following completion of the conference. On written request by the accused, received by the Chair at least one day prior to the hearing, a verbatim record, as by tape recording, shall also be prepared,

9. Procedure when person charged declines to admit to the violation. If the person charged elects option (5.b), the Dean shall forthwith terminate the conference and refer the charge to the Student Solicitors for presentation to the Honor Council in accordance with the procedures described in Part III, Section F. Referral consists of transmittal of a copy of the formal charge plus any items from his files deemed appropriate by the Dean. The Student Solicitors thereupon prepare and present a charge to the Honor Council for determination in accordance with the procedures provided in Part III, Section F.

10. Student Organization. The Dean has the power of hearing cases involving student organizations which violate the Honor Code, the Code of Responsibility or duly promulgated college regulations. Sanctions against organizations may include but are not limited to those listed in Part II, Section A. Appeals from any determinations of a violation by an organization or sanction shall be the same as those for an individual.

D. Organization and Function of Honor Council

1. Organization. The Honor Council is composed of thirty students: twelve seniors, twelve juniors,six sophomores, and three freshmen elected at large from the student body. The Council elects its own chair and secretary to serve one-year terms. The secretary of the Council shall be responsible for assigning members to a hearing on a rotating basis to insure that, so far as it is practicable, all serve an equal number of times. The hearing panel, in addition to the chair, shall be composed of six members of the Council to hear individual cases brought before it. Each panel shall be composed of at least three senior or junior students, and two sophomore or first year students

2. Function and Authority. The function of the Honor Council is to hear and determine all charges of violation presented to it by the Student Solicitors on referral from Dean under the provisions of Part III. However, the Honor Council shall not have jurisdiction to hear or determine cases that include allegations of Sexual Misconduct, over which the Sexual Misconduct Board has jurisdiction.

3. Procedures. The procedures of the Honor Council are as prescribed in Part III, Section F.

E. Student Solicitors and Student Defense Advisors

1. Student Solicitors. The Student Solicitors are seniors elected at large by the student body. They perform the functions provided for the office in this Code of Disciplinary Procedures. The Student Solicitors, in consultation with the Dean, may appoint other students to serve with them as an investigating committee. The Student Conduct Council shall ratify these appointments. These students shall not serve as Solicitors but as investigators under his/her direction.

2. Student Defense Advisors. The Student Defense Advisors are seniors elected at large by the student body. They will advise and assist any person accused of a violation of the Honor Code, Code of Responsibility or College regulations who desires their service. The Defense Advisors will report immediately to the Honor Council a violation of the Honor Code if the Defendant confesses such to them.

3. Replacement of Resigned Student Solicitors and Defense Advisors. If a Student Solicitor or Defense Advisor submits a written resignation to the Dean of Students or becomes unable to continue his or her term, the Dean of Students shall notify the Chair of the Honor Council. The Chair of the Honor Council, in consultation with the remaining Student Solicitors and Defense Advisors, shall nominate a junior or senior class member on the Honor Council to fill the remainder of the unexpired term. The nomination will be submitted to the Student Conduct Council for ratification

F. Hearing Procedures before Honor Council

1. Setting the hearing. Promptly upon receipt of referral of a charge from the Dean, the Student Solicitors shall notify the Secretary of the Honor Council of its receipt. The Secretary then promptly confers with the Solicitors, the accused, and the Defense Advisors in order to ascertain the earliest practicable date for hearing, taking into account the time required for adequate preparation. The Secretary then sets a hearing time, date, and place, dockets it on the Council records and gives written notice of the setting to the members of the Honor Council panel who are to hear the case, the Solicitors, the person charged and the Defense Advisors. Notice to the accused shall be served by in-hand delivery, or if that is impossible, by registered mail. The hearing date shall be not less than three nor more than ten days from the date of service of notice upon the accused. The accused may on his own initiative waive the three-day limit.

2. When accused appears. The accused may appear at the hearing personally or be represented by a student representative, as authorized by the accused in writing. The Student Defense Advisors may represent the accused. The hearing shall proceed as follows:

(1) The Student Solicitors read the statement of charge. The Chair asks the accused whether he or she admits to the substance of the charge, or declines to admit it.

(2) If the accused or his representative admits to the substance of the charge, he or she may then make any statement he or she desires in mitigation or extenuation, and may present a reasonable number of witnesses in substantiation of his statement. The Solicitors and Council members may ask questions of such witnesses. The Solicitors may then make a statement in respect to the sanction to be imposed and may present a reasonable number of witnesses to substantiate their statement, who may be questioned by the defense and members of the Council. Closing statements may be made by the Solicitors followed by the accused or his or her representative. The Council shall then go into executive session to consider and determine the sanction, if any, to be imposed.

(3) If the accused, or his or her personal representative, declines to admit to the substance of the charge, the Council proceeds to hear evidence as to the matter in dispute, normally in the following order:

•  evidence in support of the charge presented under the direction of the Solicitors: witnesses may be questioned bythe defense and the Council;
•  evidence in answer, under direction of the defense: witnesses for the defense may be questioned by the Solicitors and the Council;
• the Council may call or recall any witnesses;
• rebuttal evidence, under direction of the Student Solicitors: witnesses may be questioned by the defense and the Council;
• rebuttal evidence, under direction of the defense: witnesses may be questioned by the Solicitors and the Council.Closing oral arguments may then be made by the accused or his or her representative, followed by the Solicitors. The Honor Council then determines in executive session whether a violation has occurred. The hearing resumes, at which time the Solicitors may suggest a sanction and the defense may present any mitigating circumstances in regard to the suggested sanction. The Honor Council then goes into executive session to determine sanction.

3. When accused does not appear. If the accused does not appear personally and is not represented by an authorized student representative at the hearing, the fact that the person charged has been duly notified shall be verified. If it is determined that he or she has not, the hearing is adjourned and the procedures revert to setting and notification of a rescheduled hearing. If it is determined that due notice was given, the hearing proceeds as follows:

(1) the Solicitors read the statement of charge;

(2) the Solicitors present witnesses and other evidence in support of the charge;

(3) the Solicitors make closing statements. The Honor Council then determines in executive session whether a violation as charged occurred and what sanction, if any, to impose.

4. Notice of Action. The Honor Council may inform the accused orally of its disposition of the charge following its determination, or it may defer giving any notice for a period not to exceed two days from formal closing of the hearing. In any event, the Secretary of the Council shall, not later than three days from formal closing of the hearing, give to the accused a written Notice of Action.

5. General rules of procedure; rights secured to accused.

i. General conduct of hearing. The Chair of the Honor Council presides and makes all rulings in respect of questions and of practice, evidence and procedure, and controls, by recognition, the participation of members of the Council and others in the hearing. The Council, by majority vote, may adopt specific rules of order for the conduct of its hearings and other deliberations, but these shall not abridge any of the general rules or rights secured to the accused as herein provided.

ii. Quorum for hearing; panels. Six members of the Council constitute a quorum for the conduct of any hearing. By direction of the Chair, the Council may sit simultaneously in multiple panels of six. In such case the Chair shall appoint a presiding chair of the panels on which he or she does not sit.

iii. Evidence. No attempt shall be made to apply technical legal rules of evidence. In general, any evidence, whether oral testimony or documentary, which is considered by the Chair to be relevant to the charge or defense should be received subject to the power of the Chair to exclude frivolous, repetitive or merely cumulative testimony. Hearsay evidence (testimony by a witness to what a person not present at the hearing stated) should be received and evaluated with caution, since no opportunity ordinarily exists to question the absent person. Circumstantial evidence can receive the same consideration as direct evidence. Objections to evidence are ruled upon by the Chair alone.

iv.  Burden and standard of proof; number of Honor Council required to determine violation. No Council member should vote to find that the person charged was in violation as charged unless on weighing all evidence the proof of violation is clear and convincing. No council member should consider any evidence of violation not brought out in the hearing itself. Council members may properly consider as evidence of violation that the party charged has refused to cooperate in a proper institutional investigation if there is any other evidence to support the charge. Whenever the charge is not admitted, no violation is found unless two-thirds of the Council hearing the matter concurs in finding it.

v. Open or private hearing. The accused shall have the prerogative of choosing that the hearing be open or closed.This choice shall be submitted in writing no less than 48 hours prior to the hearing and shall be considered binding. In the absence of a written request, the hearing shall be closed. The Secretary of the Honor Council shall give public notice of an open hearing. The verdict and sanctions shall be made available to the public within 48 hours of the decision, but not before the accused has been notified of the same. Deliberations of the Honor Council remain strictly confidential. In an open hearing, the Chair reserves the right to dismiss persons whose disorderly conduct is disruptive to the hearing.

vi.  Right to question adverse witnesses. Both the Solicitors and the person charged, and/or the Defense Advisors, shall have the right, within bounds of general relevance, to question adverse witnesses who testify at the hearing. The accused shall not be required to testify against himself or herself, but the Dean or the Honor Council may require other students to testify. The Council may question all witnesses.

vii. Personal support for accused student. An accused student may request additional persons (e.g., family member, minister, lawyer) be allowed to sit in a nearby waiting room during the proceedings of the Honor Council. To facilitate personal support and counsel to the accused, the chair may provide appropriate recesses from time to time. However, such persons shall not be permitted to sit in the hearing room during a closed hearing. Additional students may be permitted in the hearing room during the hearing at the discretion of the Chair; these additional students may not speak during the proceedings.

viii. Provision of record for review. The Secretary of the Council shall prepare a written digest of the proceedings at all hearings, without regard to whether evidence is received on the question of violation, and without any request being made by the accused. The digest of the hearing shall include defense statements of mitigating circumstances. On written request by the person charged to the Secretary of the Council at least one day prior to the hearing, a verbatim record, as by tape recording, shall also be provided.

ix. Pledge of confidentiality and honesty. All students participating in a disciplinary hearing shall pledge (which pledge shall be confirmed in writing) to maintain in confidence all matters presented or discussed at the hearing. All witnesses in a disciplinary hearing shall pledge (which pledge shall be confirmed in writing) to present honest testimony. If the Chair of the Honor Council or the Chair of the Sexual Misconduct Board has reason to believe that a student lies during the hearing, the student may be formally accused of lying.

6. Imposition of sanctions.

(a) Standards. Unless specifically limited by some provision of this document, the Council may consider as possible sanctions in any case where a violation is found or admitted all those sanctions enumerated in Part II, Section A, without regard to the particular violation involved. It should, however, attempt to fairly fit the sanction to the violation seen in total context. Thus, a fairly severe sanction might appropriately be imposed for a relatively minor violation which has been persistently repeated despite formal warning while a relatively minor sanction might appropriately be imposed for a serious violation where substantial extenuation is shown. The sanctions of suspension for a definite time and indefinite suspension, involving loss or interruption of educational opportunity, are appropriate only when the violator's continued membership in the College community is judged to fundamentally be at variance with:

• The integrity of its educational mission
• Pose a specific threat to his or her own emotional health
• The minimal internal order of the community.

(b) Number of Honor Council required to impose particular sanctions. In order to impose the sanction of indefinite or definite suspension, all members of the Council sitting on the particular hearing must concur with its imposition. Two-thirds concurrence is required to impose any other particular sanction.

7. Finality of determination by Council; failure by Honor Council to make determination in referred case.

(a) Finality. Determination by the Council, both as to the fact of violation and as to the sanction to be imposed, are finally dispositive of the disciplinary proceeding, subject only to the right of the person charged to appeal as provided in Part III, Section G.

(b) Effect of failure by Council to determine referred case. A failure of the Council to make a determination in a case within 30 days after its formal referral by the Dean to the Student Solicitors constitutes a re-referral of the matter to the Dean. On re-referral, if the fact of the violation is admitted to, the Dean shall refer it to the Judicial Committee for sanctioning as provided in Part III, Section A. If the fact of the violation is not admitted to, the Dean shall refer it to the Judicial Committee for a hearing, determination of violation or non-violation, and impose sanctions as provided in Part II, Section A of the Code of Disciplinary Procedures.

8. Student Organizations. The Honor Council has the power to hear cases and impose sanctions involving student organizations that violate the Honor Code, the Code of Responsibility or duly promulgated College regulations. The sanctions against organizations may include but are not limited to those listed in Part II, Section A. Appeals from any determination of a violation by an organization or sanction shall be the same as those for an individual.

G. Appeal Procedures from Decisions of the Judicial Committee or the Honor Council
1. Appeals from the Dean and Honor Council
From any determination of a violation or the imposition of any sanction by the Judicial Committee or the Honor Council, the appellant may appeal to the Review Board.
2. Review Board; composition and organization; quorum
The Review Board, all of whom shall be voting members, consists of three (3) faculty members selected for staggered three-year terms by the faculty according to the procedure set up for faculty committee membership and two (2) students who are elected at large by the student body. One junior shall be elected each year to serve for two years. The Review Board shall elect one of the faculty members as chair, and one of the students as secretary. While five (5) members present are preferred, three (3) members, including at least one (1) student member, of the Review Board constitute a quorum for hearing and determination of appeals. The Secretary of the Honor Council shall be present with the Review Board without vote, when an appeal from the Honor Council is being heard. If the Secretary of the Honor Council is unavailable, then the Secretary will designate a member of the panel which heard the case to be present. The Dean of Students or designee shall be available to provide clarification of any issues during a Review Board hearing for Judicial Committee appeals.
3. Method of Appeals to Review Board
Appeals to the Review Board are made by giving written notice of appeal to the Dean of Students, as the case may be, within five (5) days after receipt by the appellant of Notice of Action by the Dean of Students or the Honor Council. All appeals to the Review Board shall specify exactly why the appeal is being made and shall be limited in scope to the matters set forth in Part III, Section G, Number 5(b), i.e., why the evidence upon which the person was found guilty was not clear and convincing, whether substantial prejudicial errors in procedures existed or why the sanction was inappropriately severe. A copy of the formal Notice of Action should be attached.
4. Record of appeal
The Review Board shall hear an appeal based solely on the record of proceedings of the Judicial Committee or the Honor Council. It shall not receive any new evidence. It shall, however, be permitted to consider arguments and written materials regarding alleged procedural errors. In the case of appeal from the Honor Council or from the Judicial Committee, the record consists of the Notice of Action, the digest of proceedings, and, where it has been timely requested, a tape recording of the proceedings. The responsibility for preparation and transmittal to the Review Board of the record is with the Chair of the Judicial Committee in appeals from the Judicial Committee and with the Secretary of the Honor Council in appeals from its action. The digest shall be available to the members of the Review Board no less than 24 hours before the commencement of the Review.
5. Consideration of appeal; scope of review
a) Consideration of appeal
The Review Board shall consider the appeal solely on the record. It shall not receive any new evidence. It may permit written briefs, oral arguments, or both, by the appellant and the Student Solicitors or the Dean upon their requests. Such briefs and arguments shall be confined to matters properly to be considered by the Review Board within the scope of its review defined in (b) of this subsection 5.
b) Scope of review
Review of the finding of violation is confined to the questions: (1) whether there is clear and convincing evidence in the record to support the finding; (2) whether the hearing was free of substantial error prejudicial to the person charged under the prescribed procedures; and (3) whether the sanction imposed is essentially appropriate in light of the seriousness of the violation.
6. Determination of appeal; Notice of Action
a) Determination
All the members of the Board sitting on an appeal shall together hear such oral arguments as they are received, and the Board shall reach decision in executive conference of all those sitting on the appeal. A majority of those sitting on the appeal voting together determine the action on the appeal both in respect of the finding of violation and of the imposition of sanction. A different majority may determine the action in respect of each. Decisions shall be rendered within fifteen (15) days after receipt of the record of appeal, unless, for extraordinary reasons shown by the appellant or the Student Solicitors, the time is extended to allow more time for presentation.
b) Notice of Action
Written Notice of Action taken on appeal shall be given by the Secretary of the Board to the appellant no later than two (2) days after a decision is reached in conference. The Secretary shall prepare a written digest and the official notice of action of the Review Board.
7. The Review Board will follow a standard procedure in its hearings
i. The appeal will come in writing stating clearly the issues to be raised. Solicitors will have time to read the appeal and to prepare a written response that shall be made available to the defense prior to the meeting of the Review Board.
ii. The Review Board will meet in executive session to read the appeal and review the digest of the Honor Council or the Judicial Committee.
iii. The Secretary of the Honor Council or the Dean of Students, the Solicitors, the appellant, and the Defense Advisors (if requested by the accused) will then be admitted. No other witnesses, including character witnesses, may appear.
iv. The appellant or his/her representatives will read the appeal. Review Board members may then ask any questions about the nature of the appeal and the particular evidence to support it. Issues involving evidence not previously heard by the Honor Council shall not be considered. (The appellant may read a statement on his or her behalf, but raising only those issues appropriate to be heard by the Review Board.)
v. The Solicitors shall make their response to the appeal. They also shall be questioned by the Review Board if necessary.
vi. The Secretary of the Honor Council shall be available to provide clarification of any issues. If the Secretary to the Honor Council is unavailable, then the Secretary will designate a member of the panel, which heard the case to be present.
vii. The Dean of Students, or designee, shall be available to provide clarification of any issues during a Review Board hearing for judicial appeals.
viii. The Review Board shall meet in executive session to discuss the case and to reach its decision. The Secretary of the Review Board shall prepare the digest of the hearing. The digest shall be available to the President of the College in the case of a subsequent appeal.
ix. The Secretary of the Review Board will inform the accused of its decision with the Notice of Action within two days. The Secretary will also inform the Chair of the Review Board, Defense Advisors, the Dean of Students, The Dean of Student's Executive Assistant and the Secretary of the Honor Council of the decision of the Review Board.
8. Action available to Review Board
The Review Board may on the basis of its review of the record and its consideration of any briefs and statements received;
a) affirm both the finding of violation and the sanction imposed;
b) remand for re-hearing if it determines that substantial error prejudicial to the person charged on the question of violation was committed at the hearing;
c) reverse and dismiss the charge if it determines that there is not substantial evidence on the record to support a finding of violation;
d) affirm the finding of violation, but reduce the sanction to one deemed more appropriate than that imposed; or
e) where violation was admitted, reduce the sanction to one deemed more appropriate.
9. Finality of action of Review Board
The action of the Review Board is finally dispositive of the disciplinary proceeding, except in cases of remand, and except for the right of the person charged to appeal to the President in the cases provided in subsection 10 following.
10. Appeal to the President
In cases where in the Review Board affirms the imposition of a sanction of indefinite or definite suspension, the appellant may appeal the imposition of a sanction to the President of the College. Notice of Appeal must be given in writing to the President and to the Secretary of the Review Board within five (5) days after receipt of the Review Board's Notice of Action. Review is solely on the record on appeal before the Review Board, plus any written brief filed with the Review Board by the appellant. The President may, in conference with the appellant, hear and consider oral argument. Review by the President is confined solely to the question of the appropriateness of the sanction in total context. The President shall ordinarily reach a decision and give formal written Notice of Action within ten (10) days after receiving the Notice of Appeal. The President may affirm the imposition of sanction by the Review Board or reduce it to one deemed more appropriate. The action of the President is finally dispositive of the disciplinary proceedings.
11. Stay of sanction pending appeals
The imposition of sanction is stayed following action by the Judicial Committee, Honor Council, and the Review Board for the periods during which Notice of Appeal may be given following their respective actions, and thereafter until the matter has been finally disposed of within these procedures. If upheld on appeal, a sanction of definite or indefinite suspension shall be effective as of the date imposed by the Honor Council or Judicial Committee. If the appellant appeals the sanction of probation, the term of the probationary period will begin after the appeal procedure has been completed if the sanction is upheld. Should the appellant be a senior and the length of the probationary period extend beyond the date of commencement, that student shall not be eligible for a degree until the end of the probationary period. (See Code of Disciplinary Procedures, Part II, Section A. Range of Permissible Sanctions, Item 13 regarding out of classroom restrictions on a student receiving a sanction of suspension.)
12. Petition for readmission.

A student who has been suspended for an indefinite period may petition in writing for readmission to the Faculty Executive Committee. This petition will be submitted through the Dean of Students Office. The Faculty Executive Committee may, when possible, consult with members of the Honor Council and Judicial Committee who heard the student's case.

13. Suitability of student members.

All student candidates for the Review Board, the Student Solicitors, and the Student Defense Advisors must be interviewed by a committee of the Student Conduct Council. This committee will be composed of the Dean of Students, two faculty/staff members, two student members of the Student Conduct Council, and two members of the Honor Council, one of whom shall be the Chair. The committee will seek to determine the suitability of candidates as to their appreciation of the Honor Code and Code of Responsibility, their willingness to suspend students found guilty of violations, and their seriousness of purpose. The committee shall certify candidates for these offices before they stand for election.

Campus Police x2178
Dean of Students Office x2225
Student Health & Counseling x2300
Chaplain's Office x2423

For information about the confidentiality of resources, see Sections B.2 and E.2 of this policy.

B. Reporting Sexual Misconduct
1. How to Report. If you are the victim of sexual assault, sexual harassment, or other Sexual Misconduct, you are encouraged to report the incident immediately to the Dean of Students (x2225) and/or the Campus Police (x2178). In an emergency, dial 911 to contact Campus Police.
Moreover, as a recipient of Federal funds, Davidson College is required to comply with Title IX of the Higher Education Amendments of 1972, 20 U.S.C. § 1681 et seq. ("Title IX") which prohibits discrimination on the basis of sex in education programs or activities. Sexual Misconduct is a form of sex discrimination prohibited by Title IX.

Davidson College has designated an Associate Dean of Students to serve as a Title IX Coordinator to oversee compliance with Title IX. All incidents of Sexual Misconduct involving students that are reported to the College will be reviewed by the Title IX Coordinator in the Dean of Students Office.

While students are encouraged to report incidents of Sexual Misconduct directly to the Dean of Students Office and/or the Campus Police, students may report a Sexual Misconduct incident to any member of the Davidson College faculty or staff. Reports made to Davidson College faculty or staff (including Residence Life student staff members) of incidents of Sexual Misconduct involving students will be referred to the Title IX Coordinator in the Dean of Students Office for assessment and will be reported to the Campus Police for Clery Act reporting purposes.

2. Confidential and Anonymous Reports. If a student requests confidentiality when making a report, the College will take all reasonable steps to respond consistent with the request for confidentiality. Reports made directly to the College Chaplain or to the counselors and doctors at the Student Health Center are protected by confidentiality laws, will remain strictly confidential, and will not be referred to the Title IX Coordinator in the Dean of Students Office or to the Campus Police without the consent of the student. All other reports, including reports to the Student Health Educator, faculty, staff, coaches, and to Residence Life student staff members, will be referred to the Title IX Coordinator in the Dean of Students Office for assessment and will be reported to the Campus Police for Clery Act reporting purposes. To the extent possible, the College will respect a student's request to remain anonymous and to keep the details of the report confidential. Refer to Section E.2 below for additional information about confidentiality.

C. Jurisdiction

This Sexual Misconduct Policy applies to the on-campus conduct of all students. It also applies to off-campus conduct of students that, in the College's judgment, involves or affects the College or other members of the College community, such as conduct in connection with:
1. Academic work or other Davidson-related educational activities and experiences, such as class projects, field trips, study abroad, or internships;
2. Activities sponsored, conducted, or authorized by the College or its student organizations; or
3. Activities that cause or threaten harm to the health, safety, well-being, or property of the College or members of the College community, including the student him- or herself.

This Sexual Misconduct Policy applies to all such conduct by a student while a student, even if it occurs outside of an academic term or when the student is not otherwise enrolled at Davidson College. Moreover, the College continues to have authority to administer the Sexual Misconduct Policy with respect to any such conduct by a student while a student even if the student subsequently graduates, withdraws, takes leave, or is otherwise absent from Davidson College, and even if the College does not learn of such conduct until after the student graduates, withdraws, takes leave, or is otherwise absent from Davidson College.

D. Options for the Reporting Person ("Complainant")

Persons, including students, who are victims of Sexual Misconduct by a student, may elect to take the following actions:
1. File a criminal report with Campus Police. Campus Police will discuss with the victim the possibility of conducting a criminal investigation.
2. File a formal complaint with the Dean of Students Office, to request that the incident be adjudicated by the Sexual Misconduct Board pursuant to the procedures set forth in this Policy.
3. Pursue informal mediation of the complaint conducted by staff of the Dean of Students Office in appropriate cases. Informal mediation is never appropriate in cases involving allegations of sexual assault. Both the Complainant and Accused must agree to engage in informal mediation, and either party can end the informal mediation process at any time, for any reason. Students must understand that anything said in this informal mediation process may be used in either criminal proceedings or formal adjudication by the Sexual Misconduct Board. The Dean of Students has the discretion to determine if it would be inappropriate to informally mediate any particular Sexual Misconduct complaint.

Students who elect not to pursue any of the above options may nonetheless do any of the following:
1. Seek counseling.
2. Request a rearrangement of class schedule or housing.
3. Request a no-contact order.
4. Request the Dean of Students address the Complainant's concerns with the Accused.

E. College Investigation of Sexual Misconduct Reports

The College is committed to taking appropriate action to resolve incidents of Sexual Misconduct and to ensure a safe and non-hostile environment for all students. The College strongly encourages all students to report incidents of Sexual Misconduct and will not tolerate any form of retaliation for reporting. Statistics indicate that most sexual assaults are committed by repeat offenders. The College is severely limited in its ability to investigate and address sexual assault on campus without student cooperation and information.

1. Nature of the College's Inquiry

The College will undertake an appropriate inquiry with all reports of alleged Sexual Misconduct involving students, regardless of whether the person making the complaint wishes to pursue resolution of any kind. The specific steps in the College's inquiry will vary depending on the nature of the allegations; the information available to the College; whether the person complaining of the Sexual Misconduct (the "Complainant") elects to pursue criminal charges, files a formal complaint with the Dean of Students, or requests the College not to pursue action; and other factors.

As a general rule, the College will not conduct an investigation or take any remedial action without first obtaining the consent of the Complainant, and will conduct any investigation and respond to a report consistent with a Complainant's request for confidentiality or request not to pursue action. The College's ability to respond to a Sexual Misconduct complaint, to prevent its recurrence, or to address its effects may be severely limited if the Complainant requests confidentiality, does not provide the name of the alleged perpetrator, or asks that the report not be pursued.

2. Requests for Confidentiality/Not to Pursue Investigation.

In cases where the Complainant requests confidentiality or requests the College not to pursue an investigation, the Title IX Coordinator in the Dean of Students Office or his or her designee will conduct a preliminary assessment into the alleged Sexual Misconduct and may weigh the Complainant's request against the following factors: the seriousness of the alleged Sexual Misconduct; the Complainant's age; whether there have been other complaints or reports of Sexual Misconduct against the same accused student; and the accused student's right to receive information about the allegations if the information is maintained by the College as an "education record." The Title IX Coordinator in the Dean of Students Office may determine that, in the interest of providing a safe and nondiscriminatory environment for students, it is necessary for the College to act on information it has received.

In cases where the Complainant files a formal complaint, the College cannot keep the Complainant's identity from the accused student. Sexual Misconduct is a serious offense and the accused student has the right to know the identity of the Complainant/alleged victim. However, the college will provide options during the hearing before the Sexual Misconduct Board for questioning without confrontation, including using a room divider, using separate hearing rooms, or using technology such as Skype.

3. Interim and Non-Disciplinary Measures

Upon receiving a report and making the appropriate inquiries, and regardless of whether the Complainant wishes to pursue criminal charges, a formal complaint with the Dean of Students, informal mediation (where appropriate), or no resolution of any kind, the Dean of Students may take interim and non-disciplinary measures before the final outcome of an investigation or hearing, if any. These interim and non-disciplinary measures include, but are not limited to, a no-contact order, alteration of class schedules or housing arrangements, meeting with the accused student to address the concerns of the complainant, or interim suspension as described in the Extraordinary Disciplinary Powers of the President.

F. Rights of the Student Parties

Being charged with Sexual Misconduct is both serious and difficult. A student who has been charged with a Sexual Misconduct complaint is strongly encouraged to confer with the Dean of Students to learn about Sexual Misconduct policies and procedures.

Rights of the Student Parties
Any student who is a Complainant or Accused Student in a disciplinary proceeding before the Sexual Misconduct Board shall be afforded the following rights:

• Accused students shall be informed in writing of the charges against them. Both the Complainant and the Accused students shall be provided with copies of Pre-Hearing materials and shall have adequate time to prepare for a hearing (See specified times in Sections H-I below).
• At their request, Complainant and Accused students shall not be required to take any reviews or examinations between the time the Dean of Students delivers the charging statement and two days after the Notice of Action is delivered by the Sexual Misconduct Board.
• Accused students shall be assumed "not responsible" until proven "responsible" by a preponderance of the evidence.
• Students shall have a fair and equitable hearing, with a presumption that the Accused student is not responsible for the charges until proven otherwise.
• Accused students shall not be required to testify against themselves, but the Sexual Misconduct Board may require other students to testify against them.
• Accused students shall not suffer an excessive penalty.
• No evidence obtained in violation of a right to privacy shall be admitted.
• No pressure shall be placed on Accused students to confess or incriminate themselves.
• Students shall not be restrained in any manner from the full exercise of their rights on appeal.
• Students have the right to be present during the hearing and to be advised of the sanctions imposed (See specific privacy provisions in Section L below).
• Students shall have access to support from the counseling center staff and the college chaplain's office.

Any student who is a Complainant or Accused Student in a disciplinary proceeding before the Sexual Misconduct Board also has all of the rights described in the hearing and appeal procedures set forth below.

G. The Sexual Misconduct Board

1. Organization. The Sexual Misconduct Board (the "Board") comprises six professional staff, ordinarily from the Student Life division appointed by the Dean of Students, one of whom will act as chair and secretary (the "Chair"); six faculty members (three of which shall be appointed by the President (for three years, renewable) and three of which shall be elected by the faculty in accordance with their bylaws); and six members of the Honor Council selected by the Dean and the Chair of the Honor Council.

2. Hearing Panels. From the Board, a panel of six persons will be convened to hear each case. Typically, the panel will include the Chair, two faculty members, two Honor Council members, and two staff representatives (in addition to the Chair). Upon written request to the Dean of Students by either the Complainant or the Accused, the panel will not include members of the Honor Council. In that case, the panel will include the Chair, three faculty members and three staff representatives (in addition to the Chair). The Chair shall preside over the hearing but shall not have a vote in the deliberations.

3. Function and Authority. The Board's purpose is to hear cases which include allegations of Sexual Misconduct. The Board is charged with determining whether the Accused is responsible or not responsible for the alleged conduct and determining appropriate sanctions. A hearing before the Board does not preclude subsequent legal action. The Board is empowered to consider any charge under the Code of Responsibility which is linked to a charge of Sexual Misconduct, following the hearing procedures set forth below.

4. Training. Annual training will be provided through the Dean of Student's Office to the Board.

H. Initiating a Sexual Misconduct Complaint Before the Board

1. Filing a Formal Complaint. Any student, faculty member, employee, or guest of the College may file a formal Sexual Misconduct complaint against a student. The Complainant must submit a formal statement (the "formal complaint") describing the incident to the Dean of Students.

2. Investigation. Upon receipt of the formal complaint, the Dean of Students will assign a staff member as an Investigator to thoroughly investigate the allegations. Investigators are neutral fact-finders who, during the course of the investigation, typically conduct interviews with the Complainant, the Accused student, and third-party witnesses; visit and take photographs at each relevant site; and, where applicable, coordinate with Campus Police or other law enforcement agencies. The completed investigative report typically will include summaries of interviews with Complainant, Accused, and third-party witnesses; other photographic, electronic and forensic evidence; and a list of facts undisputed by the parties. A typical investigation will be completed within sixty (60) days, if not sooner. Investigators will not communicate with parents of either the Complainant or the Accused student. Parents may call the Dean of Students office with questions about the process; details regarding a specific case will not be shared.

3. Charging Statement. Upon review of the investigative report and in consultation with the Investigator, if the Dean of Students determines the complaint alleges a Sexual Misconduct offense, the Dean shall prepare a statement of charges setting forth the nature, time, and place of the violations, as alleged by the Complainant. The Dean shall provide the charging statement and a copy of the investigative report promptly to the Accused by hand delivery or by registered mail to the last known College recorded address of the Accused if hand delivery is not possible. The Dean also will concurrently provide a copy of the charging statement and the investigative report to the Complainant.

4. Accused's Response to Charging Statement. Within five days of receipt of the charging statement, the Accused may submit a formal written response to the Dean of Students. In the event that the charging statement includes other charges under the Code of Responsibility that are linked to Sexual Misconduct, the Accused may include in his or her formal written response a request that those other charges be adjudicated by the Judicial Board separately from the hearing on the Sexual Misconduct charge(s).

5. Preparing for Hearing. Upon receipt of the Accused's response or lapse of the five-day response period, the Dean of Students shall concurrently provide copies of the "Pre-Hearing Materials" (including the formal complaint, the charging statement, the investigative report, and the Accused's response, if any) to the Complainant, the Accused, and the Chair of the Board in preparation for a hearing.

6. Composition of Panel. Within three days of receipt of the Pre-Hearing Materials, either the Complainant or the Accused may submit a written request to the Dean of Students that the hearing panel not include members of the Honor Council. Such a request made by either party will be honored. The Dean of Students shall forward any such request promptly to the Chair, who will compose the panel without members of the Honor Council.

7. Multiple Accused Students. In the event the complaint involves more than one accused student, upon written request to the Dean of Students by any of the accused students within three days of receipt of the Pre-Hearing Materials, the hearings concerning each student shall be conducted separately.

I. Preparation for the Hearing

1. Setting the Hearing. Upon receipt of a request regarding composition of the hearing panel or lapse of the three-day request period, the Chair of the Board promptly confers with the Complainant, Accused, and Dean of Students to ascertain the earliest practicable date for the hearing, taking into account the time required for adequate preparation. The Chair then sets a hearing time, date, and place, and dockets it on the Board's records, and gives written notice of the setting to the members of the Board panel who are to hear the case, the Complainant, and the Accused. Notice to the Complainant and Accused shall be served by hand delivery, or if that is impossible, by registered mail. Unless otherwise agreed to by both parties, the hearing date shall not be less than three, nor more than ten, days from the date of service of notice.

2. Distribution of Additional Hearing Materials, if Any. Prior to the hearing (and in any case not less than two days before the hearing) the Dean of Students shall provide to the Complainant, Accused, Chair, and members of the hearing panel additional information pertinent to the case, if any.

3. Witnesses. The Dean of Students will try to arrange the attendance of possible witnesses who are members of the College community, if reasonably possible, who are identified by the Complainant and/or the Accused at least two business days prior to the hearing date. The Dean of Students also may identify and arrange the attendance of possible witnesses based on the Investigator's investigation of the formal complaint.

4. Panel Preparation. To ensure an efficient and thorough hearing, the hearing panel may choose to meet in advance, without the parties present, to prepare for the hearing.

J. Personal Support for the Parties

1. Representatives of the Parties. The Complainant and the Accused each have the right to have one representative attend the hearing. The representative may be selected by the party from a list of approved representatives maintained by the Dean of Students Office, or may be a fellow Davidson student chosen by the party. Parents or lawyers may not act as representatives. The role of the representative is to provide support to the party. The representative does not make statements, present evidence, or call or question witnesses at the hearing.

2. Additional Support for the Parties. The Complainant and the Accused each may request that additional persons (e.g., family member, spiritual advisor, lawyer) be allowed to sit in a nearby waiting room during the proceedings of the Sexual Misconduct Board. To facilitate personal support and counsel to the parties, the Chair may provide appropriate recesses from time to time. However, such persons shall not be permitted to sit in the hearing room during the closed hearing.

K. Hearing Procedures

1. Fair and Equitable Hearing. The College is committed to providing a hearing that is fair and equitable to all parties, with a presumption that the Accused is not responsible for the charges until proven otherwise.

2. Confidentiality. All aspects and phases of proceedings involving the Board shall be strictly confidential, including the investigations, hearings, and appeals. The hearings shall be closed and confidential and any person participating in any aspect of the proceedings must strictly maintain their confidentiality. All persons participating in a Sexual Misconduct hearing shall pledge in writing to maintain in confidence all matters presented or discussed at the hearing.

3. Pledge of Honesty. All witnesses in a Sexual Misconduct hearing, including the parties, shall pledge in writing to present honest testimony. In the event that the Accused student is found to be "not responsible" due to inconclusive evidence, the Complainant will not be subject to disciplinary action for lying on the grounds of filing a formal complaint. Likewise, in the event that the Accused student is found to be "responsible" by a preponderance of the evidence, the Accused will not be subject to disciplinary action for lying on the grounds that the Accused student pled "not responsible." However, if the Chair has reason to believe that a student lies during the hearing, then the student may be formally accused of lying as an Honor Code violation.

4. Role of the Chair. The Chair presides and makes all rulings regarding procedure, evidence, and practice. Formal rules of process, procedure, and/or technical rules of evidence, such as are applied in criminal or civil court, are not used in Sexual Misconduct hearings. The Chair controls, by recognition, the participation of the members of the Board and others in the hearing.

5. Role of the Investigator. The Investigator (designated by the Dean of Students) shall attend the hearing to present evidence and facilitate the questioning of the parties and any non-party witnesses, as set forth in detail below.

6. Rules of Order. The Board, by majority vote, may adopt specific rules of order for the conduct of its hearings and other deliberations, but these shall not abridge any of the General Rules of Procedure or rights secured to the parties as herein provided.

7. Evidence. No attempt shall be made to apply technical rules of evidence. In general, any evidence, whether oral testimony or documentary, which is considered by the Chair to be relevant to the charge or defense, should be received subject to the power of the Chair to exclude frivolous, repetitive, or merely cumulative testimony. Hearsay evidence (testimony by a witness to what a person not present at the hearing stated) should be received and evaluated with caution, since no opportunity ordinarily exists to question the absent person. Circumstantial evidence can receive the same consideration as direct evidence. Objections to evidence are ruled upon by the Chair alone.

8. Reputation and Opinion Evidence. Reputation or opinion evidence of past sexual behavior of the Complainant is not admissible in evidence. Reliable and trustworthy evidence regarding sexual activity between the Complainant and Accused shall be admissible at the discretion of the Chair. Reliable and trustworthy evidence regarding the sexual activity of the Accused, regardless of whether the student was formally charged with a violation of the Sexual Misconduct Policy, may be admissible at the discretion of the Chair if the alleged past conduct is sufficiently similar in nature to suggest a pattern of behavior; provided, however, that evidence of past sexual activity is not admissible if the accused student previously was formally charged and found "not responsible" by the Sexual Misconduct Board.

9. Burden and Standard of Proof. No Board member should vote to find that the person charged is responsible as charged unless on weighing all of the evidence the violation is proven by a preponderance of the evidence. No Board member should consider any evidence of violation not presented in the hearing. Board members may properly consider as evidence of violation that the Accused has refused to cooperate in a proper institutional investigation if there is other evidence to support the charge. Whenever the charge is not admitted, no violation is found unless a majority of the Board hearing the matter concurs in finding it.

10. Provision of Record for Review. The hearing will be taped. The audio tape shall be secured in the Dean of Student's Office and shall be released only for purposes of appeal or under court order or subpoena. Additionally, the Chair shall prepare a written digest of the proceedings at all hearings without regard to whether evidence is received on the question of violation, and without any request being made by the Complainant or the Accused.

11. Confrontation. At the request of the Complainant and to allow for questioning without confrontation, the hearing may be conducted in a room with a room divider or screen, in separate hearing rooms, or with the assistance of technology such as Skype.

12. General Rules of Procedure. The hearing shall proceed as follows:
a. The Chair calls the hearing to order and reviews the rules of procedure for the hearing.
b. The Investigator reads the charging statement. The Chair asks the Accused whether he or she admits to the substance of the charge, or declines to admit it.
c. If the Accused admits to the substance of the charge, the Investigator shall read the investigative report. The Accused may then make a statement in mitigation or extenuation, and may request the Investigator call a reasonable number of witnesses in substantiation of his or her statement. The Investigator may ask questions of the Accused, the Complainant, and/or the witnesses. Questions may be suggested by the Complainant, Accused, or Board members, with such questions directed to the Investigator, who will in turn question the witness. This method is used to preserve the non-adversarial tone of the hearing. Members of the Board may then ask questions of the Investigator. Final remarks may be made by the Complainant followed by the Accused. The Board shall then go into executive session to consider and determine the sanction, if any, to be imposed.
d. If the Accused declines to admit to the substance of the charge, the Board proceeds to hear evidence as to the matters in dispute, normally in the order set forth below.
e. The Investigator gives an opening statement that shall include: (i) any stipulations of fact and facts that are not disputed; (ii) a summary of the policies the Accused is alleged of violating; (iii) a statement concerning the standard of proof; and (iv) a list of witnesses to be called during the hearing and a statement concerning the substance and relevancy of their testimony.
f. The Investigator reads the investigative report and may introduce exhibits.
g. The Complainant and the Accused may provide testimony under the direction of the Investigator, in that order, but neither party is required to make a statement or provide testimony.
h. The Investigator calls non-party witnesses, if any, to testify. If a potential witness identified by the Complainant or the Accused is not called to testify, the Investigator may state the reason why that potential witness is not testifying.
i. Following the statements of each of the Complainant, Accused, and non-party witnesses, the Investigator may ask questions. Questions may be suggested by the Complainant, Accused, or Board members, with such questions directed to the Investigator, who will in turn question the witness. This method is used to preserve the non-adversarial tone of the hearing.
j. The Board may ask questions of the Investigator.
k. Pertinent records, exhibits, and written statements may be accepted as information for consideration by the Board at the discretion of the Chair.
l. The Complainant and the Accused may each make final remarks, in that order, but neither party is required to make final remarks.
m. The Board then determines in executive session by majority vote whether the Accused is responsible for the charge(s). If the Board determines the Accused is responsible, the hearing resumes, at which time the Complainant may suggest sanctions and the Accused may present any mitigating circumstances in regard to the suggested sanctions. The Board then goes into executive session to determine the sanctions, if any, to be imposed.

13. When Accused Does Not Appear. If the Accused does not appear personally, the fact that the Accused has been duly notified of the time and date of the hearing shall be verified. If it is determined that the Accused has not been duly notified, the hearing is adjourned and the procedures revert to setting and notification of a rescheduled hearing. If it is determined that due notice was given, the hearing proceeds without the Accused.

L. Notice of Action.

The Sexual Misconduct Board may inform the parties orally of its disposition of the charges following its determination, or it may defer giving any notice for a period not to exceed two days from formal closing of the hearing. In any event, the Chair shall, no later than three days from the formal closing of the hearing, give to the Accused a written Notice of Action. The Chair shall concurrently give to the Complainant a copy of the Notice of Action, redacted as necessary to comply with the Family Education Rights and Privacy Act ("FERPA") and any other applicable privacy laws.

M. Imposition of Sanctions.

1. Standards. Unless specifically limited by some provision of this document, the Board may consider as possible sanctions in any case where a violation is found or admitted all those sanctions enumerated in Part II, Section A, without regard to the particular violation involved. It should, however, attempt to fairly fit the sanction to the violation seen in total context. Thus, a fairly severe sanction might appropriately be imposed for a relatively minor violation which has been persistently repeated despite formal warning, while a relatively minor sanction might appropriately be imposed for a serious violation where substantial extenuation is shown. The sanctions of suspension for a definite time and indefinite suspension, involving loss or interruption of educational opportunity, are appropriate only when the violator's continued membership in the College community is judged to: (i) fundamentally be at variance with the integrity of its educational mission; (ii) pose a specific threat to his or her own emotional health; or (iii) pose a specific threat to the minimal internal order of the community.

2. Number of Board Required to Impose Particular Sanctions. In order to impose the sanction of indefinite or definite suspension, all members of the Board sitting on the particular hearing must concur with its imposition. Two-thirds concurrence is required to impose any other particular sanction.

N. Finality of Determination by Board

Determination by the Board, both as to the fact of violation and as to the sanction to be imposed, are finally dispositive of the disciplinary proceeding, subject only to the rights of the parties to appeal as provided below.

O. Retaliation

No person shall be subject to restraints, interference, coercion, or reprisal for action taken in good faith to seek advice concerning a harassment or Sexual Misconduct grievance, to file a grievance or to serve as a witness, panel member, or representative in the investigation and hearing of a grievance. Acts or threats of retaliation are a violation of the Code of Responsibility and will be investigated and adjudicated accordingly.

P. Malicious and False Accusations

An allegation which is both false and brought with malicious intent is a violation of the Honor Code and will be investigated and adjudicated accordingly.

Q. Appeal Procedures from Sexual Misconduct Board Decisions

1. Grounds for Appeal. The Complainant or the Accused may appeal to the Review Board (i) any determination of "responsible" or "not responsible" of the accused, and (ii) the imposition of any sanction, by the Sexual Misconduct Board, subject to the scope of review set forth in Section 5, below.

2. Review Board. Appeals from Sexual Misconduct Board Decisions shall be heard by the Review Board. While five members present are preferred, three members, including at least one student member, of the Review Board constitute a quorum for hearing and determination of appeals. If the hearing panel of the Sexual Misconduct Board did not include members of the Honor Council (upon written request of a party), then any appeal of that hearing will be heard solely by the faculty members of the Review Board. In that event, three members of the Review Board constitute a quorum for hearing and determination of the appeal. The Chair of the Sexual Misconduct Board shall be present with the Review Board without vote, when an appeal is being heard. If the Chair is unavailable, then the Chair will designate a member of the Sexual Misconduct Board which heard the case to be present.

3. Method of Appeals to Review Board. Appeal to the Review Board is made by giving written notice of appeal to the Dean of Students within five days after receipt of Notice of Action by the Sexual Misconduct Board. Upon receiving the written notice of appeal, the Dean of Students shall immediately give written notice of the appeal to the Chair of the Sexual Misconduct Board, the Chair of the Review Board, and to the other party to the proceedings. All appeals to the Review Board shall specify exactly why the appeal is being made and shall be limited in scope to the matters set forth in Section 5(b), below. A copy of the formal Notice of Action should be attached.

4. Record of Appeal. The Review Board considers appeals solely on the record of proceedings before the Sexual Misconduct Board. It shall not receive any new evidence. It shall, however, be permitted to consider arguments and written materials regarding alleged procedural errors. In the case of appeal from the Sexual Misconduct Board the record consists of the Notice of Action, the digest of proceedings, and audio tape recording of the proceedings. The responsibility for preparation and transmittal to the Review Board of the record is with the Chair of the Sexual Misconduct Board. The digest shall be available to the members of the Review Board no less than 24 hours before the commencement of the Review.

5. Consideration of appeal; scope of review.
(a) Consideration of appeal. The Review Board shall consider the appeal solely on the record. It shall not receive any new evidence. Upon request, the Review Board may permit oral arguments and/or written briefs, by the student filing the appeal (hereinafter the "Appellant"), the student responding to the appeal (hereinafter the "Respondent"), or the Chair. If the Review Board permits oral argument and/or written brief by the Appellant, it must also permit oral argument and/or written brief by the Respondent. Such arguments and briefs shall be confined to matters properly to be considered by the Review Board within the scope of its review defined in (b) of this subsection 5.
(b) Scope of review. Review of the finding of violation is confined to the questions: (1) whether there is sufficient evidence in the record to support the finding by a preponderance of the evidence; (2) whether the hearing was free of substantial error prejudicial to the Appellant under the prescribed procedures; and (3) whether the sanction imposed is essentially appropriate in light of the seriousness of the violation.

6. Determination of appeal; Notice of Action.
(a) Determination. The Board shall reach decision in executive conference of all those sitting on the appeal. A majority of those sitting on the appeal voting together determine the action on the appeal both in respect of the finding of violation and of the imposition of sanction. A different majority may determine the action in respect of each. Decision shall be rendered within fifteen days after receipt of the record of appeal, unless for extraordinary reasons shown by the Appellant or Respondent, the time is extended to allow more time for presentation.
(b) Notice of Action. Written Notice of Action taken on appeal shall be given by the Secretary of the Board to the Appellant not later than two days after a decision is reached in conference. The Secretary shall concurrently give to the Respondent a copy of the Notice of Action, redacted as necessary to comply with FERPA and any other applicable privacy laws.
(c) The Secretary shall prepare a written digest of the action of the Review Board.

7. The Review Board will follow a standard procedure in its hearings
(a) The appeal will come in writing stating clearly the issues to be raised. The Respondent will have time to read the appeal and to prepare a written response that shall be made available to the Appellant prior to the meeting of the Review Board.
(b) The Review Board will meet in executive session to read the appeal, the response, any briefs permitted by the Review Board, and to review the digest of the Sexual Misconduct Board.
(c) The Chair of the Sexual Misconduct Board, the Investigator, Appellant, Respondent, and the party's representatives (as that term is defined in Section J.1 of the Sexual Misconduct Policy), if requested by the parties, will then be admitted. No other witnesses, including character witnesses, may appear.
(d) Review Board members may then ask any questions about the nature of the appeal and the particular evidence to support it. Issues involving evidence not previously heard by the Sexual Misconduct Board shall not be considered. The Review Board may ask questions of the Appellant, Respondent, Chair, and/or Investigator.
(e) The Review Board shall meet in executive session to discuss the case and to reach its decision. The Secretary of the Review Board shall prepare the digest of its deliberations. The digest shall be available to the President of the College in the case of a subsequent appeal.
(f) The Secretary of the Review Board will inform the Appellant and Respondent of its decision with the Notice of Action within two days. The Secretary will also inform the Dean of Students, and the Chair of the Sexual Misconduct Board of the decision of the Review Board.

8. If the Appeal is Upheld
If an appeal is upheld by the Review Board, the matter shall be returned to the Sexual Misconduct Board and the Dean of Students for re-opening of the Sexual Misconduct Board hearing to allow reconsideration of the original determination and/or sanction(s), as appropriate.

9. If the Appeal is Not Upheld
When an appeal is not upheld, the action of the Review Board is finally dispositive of the disciplinary proceeding, except for the right of the person charged to appeal to the President in the cases provided in subsection 10 following.

10. Appeal to the President.
The Accused or the Complainant may appeal to the President of the College only in cases where the Accused was found "responsible" by the Sexual Misconduct Board and either:
(i) the Review Board does not uphold an appeal by the Accused where the Accused appeals the imposition of a sanction of indefinite or definite suspension; or
(ii) the Review Board does not uphold an appeal by the Complainant where the Complainant appeals the appropriateness of the sanction imposed by the Sexual Misconduct Board and states in the Notice of Appeal that the Sexual Misconduct Board should have imposed a sanction of definite or indefinite suspension.
Notice of Appeal must be given in writing to the President and to the Dean of Students within five days after receipt of the Review Board's Notice of Action. Upon receiving the written notice of appeal, the Dean of Students shall immediately give written notice of the appeal to the Chair of the Sexual Misconduct Board, the Secretary of the Review Board, and to the other party to the proceedings. Review is solely on the record on appeal before the Review Board, plus any written briefs filed with the Review Board. The President may, in conference with the Appellant and Respondent, hear and consider oral argument. Review by the President is confined solely to the question of the appropriateness of the sanction in total context. The President shall ordinarily reach a decision and give formal written Notice of Action to Appellant within ten days after receiving the Notice of Appeal. The President shall concurrently give to the Respondent a copy of the Notice of Action, redacted as necessary to comply with FERPA and any other applicable privacy laws. The President may affirm the decision of the Review Board or may modify the sanction imposed by the Sexual Misconduct Board (either by reducing or increasing the sanction) to one deemed more appropriate. The action of the President is finally dispositive of the disciplinary proceedings.

11. Stay of sanction pending appeals.
The imposition of sanction is stayed following action by the Sexual Misconduct Board and the Review Board for the periods during which Notice of Appeal may be given following their respective actions, and thereafter until the matter has been finally disposed of within these procedures. If upheld on appeal, a sanction of definite or indefinite suspension shall be effective as of the date imposed by the Sexual Misconduct Board. If either party appeals the sanction of probation, the term of the probationary period will begin after the appeal procedure has been completed if the sanction is upheld. Should the accused be a senior and the length of the probationary period extend beyond the date of commencement, that student shall not be eligible for a degree until the end of the probationary period. (See Code of Disciplinary Procedures, Part II, Section A. Range of Permissible Sanctions, Item 13 regarding out of classroom restrictions on a student receiving a sanction of suspension.)

12. Petition for readmission.
A student who has been suspending for an indefinite period under the Sexual Misconduct Policy may petition in writing for readmission to the Faculty Executive Committee. This petition will be submitted to the Dean of Students. The Faculty Executive Committee may, when possible, consult with members of the Sexual Misconduct Board who heard the student's case.

R. Title IX Coordinators
As a recipient of Federal funds, Davidson College is required to comply with Title IX of the Higher Education Amendments of 1972, 20 U.S.C. § 1681 et seq. ("Title IX), which prohibits discrimination on the basis of sex in education programs or activities. Sexual Misconduct, as defined in Section VI of the Code of Responsibility, is a form of sex discrimination prohibited by Title IX. Davidson College is committed to providing programs, activities, and an educational environment free from sex discrimination. Inquiries concerning the application of Title IX should be directed to the following Title IX coordinators:

1. Student inquiries should be directed to Kathy Bray, Associate Dean of Students, Chambers 1255, 704-894-2225, kabray@davidson.edu (Title IX Coordinator)

2. Student athlete inquiries should be directed to Katy McNay, Assistant Director of Athletics for Compliance, Baker Sports Complex, 704-894-2637, kamcnay@davidson.edu (Deputy Title IX Coordinator)

3. Employee inquiries should be directed to Ann Todd, Associate Director of Human Resources, 11 Jackson Court, 704-894-2214, antodd@davidson.edu (Deputy Title IX Coordinator)