Procedures at IU Bloomington

II. Student Disciplinary Procedures

Appendix E
Procedures for Responding to Incidents Involving Domestic Violence, Dating Violence, Stalking, Sexual Harassment and/or Sexual Violence

The University strongly encourages individuals to report any acts of domestic violence, dating violence, stalking, sexual harassment and/or sexual violence (collectively referred to as “Sexual Misconduct") to appropriate officials because it is the only way that action can be taken against an alleged violator of the Code of Student Rights, Responsibilities, and Conduct (“Student Code”), via the student discipline process. Students who experience Sexual Misconduct may also pursue criminal charges with the law enforcement agency with the appropriate jurisdiction in addition to, or instead of, pursuing cases through the University process. Individuals who identify as victims/survivors and are members of the Indiana University community are also encouraged to visit the Student Welfare Initiative website at http://stopsexualviolence.iu.edu for more information on resources and services available on their campus.

  1. Investigation
    When a victim/survivor (hereafter referred to as "complainant") reports an incident of domestic violence, dating violence, stalking, sexual harassment and/or sexual violence, her/his desires regarding the university's pursuit of the matter will be determined. Thereafter, the University will take reasonable steps to investigate the incident. If the complainant requests confidentiality or asks that the complaint not be pursued, the University will take all reasonable steps to investigate and respond to the complaint consistent with those requests, keeping in mind that the University must weigh such requests against its obligation to provide a safe, non-discriminatory environment for all students, including the complainant.
    1. If the decision is made to proceed, the student allegedly involved in misconduct (hereafter referred to as "respondent") will be:
      1. Notified that the University’s student discipline process has been initiated.
      2. Provided a date by which an appointment must be made to discuss the matter.
    2. Any person believed to have information relevant to an investigation may also be contacted and requested to make an appointment to discuss the matter.
    3. Failure to comply with a request to make and/or keep an appointment relevant to an investigation may result in a disciplinary hold being placed on a studentís account and/or the initiation of charges for student conduct failure to comply.
    4. Upon completion of the investigation, the University will provide notice of all relevant charges and conduct a judicial conference.
    The investigation and subsequent judicial conference will be concluded within 60 days, absent extraordinary circumstances.
  2. Judicial Conference
    The respondent is required to attend the judicial conference. The complainant has an equal right to attend the judicial conference and participate to the same extent as the respondent, if he or she chooses. If either respondent or complainant is unavailable to participate in person based on significant travel or schedule restrictions, participation by other means may be made available.
    1. Judicial Conference Hearing Panel
      1. A hearing panel will be assembled for the judicial conference. The hearing panel is composed of three administrative staff members, who have completed the required training.
      2. The judicial conference is closed. However, the complainant and respondent may each select one advisor of his/her choice and expense to accompany him/her at any point in the disciplinary process. Advisors are limited to an advisory role and may not speak for students. More information on members of the University community who may be available to serve as an advisor in the student discipline process can be found on the Student Welfare Initiative webpage at http://stopsexualviolence.iu.edu.
      3. The judicial conference is recorded.
      4. The judicial conference is closed. However, the complainant and respondent may each have one advisor present. Advisors are limited to an advisory role and may not speak for students. The respondent and the complainant may be advised by the Student Advocates Office, the IU Student Association Department of Student Rights, or another source.
      5. Both parties will be afforded similar and timely access to view any information that will be used at the hearing.
    2. Procedures for a Judicial Conference
      1. The complainant and respondent will be informed of the facts alleged. The respondent may, but need not, respond to allegations.
      2. Both the complainant and the respondent will have equal opportunity to present oral and/or written evidence.
      3. The judicial conference is recorded. Deliberations by the panel, following the conference, are not recorded.
      4. If, after deliberations the hearing panel determines that the information available in the judicial conference does not support by a preponderance of the evidence (more likely than not) that a violation of the Student Code has occurred, the hearing panel will dismiss the charges and notify both the respondent and the complainant by means of a written notice. The complainant and/or respondent may request an appeal (see section 3a.).
      5. If, after deliberations, the hearing panel determines that the information available in the judicial conference does support by a preponderance of the evidence (more likely than not) that a violation of the Student Code has occurred, the hearing panel will notify both the respondent and the complainant and will assign a sanction by means of a written notice. The respondent and/or the complainant may request an appeal (see section 3a.).
      6. If the respondent fails to appear at the judicial conference, s/he may explain the failure to appear in writing to the University within two business days of the scheduled conference. Written documentation supporting the cause of absence must be included. Within three business days after receiving the respondent's letter, the University will notify the respondent and the complainant whether the judicial conference may be rescheduled. The judicial conference will be rescheduled only under extraordinary circumstances.
      7. If the respondent fails to appear and such failure is not excused, the respondent's right to an appeal will be automatically forfeited, and the outcome reached in absentia will go into effect, unless the sanction imposed is or includes expulsion from university housing, suspension from the university, or expulsion from the university.
      8. Possible sanctions for cases in which students are found in violation of the Student Code for acts of domestic violence, dating violence, stalking, sexual harassment and/or sexual violence include, but are not limited to formal warnings, disciplinary probation, suspension, and permanent expulsion.
  3. Appeal
    The respondent or the complainant may appeal the decision of the hearing panel to the Senior Student Affairs Administrator on the respective campus, or his/her designee. To initiate an appeal, respondent/complainant must send written notice of appeal to the University. The written notice must include the basis for appeal (See Section 3b.).
    1. Timing
      The notice of appeal must be filed no later than five calendar days after the date of the written decision of the Hearing Panel is sent. If no written request for an appeal is received by the University within the time specified, the request for an appeal will not be reviewed, any sanction(s) proposed by the hearing panel will be imposed, and the action will be final..
    2. Basis for Appeal
      The Senior Student Affairs Administrator will have the sole discretion in determining whether the basis for appeal has been met and the appeal can move forward. An appeal must be based on one of the following criteria:
      1. Significant procedural error that reasonably would have affected the outcome of the student’s case.
      2. The sanction imposed is grossly disproportionate to the violation(s) committed, in light of all relevant aggravating and mitigating factors, and in consideration of applicable university guidelines.
    3. Decision and Sanction
      If the basis for appeal has been met, the Senior Student Affairs Administrator will review the written appeal and the pertinent part of the judicial conference record only. The Senior Student Affairs Administrator will not consider new evidence or information that is not a part of that record. The Senior Student Affairs Administrator must render a decision within 10 calendar days of receipt of the appeal and may take any of the following actions:
      1. Affirm the original decision regarding responsibility.
      2. Affirm the original decision concerning the disciplinary sanction/s to be imposed.
      3. Set aside the original decision regarding responsibility and impose a new decision.
      4. Set aside the original decision regarding responsibility and order that a new judicial conference be held before a new hearing panel. This option is reserved for those cases in which a significant procedural error has been identified.
      5. Set aside the original decision concerning the disciplinary sanction/s to be imposed and impose a different sanction or set of sanctions.
    4. The Senior Student Affairs Administrator or his/her designee is required to notify the respondent and the complainant, in writing, of his/her decision and will initiate the necessary procedures to effectuate the decision.
    5. The decision of the Senior Student Affairs Administrator or his/her designee is final and there will be no further appeals
  4. Notice: To the extent possible, the complainant and the respondent will be provided notice of the outcome of the Judicial Conference, in person, with an accompanying written notice provided. In addition, the parties shall be provided, to the extent possible, simultaneous written notice of the outcome of the disciplinary hearing, the appeals process, and the appeal decision, if applicable. In the event the appeal decision changes the results of the outcome of the disciplinary hearing, notice of such change shall be provided before those results are final, and include an explanation of when those results will become final.