3. Disciplinary Procedures for Sexual Assault ‘The Task Force revised the current procedures to streamline them, to ‘establish timelines for when each step will take place, and to ensure lines of ‘communication among all parties. In addition, the Task Force recommends some new steps to the procedures. First, the Deans will communicate to the Hearing Pane! the sanctions imposed, if a student has been found in violation of the policy. Second, if possible, the administrator or coordinator of the Disciplinary Procedures should not be a counselor in the education and prevention programs, but someone housed in a central office of judicial affairs or of student life. If such a central office continues to be unavailable at Columbia, the present situation could remain, in which the coordinator reports to Health Services for the counseling piece of the job and to Student Services for the Disciplinary Procedures piece. However, for reasons stated above, that is not the ideal solution, Nevertheless, the proposed changes to the current Disciplinary Procedure should help to diminish the perceptions of unfair and unequal treatment of students. The TTask Force proposes that when a student files a complaint, the administrator or coordinator assign Advisors to the accusing student and the accused student from among that year’s board of Hearing Panelists, who will serve to facilitate the steps of the hearing process for each student, answer questions that come up, investigate any reasons for delay in the process and communicate with the student about it. The Advisors will not be from the students’ school, nor will the Advisors serve as Hearing Panelists for that case. The proposal below outlines additional issues, including the selection of the Committee on Sexual Assault Policy and Procedures, and the Hearing Panelists. Disciplinary Procedures for Sexual Assault The Office of Disciplinary Procedures for Sexual Assault ‘The Office of Disciplinary Procedures for Sexual Assault (ODPSA) administers the Disciplinary Procedures for Sexual Assault (DPSA). ‘The Office is run by an Administrator who oversees the administration of the Disciplinary Procedures for Sexual Assault, ‘The Administrator reports to the Advisory Council on Sexual Assault, which provides general oversight of the Policy on Sexual Assault (PSA) and the Disciplinary Procedures for Sexual Assault. Members of the Committee are chosen by the President and serve for three (3) years. *The Advisory Council on Sexual Assault reports to the President. *The Advisory Council on Sexual Assault selects a Board of Deans to serve as ‘Advisors and Hearing Officers. Members of the Board of Deans serve a term of three (3) years. Each complainant and respondent is assigned an Advisor, from the Board of Deans, by the Administrator to provide assistance, advice and support during the hearing process. 21‘The Advisory Council on Sexual Assault also selects a Board of Students to serve as Heating Officers. Students Board Members may serve for no more than three (3) years. « Each case is heard by a Panel of three (3) Heating Officers, made up of two (2) deans and one (1) student, selected from the Board of Deans and the Board of Students by the Administrator. All Heating Officers receive training on sexual ‘assault prior to service. No deans or students from the school of either of the parties to a case may serve as Hearing Officers in that case. No dean may serve as an Advisor to a student in his or her school. No dean may serve as an Advisor and a Hearing Officer in the same case. Disciplinary Procedures for Sexual Assault 1. The Complaint ‘A student institutes a formal complaint under the Disciplinary Procedures for Sexual Assault (DPSA) by submitting a written complaint to the DPSA Administrator. #A Columbia student who believes he or she has been the victim of sexual misconduct, assault or violence committed by another Columbia student may begin proceedings under the DPSA by contacting the DPSA Administrator by phone, email, or office visit. #At this first contact, the DPSA Administrator will explain the procedures and assign to the student a DPSA Advisor to provide assistance, advice and support. ‘The DPSA will contact the student. Ifa criminal investigation is underway or if the student has chosen to file a complaint with the police or the District Attorney’s office, the DPSA cannot be invoked until there has been resolution of these outside procedures. «To institute formal procedures, the student needs to file a written complaint. #A student may bring charges while he or she is enrolled in the school he or she was enzolled in at the time of the alleged violation but in no instance more than one calendar year after the occurrence. If charges are timely filed against a student who is in his or her final semester, but the hearing process has not been concluded by the end of term, the accused student's diploma may be withheld pending a final disposition in the case. If an allegation is made, but the accused has continued enrollment in a different schoo! within the Columbia University system, it becomes the discretion of the dean of the new school to agree to accept the allegation and refer the matter to the Office of Disciplinary Procedures for Sexual Assault to convene a panel. If the dean does not agree, the student can pursue action outside the University. Only Columbia University, Bamard College and Teacher's College students may avail themselves of the DPSA. ‘Charges may only be brought against students who ace currently enrolled ina school or on leave. In cases of students on leave, if the charge has been timely filed, the hearing may be postponed until the accused student has re-enrolled. Charges may not be brought ageinst non-students, graduated students, or students who have been permanently withdrawn, 22on the evidence provided, without or without the participation of the student bringing the complaint and/or the accused student, #A charging student who wishes to withdraw the complaint and an accused student who does not wish to participate in the hearing process arc advised to contact the Administrator to discuss their rights. 4. Mediation At any time after a complaint has been recived, but prior to a decision being rendered by the Hearing Panel, the parties may agree fo settle the matter between themselves with the help of a mediator and the Administrator. ‘To pursue mediation, the interested party ot parties must contact the Administrator. ‘The parties may not contact each other directly to discuss this option but must negotiate through the Administrator Mediation may be pursued only with the consent of both parties. #1 mediation is agreed upon, the Administrator will facilitate selection of a mediator. In the event the decision to proceed by mediation is made after the hearing has begun, the Panel will suspend the hearing fo allow the mediation to proceed. ‘If the parties are able to reach a resolution by mediation, the hearing will be concluded and the case closed, No further action may be taken. ‘lf the parties are unable to resolve their differences by mediation, the hearing will resume. 5. The Right to a Supporter Both students are entitled to have a Supporter present at the hearing. The Supporter must be a member of the Columbia University community (staff or student) and cannot be an attorney or a parent. # Both the student bringing the charge and the accused student may decide whether or not fo consult the designated DPSA Advisor after the initial contact between the Advisors and the students. In either case, the student has the right, in addition, to choose a member of the University community to serve as his or her Supporter through the process. An Advisor may not serve as a Supporter, but he or she may attond the hearing as an observer. ‘*A Supporter may not be a witness. If the Pane! believes that a designated Supporter could be called as a witness, it will request that the Supporter be replaced, A Supporter’s function is to support the student. During the hearing, the Supporter may in a non-disruptive manner talk quietly or pass notes to the student; he or she may not pose questions or otherwise intervene in the process. ‘Nothing in these procedures prohibits either student from consulting an attorney but neither is permitted to have an attorney present during the disciplinary hearing or appeal, While the Advisor or the Supporter may be an attomey by training, he or she is not present as a lawyer defending a client. 24«The parents of the parties are not permitted to serve as Supporters or to attend the hearing or the appeal. 6. Confidentiality Confidentiality about the proceedings, the participants in the proceedings, and the outcome of the proceedings must be maintained by all individuals involved. ‘The Administrator will inform both students of the requirements of confidentiality of the proceedings and the need to inform any potential witnesses of these requirements. «The requirements of confidentiality do not prohibit either student from informing his or her family, a counselor, or a legal advisor of the charges and proceedings or from secking assistance in his or her defense; nor does it prohibit either from speaking to potential witnesses. “Breaches of the confidentiality of the proceedings or acts of retaliation against, any student bringing a complaint constitute violations of the Sexual Assault Policy. 7. Constitution of the Hearing Panel ‘The hearing will take place before a Panel consisting of two deans and one student, all three chosen from a trained pool and all three having no school affiliation or other connection to one of the parties. Within ten (10) days of receiving the complaint, the DPSA Administrator shall constitute a Hearitig Panel consisting of two deans and one student and notify the parties of its membership. The Administrator will inform the parties of their right to challenge any member based on a conflict of interest or prior acquaintance or association. The student member may be excluded by agreement of the two parties. The parties are given three (3) days after receiving notification of the Panel’s constitution to register their objections to any member. All Panelists have received training on sexual assault prior to service. 8. Timetable for the Hearing Under ordinary circumstances, the hearing shall be set to begin no less than ten (10) and no more than thirty (30) days after the accused student has received written notice of the complaint and a copy of the complainant’s written statement. 9, Presentation of Evidence Both the student bringing the complaint and the accused student will be given the opportunity to make a statement, present witness testimony, offer documentary evidence, and provide rebuttal testimony and evidence. Copies of all written documents submitted by either party to the Administrator in preparation for the hearing will be given to the Panel and to the opposing party. in advance of the hearing, the accused student is advised to provide to the ‘Administrator a written response to the charge, a description of the evidence he or 25she would like to present, a list of witnesses to be called, and a set of questions to be put to the student bringing charges and the witnesses to be called «The student bringing the charge may also submit a description of the evidence he ‘or she would like to present, alist of witnesses to be called, and a set of questions to be put to the accused student and the witnesses to be called. ‘The Panel will determine the witnesses to be called, the questions to be asked of them, and the documents to be reviewed as deemed necessary to assure fairness for the parties and to observe the safeguards of these Disciplinary Procedures. See e.g. Nos. 3 and 11. #At least three (3) days in advance of the first session of the hearing, the parties shall submit to the Administrator for distribution to the Hearing Panel a brief summary of the anticipated testimony of each of their witnesses. In the event the Panel decides to hear a witness's testimony, the brief summary will be provided to the other party, if possible, two days in advance of the witness's appearance. «The Administrator will schedule the appearance of witnesses, advise them about the procedure, and notify them of the requirements of confidentiality. «During the hearing, both students will have the opportunity to submit questions before a witness testifies, during a break in testimony, and after a witness has testified. Witnesses may be recalled and questioned by the Panel as it deems necessary in the interest of fairness, « Parties may offer the names of rebuttal witnesses to be called; they may also offer rebuttal evidence, The Panel may call rebuttal witness and admit rebuttal evidence as it deems necessary in the interest of fairness. 10. Testimony by Closed-Circuit Television ‘At the request of one of the parties, provisions will be made for each to watch ‘a simultaneous transmission of the other's testimony on closed-circuit television, rather than have them present in the same room to hear the other testify. The Panel may also decide that in some circumstances witnesses’ testimony should be made available to the parties by simultaneous closed circuit-transmission. 11, Hearing Procedure During a hearing, the Hearing. Panel shall make all procedural decisions they deem necessary to assure fairness and avoid undue delay. #The Hearing Panel will determine the admissibility, relevance, and materiality of the evidence offered, and may exclude evidence or witnesses which they deem to be cumulative, irrelevant or disruptive. «s The hearing is a fact-finding and adjudicative proceeding, and it is necessarily formal to a certain extent. However, it differs from courtroom process in a number of ways. A party is not entitled to cross-examine witnesses, though, as indicated in Article 9, both parties have the right at various stages of proceedings to submit questions to be put to witnesses. A party is not entitled to be present to confront witnesses or to confront the other party, though, as indicated in Article 10, every effort will be made to allow a party to watch the other party's testimony on closed-circuit television, so that he or she is aware in detail of the evidence that 26is being offered against him or her and thus has an opportunity to rebut it, in detail. Prior to and during the hearing, at the diseretion of the Panel, extensions of time may be granted to either party for good reason. The Hearing Panel may stop the hearing at any time if any person becomes disruptive. ‘*An accused student has the right to testify in his or her own defense but may ‘choose not to do so. In the event either the complainant or accused chooses not (0 appear or to testify, he or she will be informed that the Hearing Panel may nonetheless proceed to a decision, Failure of the accused student to respond to questions should not prejudice the Hearing Panel, ‘Either party may submit evidence of the history of any sexual relationship between the parties. If either party submits such evidence, then the other party has the right to rebut that evidence. «'The prior sexval history of either party, other than the history of a sexual relationship between the parties, is not admissible in the hearing, except testimony submitted by a party concerning his or her own sexual history. ‘A verbatim transcript of the hearing will be kept for the use of the Panel and for purposes of appeal. «The Hearing Panel may seek guidance from the Office of General Counsel at any time prior to ot during the hearing with respect to procedural issues. 12, Closing Statements Before the Panel retires for its deliberations, each party shall have the opportunity to present a written or oral argument, based on the evidence submitted, in support of his or her position. Both parties may also submit an “impact statement” to the Panel, In the event of a finding of a violation of the Sexual Assault Policy, the Panel may consider the impact statements in making a recommendation for a penalty; it shall not consider impact statements in the absenec of the finding of a violation. 13. The Panel’s Findings After considering all the evidence offered at the hearing, the Panel shall determine whether the accused student has violated the PSA. It shall then notify the parties and the Dean of Students of the accused student’s school of its decision. In the event the Panel concludes that a violation of the PSA has ‘occurred, the Panel shall recommend a sanction to the accused student's Dean of Students. All deliberations of the Hearing Panel will be held in private, ‘eIn making its determination the Panel will rely on the evidence, testimonial and documentary, offered at the hearing. As part of the decision process, the Panel shall prepare a written report, summarizing the evidence, stating the rationale for the decision, and, in the appropriate case, recommending a penalty, 27«For there to be a finding of a violation of the PSA, the Panel need not be ‘unanimous but both deans must be convinced by clear and convincing evidence that the violation has occurred. ‘in the event the Panel determines there has been a violation of the PSA, it shall submit its written report to both students and to the Dean of Students of the accused student’s school. ‘The Panel-shall also reconvene the parties to inform them of the findings. If it is not possible for all members of the Panel to attend this session, they shall designate a member or members to represent the Panel. elf the student member of the Panel disagrees with the Pancl’s findings, he or she may write a dissenting report to be submitted to the Dean of Students of the accused student's school together with the written report submitted by the deans, «in the event the Panel determines there has been no violation of the PSA, it shall provide a summary report to both students and notice of its finding to the Dean of Students of the accused student’s school. It shall submit the written report to the Administrator for the ODPSA files. 14, The Imposition of Sanctions ‘When a violation has been found and a penalty recommended, the Dean of Students of the aceused student’s school may choose to implement ox modify the Panel’s recommendation; he or she eannot change the Panel’s finding, Penalties include but are not limited to probation, suspension, or dismissal. ‘They may also include a prescribed educational program. «The Dean of Students of the accused student’s school will inform both students, the Panel, and the DPSA Administrator of the penalty to be imposed. «The Dean of Students will also inform the accused student of his or her right of appeal. 15. The Appeals Process ‘A student found to have violated the PSA has the right to appeal the decision and the penalty to the Dean of his or her school. ‘The student must submit the appeal within thirty (30) days of receiving notice of the penalty imposed by the Dean of his or her school. *The Dean will send notice of the appeal to the Panel and to the DPSA ‘Administrator The appeal must be in writing and clearly state the grounds for the appeal. «The Dean is expected to rely upon the written record of the hearing; he or she may consult with the Panel members but ordinarily he or she will not conduct a new factual investigation or consider new evidence. «The standard for review is whether the decision made, and the penalty imposed, are reasonable under all of the circumstances of the case. Both parties, the Panel and the DPA. Administrator will be informed of the outcome of the appeal ‘There is no further right to appeal wi in the University. 282. Notice to the Accused Student On receipt of the written complaint, the DPSA Administrator notifies the student accused of violating the University’s Policy on Sexual Assault (PSA) of the charges which have heen filed against him or her and the disciplinary procedures which will be followed. #The Administrator will set a date for the hearing, The DPSA Administrator will assign a DPSA Advisor to the student accused of violating the PSA for the purpose of providing assistance, advice and support with the disciplinary process. «The DPSA Administrator will call the student accused of violating the PSA into the DPSA Office to inform him or her of the charges. During this meeting, the ‘Administrator will provide a written copy of the complaint, a letter stating the charges and the date of the hearing, a written copy of the DPSA procedures, and a list of the possible range of penalties for a student found in violation of the policy. ‘A student who has been found to have violated this policy may be subject to sanctions, including, but not limited to, reprimand, disciplinary probation, suspension and dismissal, A student may also be barred from certain University facilities or activities, or asked to undergo an educational program, Penalties are imposed by the Dean of the student’s school in accord with University rules. The ‘Administrator will explain the process, describe the parties’ rights and responsibilities, and provide the name of the accused student’s DPSA Advisor. *Afier the accused student has received notification of the complaint, the DPSA. Advisor shall contact him or her. 3. The Right to a Hearing ‘A student charged with violating the PSA is entitled to notice of the specific charges, an opportunity to be heard, and an opportunity to appeal the disposition of the case to the Dean of his or her school. A hearing under the DPSA is not a judicial proceeding; violations of the PSA do not subject the accused student to criminal penalties, ‘*An accused student is presumed not to have violated the PSA. ‘The respondent shall be given at least 10 days notice of the hearing except in those rate instances when it may be necessary for reasons of safety or other exigeney to schedule a hearing without advance notice. In the event of such a hearing, the normal process may be suspended, though under no circumstance will the student be denied notice of the specific charge, the right to be heard and the right to appeal. ‘While it is expected that an accused student will participate in the disciplinary process, he or she retains the right to decline participation; he or she cannot be required to respond to charges or to appear ata hearing. Failure to respond to charges will not prejudice the hearing panel. Similarly, the student charging the violation may subsequently decide to withdraw it. Neither of these decisions halts the disciplinary process. Once a complaint has been submitted, the Panel assigned to the case has the option to proceed with the hearing and render a decision based 231. Summary of Amendments a, Sexual Assault Disciplinary Procedures i, The proposed disciplinary procedure should be amended so that the complainant, and the accused student are given a list of their rights before the Hearing Panel convenes. This document should include the warning that all testimony can be subpoenaed, The proposed disciplinary procedure should be amended so that the complainant and the accused student can have an attomey from outside Columbia as his or her adviser during all levels of the proceedings. The attomey's role in the hearing would be limited to being present for the consultation and advisement of the student, He or she would not be present as a lawyer defending a client in the traditional sense. ‘The proposed disciplinary procedure should be amended to allow victims of sexual assault to pursue criminal, civil, and campus-based procedures concurrently, A student should not be forced to choose between first pursuing her case through the criminal justice system or through the campus-based disciplinary proceeding because such a constraint poses undesirable conflicts of interest and principle, iv. The proposed disciplinary procedure should be amended so that an accused student has the right to appeal for a withdrawal if criminal charges have been filed and an official complaint to the University has been filed, b, Sexual Assault Policy Statement i, One of our first concems for the vietim should be their physical well-being, Advising the student to seek medical attention if she has been sexually assaulted should be in the policy statement, and information about where to seek medical attention should be one of the first website links. Within the Sexual Assault Policy Statement, Columbia should state that, participation in the disciplinary proceedings does not protect a student from future criminal prosecution, Further Columbia should provide information about pursuing criminal charges. The proposed policy statement should add a statement about what to do if the sexual assault has involved an employee of the University and contact information for the office in charge of such complaints.