Procedures at IU Bloomington
II. Student Disciplinary Procedures
Procedures for Responding to Incidents Involving Sexual Violence
The University strongly encourages individuals to report sexual assault and relationship violence to appropriate officials because it is the only way that action can be taken against an alleged violator of the policy. Students who experience sexual violence may also pursue criminal charges in addition to, or instead of, pursuing cases through the University process. Any Indiana University student who has been sexually harassed, sexually assaulted, stalked, or physically harmed is strongly encouraged to contact the local police department where such harassment, assault, stalking, and/or harm occurred. The victims/survivors are also encouraged to contact the University’s Counseling and Psychological Services (CAPS) or the University Health Center for any counseling and/or health care services.
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 Indiana University Police Department and/or the Office of Student Ethics will take reasonable steps to investigate the incident. If the complainant requests confidentiality or asks that the complaint not be pursued, the Indiana University Police Department and/or the Office of Student Ethics will take all reasonable steps to investigate and respond to the complaint consistent with the request for confidentiality or request not to pursue an investigation. The investigation conducted by the Office of Student Ethics will be concluded within 60 days of the receipt of the report.
- If the decision is made to proceed, the student allegedly involved in misconduct (hereafter referred to as "respondent") will be:
- Notified of the alleged violation by IU's initiation of charges,
- Provided a date by which the appointment must be made to discuss the matter.
- Any person believed to have information relevant to an investigation may also be contacted and requested to make an appointment to discuss the matter.
- 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 student’s account and/or the initiation of charges for student conduct failure to comply.
- Upon completion of the investigation, the Office of Student Ethics will conduct a judicial conference.
- 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.
- Judicial Conference Hearing Panel
- 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.
- The charges alleging domestic violence, dating violence, stalking, sexual harassment and/or violence (Part II, §§H.18, H.19a., H.20.a., H.20.b., H.20.c., H.20.d., H.20.e., or I.2.b. of the Code of Student Rights, Responsibilities, and Conduct) will be the sole focus of this conference. All other charges will be held in abeyance until the domestic violence, dating violence, stalking, sexual harassment and/or sexual violence charges have been resolved and will be handled according to the regular personal misconduct procedures.
- The judicial conference is recorded.
- 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.
- Both parties will be afforded similar and timely access to view any information that will be used at the hearing.
- Procedures for Judicial Conference
- The hearing panel shall inform the respondent of the facts alleged. The respondent may, but need not, respond to allegations.
- Both the complainant and the respondent will have equal opportunity to present oral and/or written evidence.
- If, after discussion, the hearing panel determines that the violation alleged is not supported by a preponderance of the evidence (more likely than not), the hearing panel shall dismiss the accusation 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.).
- If the hearing panel believes that, by a preponderance of the evidence, the violation occurred as alleged, the hearing panel shall so notify both the respondent and the complainant and shall propose a sanction by means of a written notice. The respondent and/or the complainant may request an appeal (see section 3a.).
- If the respondent fails to appear at the judicial conference, s/he may explain the failure to appear in writing to the Office of Student Ethics within 10 days of the scheduled conference. Written documentation supporting the cause of absence must be included. Within 10 days after receiving the respondent's letter, the Office of Student Ethics will notify the respondent and the complainant whether the judicial conference may be rescheduled. The judicial conference will be rescheduled only under extraordinary circumstances as determined by the Judicial Conference Hearings Panel.
- If the respondent fails to appear and such failure is not excused for good cause, the Vice Provost/Dean of Students or his/her designee may decide, in the respondent's absence, whether the violation occurred as alleged. The respondent and the complainant will be notified in writing of the decision by the hearing panel within 10 days. Unless the sanction imposed is or includes expulsion from university housing, suspension from the university, or expulsion from the university, the respondent's right to an appeal will be automatically forfeited, and the sanctions imposed in absentia will go into effect.
- For possible sanctions, please see Code of Student Rights, Responsibilities, and Conduct: Procedures for Bloomington Campus, Part II, §B.1.h.
The respondent or the complainant may appeal the decision of the hearing panel to the Vice Provost/Dean of Students or his/her designee. To initiate an appeal, respondent/complainant must send written notice of appeal to the Office of Student Ethics. The written notice must include the basis for appeal (See Section 3b.).
The notice of appeal must be filed no later than 10 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 Office of Student Ethics within the time specified, the request for an appeal shall not be reviewed, any sanction(s) proposed by the hearing panel shall be imposed, and the action shall be final. Neither the respondent nor the complainant may make any further appeal from the decision of the Vice Provost/Dean of Students or his/her designee.
- Basis for Appeal
An appeal must be based on one of the following: an allegation of significant procedural error; the imposed sanction; and/or other extraordinary circumstances which constitutes a clear error by the Judicial Conference Hearing Panel. The Vice Provost/Dean of Students shall have the sole discretion in determining whether the basis for appeal has been met and the appeal can move forward.
- Decision and Sanction
If the basis for appeal has been met, the Vice Provost/Dean of Students will review the written appeal and the pertinent part of the judicial conference record only. The Vice Provost/Dean of Students will not consider new evidence or information that is not a part of that record. The Vice Provost/ Dean of Students must render a decision within 10 calendar days of receipt of the appeal and may take any of the following actions:
- Affirm the original decision regarding responsibility.
- Affirm the original decision concerning the disciplinary sanction/s to be imposed.
- Set aside the original decision regarding responsibility and impose a new decision.
- 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.
- Set aside the original decision concerning the disciplinary sanction/s to be imposed and impose a different sanction or set of sanctions.
- The Vice Provost/Dean of Students or his/her designee is required to notify the respondent and the complainant of his/her decision and shall initiate the necessary procedures to effectuate the decision.
- The Vice Provost/Dean of Students or his/her designee decision is final and there shall be no further appeals.