Special Hearing Procedures for Charges of Sexual Harassment, Sexual Assault, and Sexual Violence
When sexual assault or sexual violence charges are
brought against a student by an individual under the Berea College Student
Conduct Regulations, “Unacceptable Actions: Rules of Conduct,” Sections A1
(Violence) pursuant to the College’s Sexual Misconduct Policy, all such cases
shall be heard by the Campus Conduct Hearing Board, according to its procedures
and the College’s Sexual Misconduct Policy, Procedures for Procedures for
Reporting, Investigating and Hearing Alleged Violations of Certain College
Policies.
When sexual harassment charges are brought against a
student by an individual under the Berea College Student Conduct Regulations,
“Unacceptable Actions: Rules of Conduct, Section B2 (Offenses against
Persons),” all such cases shall be heard by the Campus Conduct Hearing Board,
according to its procedures, supplemented by the following special hearing
procedures:
1. The
Judicial Liaison shall inform both the accused and the person bringing the
charge that, upon written request, special arrangements may be offered to limit
direct contact between the parties involved, (e.g. visual screening, telephonic
conferencing, video-conferencing).
2. Both
the accused and the person bringing the charge may request that certain
potential members of the Hearing Panel be excused for cause. “Cause” must be articulated and may include
such things as a Hearing Panel member having personal knowledge of the facts or
incident which is the subject of the charge(s), a labor supervisory, academic
advising, or close personal relationship with the accused, or another party to
or a witness in the case. Final
Decisions on such requests rest in the discretion of the Judicial Liaison.
3. The
person bringing the charge may also appeal the decision with three working
days. Such appeals are limited to
procedural grounds (See “Appeals,” (i) and (ii)) or due to the subsequent
discovery and availability of directly relevant evidence not available at the
time of the hearing.
4. In keeping with provisions of the Higher
Education Act of 2009, the College will, upon written request, disclose to the
alleged victim of any crime of violence (as defined in Section 16, Title 18 of
the U.S. Criminal Code), or a non-forcible sex offense, the results of any
disciplinary proceeding conducted by the College against a student who is the
alleged perpetrator of such an offense.