Template Training Outline for
Student Conduct Officers, Investigators, Hearing Officers and Hearing Boards
Sexual Assault, Domestic Violence, and Stalking
I. PRINCIPLES
The goals of the conduct system are fairness and due process for involved parties and the campus
community as a whole. Campus conduct procedures are intended to uphold conduct standards, protect
safety, and promote reasoned, fair, and impartial consideration of suspected student misconduct, with
respect for the rights and interests of all concerned: the respondent student, the reporting party, and the
University.
II. PROCEDURAL REQUIREMENTS AND CONTEXT
A. University of California Policies Applying to Campus Activities, Organizations, and Students Section
100.00 et seq., Policy on Student Conduct and Discipline (Appendix A). These policies establish
procedural standards for formal student conduct hearings at UC campuses. UC procedures are
consistent with federal and state due process protections, and meet or exceed each aspect of due
process requirements:
“103.10 Procedural Due Process: Procedural due process is basic to the proper enforcement of University
policies and campus regulations. Chancellors shall establish and publish campus regulations
providing for the handling of student conduct cases in accordance with basic standards of procedural
due process. Consistent with this requirement, procedures specified in such regulations shall be
appropriate to the nature of the case and the severity of the potential discipline [sanctions].
“103.11 When a formal hearing is deemed to be appropriate, campus implementing regulations shall
provide the following minimum procedural standards to assure the respondent student a fair
hearing:
“a. Written notice, including a brief statement of the factual basis of the charges, the University
policies or campus regulations allegedly violated, and the time and place of the hearing, within a
reasonable time before the hearing;
“b. The opportunity for a prompt and fair hearing where the University shall bear the burden of
proof, and at which the student shall have the opportunity to present documents and witnesses
and to confront and cross-examine1 witnesses presented by the University; no inference shall be
drawn from the silence of the respondent;
“c. A record of the hearing; an expeditious written decision based upon the preponderance of
evidence, that shall be accompanied by a written summary of the findings of fact; and
“d. An appeals process.”
1
What is meant by “confront and cross-examine witnesses” has been interpreted variously by different UC
campuses. For example, at UCLA, all questions are submitted to the Hearing Committee and it is the
Committee that directly questions the witnesses rather than the parties themselves. Also, see the Office for
Civil Rights “Dear Colleague Letter” (DCL) of April 4, 2011: “OCR strongly discourages schools from allowing the
parties personally to question or cross-examine each other during the hearing. Allowing an alleged perpetrator
to question an alleged victim directly may be traumatic or intimidating, thereby possibly escalating or
perpetuating a hostile environment.” DCL, p. 12.
B.
Federal Guidance includes the recent and previous Dear Colleague letters from the Office for Civil
Rights, as well as case law, statutes (e.g., Title IX, Sexual Assault Victims’ Bill of Rights), regulations,
and the Constitution. This outline focuses on the “Dear Colleague Letter: Sexual Violence,” (“DCL”)
issued April 4, 2011, by the U.S. Department of Education, Office for Civil Rights (Appendix B).
C. Summary of student conduct/due process/Title IX grievance procedural requirements applying to
sexual assault, relationship violence, and stalking cases:
1.
Both the respondent and the reporting party (victim/survivor) have due process rights. (see DCL,
p. 5) The respondent and reporting party each have the right to notice and an opportunity to
be heard.
2.
Campus must “adopt and publish grievance procedures providing for prompt and effective
resolution” of sex discrimination cases, including complaints of sexual violence. (DCL, p. 6).
Campuses “may use student disciplinary procedures … to resolve [sexual violence complaints].
Any procedures used to adjudicate complaints of sexual … violence, including disciplinary
procedures, however, must meet the Title IX requirement of affording a reporting party a
prompt and equitable resolution.”
3.
Campus must make a “prompt, thorough, and impartial inquiry” into all complaints, even if the
reporting party requests confidentiality/anonymity (DCL , p. 5) [why hostile environment
language removed? -- because didn’t seem appropriate in this training]
4.
Campus must make an “adequate, reliable, and impartial investigation of complaints, including
the opportunity for both parties to present witnesses and other evidence.” (DCL, p. 9) This
process must
a.
5.
Provide both parties an equal opportunity to present witnesses/information throughout a
Title IX investigation and/or hearing, including the opportunity for both parties to
i. present relevant witnesses (including character witnesses) and other information both
prior to and at any hearing,
ii. to review each others’ statements, lists of witnesses, documents, or other exhibits; and
iii. timely access to any information that will be used at the hearing. (DCL p. 10-11)
b. Disclose “any real or perceived conflicts of interest between the fact-finder or decisionmaker and the parties.”(DCL, p. 12)
c. Include “designated and reasonably prompt time frames” for the “major stages of the
complaint process.” The OCR DCL states, “a typical investigation takes approximately 60
calendar days following receipt of the complaint [but] whether … complaint resolutions
[are considered] to be timely … will vary depending on the complexity of the investigation
and the severity and extent of the harassment.” (DCL, p.12).
d. Include “periodic status updates” for both parties during the course of the grievance
procedure. (DCL, p.12)
Student conduct and/or Title IX cases may be resolved by agreement or by formal hearing.
a. “Grievance procedures generally may include voluntary informal mechanisms … for resolving
some types of sexual harassment complaints. … [T]he [reporting party] must be notified of
the right to end the informal process at any time and begin the formal stage of the
complaint process.” (DCL, p. 8)
b. If resolved by agreement, the agreement is between the University (generally, the student
conduct office) and the respondent. In most cases resolved by agreement, the respondent
admits responsibility for violating conduct standards and accepts sanctions.
c. Mediation should not be used to resolve sexual assault, relationship violence, or stalking
cases, and the victim should not be required to resolve the problem directly with the alleged
perpetrator (see DCL, p. 8).
6.
Any formal hearing, student conduct agreement, or Title IX early resolution must meet the
requirements of UC Policy, due process, and Title IX.
a.
Note: The DCL requires that “All persons involved in implementing ... grievance procedures
(e.g., Title IX coordinators, investigators, and adjudicators) must have training or experience
in handling complaints of sexual harassment and sexual violence, and in the [campus]
grievance procedures, … [including] applicable confidentiality requirements … In sexual
violence cases, the fact-finder and decision-maker also should have adequate training or
knowledge regarding sexual violence.” (DCL, p. 12)
b.
Student conduct cases must be adjudicated under the preponderance standard, i.e., is it
more likely than not that a violation occurred (required by UC Policies and DCL, pp. 10-11).
c. When there are safety concerns, immediate action may be taken, including interim
suspension or a stay-away order, even before an investigation or formal hearing (see UC
Policies Section 105.08 and DCL, pp. 15-16).
7.
The campus must offer remedies and assistance for the reporting party, and take interim action
if necessary and appropriate. “Title IX requires a school to take steps to protect the [reporting
party] as necessary, including taking interim steps before the final outcome of the investigation.
The school should take these steps promptly once it has notice of a sexual … violence allegation.
The school should notify the [reporting party] of his or her options to avoid contact with the
[respondent] and allow students to change academic or living situations as appropriate. For
example, the school may prohibit the [respondent] from having any contact with the [reporting
party] pending the results of the school’s investigation.” (DCL, p. 15; see also UC Policies
Sections 102. 13 [obstruction of disciplinary procedures]; 102.16 [failure to follow directions of
University official]; and 104.80 [written notice of University policies], Appendix A)
a. It is important to intervene as early as possible to prevent harm or escalation of the conduct.
“[I]f needed, schools must take immediate steps to protect the student in the educational
setting” (DCL, p.10). These can include “interim steps to ensure the safety and well-being of
the [reporting party] and the school community.” (DCL, p. 10).
b. In “taking steps to separate the [reporting party] and [respondent], a school should minimize
the burden on the [reporting party]” (DCL , p. 15) and “should not, as a matter of course,
remove [a reporting party] from classes or housing while allowing [a respondent] to remain.”
(DCL, p. 16) If circumstances warrant, a student may be placed on an Interim Suspension
under UC policy. If so, the suspended student may be immediately removed from classes
and on-campus student housing. See Appendix A for text of relevant sections, including
105.08 and 105.07. Absent interim suspension, both parties can be offered the option to
move and/or change classes.
1. NOTE that California Civil Code Section 1941.5 mandates that landlords change the locks
on a protected tenant’s unit within 24 hours after the tenant gives the landlord a written
request and a copy of a court order or police report that identifies the tenant as victim of
domestic violence, sexual assault, or stalking.
http://law.onecle.com/california/civil/1941.5.html If the landlord doesn’t change the locks
within 24 hours, the tenant may do so. Section 1941.6 provides that the locks must be
changed on request even if the person restrained from contact with a protected tenant is
a tenant of the same dwelling unit; the restrained tenant cannot sue the landlord and
must still pay his/her portion of the rent.
http://law.onecle.com/california/civil/1941.6.html. This law impacts how the campus
responds when the protected student lives on campus, especially if the restrained student
also lives on campus “in the same dwelling unit” (e.g., student family housing).
c. Finally, “schools should ensure that [reporting parties] are aware of their Title IX rights and
any available resources, such as counseling, health, and mental health services, and their
right to file a complaint with local law enforcement.” (DCL, p. 16) Schools should also take
steps against retaliation. (DCL, p. 16)
8.
All students involved in the conduct process, whether respondent, victim/survivor, or witnesses,
have rights to confidentiality and privacy, as well as rights to access records relating to
themselves as students. (UC Policies Applying to the Disclosure of Information from Student
Records, Section 130.00 et seq., UC Policies on Student Conduct and Discipline, The Family
Educational Rights and Privacy Act of 1974 (FERPA), the Clery Act, the California Constitution, the
California Information Practices Act, and the DCL).
a. Both parties receive prompt written notice of the final results/outcome of the complaint and
any appeal, including the violation found to have been committed, if any, and any sanctions
imposed against the perpetrator by the school. For purposes of Clery, “outcome” means the
institution’s final determination with respect to the alleged sex offense and any sanctions
imposed against the respondent. Both parties are kept informed not only of the outcome of
the student conduct matter, but also periodic “status” updates (DCL, p. 12), particularly with
respect to safety and preventing repeat violations (DCL, p. 13). The notice to the victim about
the outcome of the case is an exception to FERPA (DCL, p. 14).
b. The reporting party may be informed of certain actions or sanctions that pertain to her/him.
“FERPA permits a school to disclose to the [reporting party] information about the sanction
imposed upon a student who was found to have engaged in harassment when the sanction
directly relates to the harassed student [reporting party]. This includes an order that the
[respondent] stay away from the [reporting party], or that the [respondent] is prohibited
from attending school for a period of time, or transferred to other classes or another
residence hall. Disclosure of other information in the student’s ‘education record,’ including
information about sanctions that do not relate to the harassed student, may result in a
violation of FERPA.” (DCL, p. 13).
i. “FERPA limitations on redisclosure of information do not apply to information … required to
[be] disclose[d] under the Clery Act. ... [Colleges] may not require a complainant to abide by
a nondisclosure agreement, in writing or otherwise, that would prevent the redisclosure of
this information.” (DCL, p. 14)
c. California law restricts certain disclosures permitted under FERPA. FERPA authorizes public
release of certain information regarding the outcomes of cases where students are found to
have committed violations of University policy involving alleged violent crimes or a nonforcible sex offense. (DCL, p. 14)
i. California privacy laws restrict public release of information related to student conduct
cases. See: California Constitution Article I, Section I; California Information Practices Act,
California Civil Code Section 1798 et seq. UC Policies on disclosure of information relating
to student conduct cases reflect California law.
ii. UC Policy on Student Conduct and Discipline Section 104.70 states, “The results of any
disciplinary action by the University that alleged a forcible or nonforcible sex offense, as
defined in 34 CFR 668.46(c)(7), must be disclosed to both the alleged offender and the
alleged victim. The scope of information to be provided under this section shall be: (1) the
University’s final determination with respect to the alleged sex offense; and (2) any sanction
that is imposed against the alleged offender.”
iii. UC Policies Applying to the Disclosure of Information from Student Records Section
130.721 states: “… Personally identifiable information from student records may not be
disclosed without the prior written consent of the student, other than to the following
parties and under the following circumstances: j. To the alleged victim of an alleged
forcible or nonforcible sex offense, as defined in 34 CFR 668.46(c)(7). The scope of the
information to be provided is: 1) the University's final determination with respect to the
alleged sex offense, and 2) any sanction that is imposed against the alleged offender.”
III. STUDENT CONDUCT VS. CRIMINAL ACTIONS
A. The University can review, investigate, convene hearings, and impose sanctions for the same acts
that are the subject of criminal action. See University Policy on Student Conduct and Discipline,
Section 104.10: “Chancellors may impose discipline for violations of University policies or campus
regulations whether or not such violations are also violations of law, and whether or not proceedings
are or have been pending in the courts involving the same acts.”
B. The University should not wait for the conclusion of a criminal investigation/proceeding to begin or
conclude their own investigation and hearing process (grievance or student conduct) that meets Title
IX standards “Schools should not wait for the conclusion of a criminal investigation or criminal
proceeding to begin their own Title IX investigation and, if needed, must take immediate steps to
protect the student in the educational setting. For example, a school should not delay conducting its
own investigation or taking steps to protect the [reporting party] because it wants to see whether the
alleged perpetrator will be found guilty of a crime. ...” (DCL, p. 10)
C.
University rules are not the same as criminal statutes; they are broader and set higher standards of
conduct. This means, for example, that a student may be sanctioned for acts that are not subject to
arrest and prosecution, such as sexual harassment or violation of a campus stay-away order or
student conduct agreement. (DCL, p. 10; see Appendix C for additional information)
D. “…[C]onduct may constitute both sexual harassment under Title IX and criminal activity. … [Because]
the standards for criminal investigations are different [from Title IX investigations], police
investigations are not determinative of whether sexual harassment or violence violates Title
IX. Conduct may constitute unlawful sexual harassment under Title IX even if the police do not have
sufficient evidence of a criminal violation. In addition, a criminal investigation into allegations of
sexual violence does not relieve the school of its duty under Title IX to resolve complaints promptly
and equitably.” (DCL, p. 9-10)
E. Implications for campus procedures and practices:
1. Inform the reporting party of her or his right to make a police report at any time or stage of the
proceedings. (DCL, p. 10)
2. Inform both parties of their rights under campus policies and procedures, and inform both
parties of campus and other resources available to them.
3. Regardless of whether there is a police investigation, the University should promptly proceed
with a Title IX review and/or student conduct process consistent with campus policy. (DCL, p. 10)
4. Although evidence gathered by law enforcement as part of a criminal investigation may not be
available to the campus either at all or in a timely fashion, it is appropriate to request the
information.
a. The lack of such information does not relieve the campus of responsibility for doing its own
factual review and conduct process based on the information available under University
procedures.
b. A conduct hearing is not a court of law and the respondent is not in jeopardy of criminal
sanctions as a result of a University administrative process. Thus, the campus can rely on
witness statements or other information in making reasoned decisions.
c. Physical records or objects such as forensic medical exam reports, transcripts/copies of
pretext phone calls, police reports, or other evidence collected by police are NOT required for
a valid campus review of the complaint and/or conduct hearing. Similarly, an allegation that
a student cheated by altering an exam does not require that the campus present testimony
from a forensic expert about his/her investigation and scientific findings on the nature of the
document and any alleged changes.
IV. DEFINITIONS/STANDARDS OF CONDUCT
A. Systemwide definitions of misconduct (including but not limited to Sections 102.08 (physical abuse,
threats of violence, and conduct that threatens health and safety); 102.09 (harassment); and 102.10
(stalking) can be used or adapted by campuses.
B. The subcommittee is developing suggested updates/changes to systemwide definitions for review.
C. Campuses should use their own definitions and standards of conduct within the context of systemwide
definitions.
D. The University and campuses should take into account guidance from the DCL, p. 7: “OCR recommends
that …nondiscrimination polic[ies] state that prohibited sex discrimination covers sexual harassment,
including sexual violence, and … include examples of the types of conduct that it covers.” Example
definitions of sexual assault from OCR:
1.
Sexual assault includes any touching of a sexual nature that is unwelcome or where there is no
consent. “Unwelcome” is defined in the 2001 OCR Title IX guidelines: “Conduct is unwelcome if
the student did not request or invite it and regarded the conduct as undesirable or offensive.’ ...
Acquiescence in the conduct or the failure to complain does not always mean that the conduct
was welcome. ... For example, a student may decide not to resist the sexual advances of another
student or may not file a complaint out of fear. ... The fact that a student may have accepted the
conduct does not mean that he or she welcomed it. ... Also, the fact that a student willingly
participated in conduct on one occasion does not prevent him or her from indicating that the
same conduct has become unwelcome on a subsequent occasion....” This definition is based on a
sexual harassment model.
2.
From OCR 2011 Dear Colleague Letter “...[S]exual violence means physical sexual acts
perpetrated against a person’s will or where a person is incapable of giving consent due to the
victim’s use of drugs or alcohol. An individual also may be unable to give consent due to an
intellectual or other disability. … [S]exual violence [includes] rape, sexual assault, sexual battery,
and sexual coercion. All such acts of sexual violence are forms of sexual harassment covered
under Title IX.” (DCL, p. 1-2)
V. STUDENT CONDUCT PROCEDURES – EACH CAMPUS PROCEDURE NEEDS TO COVER [and all training should
include] THESE ISSUES:
A.
B.
C.
D.
E.
Who can report? Can a campus official or outside party (e.g., local police) file complaints on behalf of a
victim/survivor? From DCL, p. 4: “Regardless of whether a harassed student, his or her parent, or a
third party files a complaint under the school’s grievance procedures, or otherwise requests action on
the student’s behalf, a school that knows, or reasonably should know about possible harassment must
promptly investigate to determine what occurred and then take appropriate steps to resolve the
situation.”
State whether anonymous or confidential reports can be made and, if so, how such reports are
handled. Note OCR comments regarding situation where the [reporting party]/victim wants to remain
anonymous/does not want the respondent informed or the matter investigated (DCL, p.5):
1. “Schools …should inform and obtain consent from the [reporting party]… before beginning an
investigation.
2. “ If the [reporting party] requests confidentiality or asks that the complaint not be pursued, the
school should take all reasonable steps to investigate and respond to the complaint consistent with
the request for confidentiality or request not to pursue an investigation.
3. “ If a [reporting party] insists that his or her name or other identifiable information not be disclosed
to the alleged perpetrator, the school should inform the [reporting party] that its ability to respond
may be limited.”
4. The [reporting party] should also be informed that “Title IX prohibits retaliation,” that the school
will “take steps to prevent retaliation [and] also take strong responsive action if it occurs. … The
school [will] evaluate [the request for confidentiality] in the context of its responsibility to provide a
safe and nondiscriminatory environment for all students,” weighing the request for confidentiality
“against the seriousness of the alleged harassment,” “whether there have been other complaints
against the [respondent],” and “the [respondent]’s rights to obtain information about the
allegations” if an education record is maintained.
5. “The school should inform the [reporting party] if it cannot ensure confidentiality.”
6. “Even if the school cannot take disciplinary action against the [respondent] because the [reporting
party] insists on confidentiality, it should pursue other steps to limit the effects of the alleged
harassment and prevent its recurrence.”
Clarify the time limits for filing a complaint under your campus policies. Are there any exceptions?
Make sure your off-campus jurisdiction policies are clearly stated. For example, does your campus
have jurisdiction over off-campus conduct that threatens health, safety, or security of property such as
sexual assault, domestic violence, and stalking. If so, when and under what conditions is there
jurisdiction? From DCL, p. 4: “Schools may have an obligation to respond to student – on student
sexual harassment that initially occurred off school grounds, outside a school’s education program, or
activity. If a student files a complaint with the school, regardless of where the conduct occurred, the
school must process the complaint in accordance with its established procedures. Because students
often experience the continuing effects of off-campus sexual harassment in the educational setting,
schools should consider the effects of the off-campus conduct when evaluating whether there is a
hostile environment on campus.”
Ensure that your policies give the respondent and the reporting party and/or victim/survivor the same
rights to be present during the hearing and/or to be accompanied by an advisor or advocate of
his/her choice. If so, what kinds of advising/representation can the [reporting party] and respondent
have or use? From DCL, p. 12: “While OCR does not require schools to permit parties to have lawyers
at any stage of the proceedings, if a school chooses to allow the parties to have their lawyers
participate in the proceedings it must do so equally for both parties. …. Any school… restrictions on
the ability of lawyers to speak or otherwise participate in the proceedings should apply equally. OCR
strongly discourages [schools] from allowing the parties personally to question or cross-examine each
other during the hearing.”
F.
Ensure that the reporting party and the respondent have equal opportunities to present witnesses and
other information during investigations/pre-hearing meetings/hearings: From 4/4/11 DCL:
“Throughout a …Title IX investigation, including … any hearing, the parties must have an equal
opportunity to present relevant witnesses and other evidence. … [Both parties] must be afforded similar
and timely access to any information that will be used at the hearing. … a school should not conduct a
pre-hearing meeting during which only the alleged perpetrator is present and given an opportunity to
present his or her side of the story, unless a similar meeting takes place with the [reporting party]
…” Both should have equal opportunity to present character witnesses and review each other’s
statements.
G. Under what circumstances may the campus take interim action, and what actions may be taken? E.g.,
Stay-away order prohibiting respondent from contacting reporting party, interim suspension, entering
an interim student conduct agreement with the respondent, notice of policies/standards of
conduct. (See II C 8 above)
H.
What kinds of assistance/counseling/educational/housing adjustments are available to the reporting
party? The respondent? What happens if they work or live near each other or have the same classes?
I.
Can cases be resolved by agreement, or is a formal hearing required? If agreement is possible, who
acts for the University? Is the reporting party’s/victim’s advocate consulted or notified about the
negotiations? Who makes the decisions (administrator, hearing panel, hearing officer)? What training
is given to judicial officers, deans, investigators, hearing panels, hearing officers? Who does the
training?
J.
Who imposes sanctions? What sanctions are used? Are there pre-determined or indeterminate
sanctioning (e.g., a prescribed sanction for certain offenses)? What factors are used in determining
sanctions?
K. When is an investigation conducted? What are the factors used to determine if investigation should be
conducted? Who does the investigation? Who receives the report? What happens next? How is the
report used, if at all, in the student conduct process? Is there more than one kind of investigation?
L.
Are there limitations on information that can be introduced? (e.g., hearsay, redundant or repetitive
information, past sexual conduct, alcohol use, other?)
M.
Is the reporting party required to face the respondent in person & undergo cross examination by the
respondent? May a screen (to block the reporting party from the respondent’s view and visa versa)
or remote technology be used? "OCR strongly discourages [schools] from allowing the parties
personally to question or cross-examine each other during the hearing.” (See DCL, p. 12)
N. Can hearings be open to others or to the public, or are they always closed? If they can be open, under
what conditions? What about parents, fraternity/sorority friends, teammates, etc.?
O. Ensure that some record of the hearing is made and retained. Who has access? What kind of record?
[See UC systemwide requirements]
P.
Is there a written decision? Who writes it? Are there requirements for what the decision must
contain? [See UC systemwide requirements.]
Q.
Do both parties have rights of appeal? Under what conditions? Who receives/reviews the appeal?
R.
See summary of hearing procedures in Appendix D.
VI. DYNAMICS OF SEXUAL VIOLENCE
Understanding the facts and dynamics of sexual violence makes us more effective investigators and
adjudicators
A. Facts about sexual assault on U.S. campuses
1. Most offenders are known to the victim
2. Most assaults include little or no physical injury
3. Most assaults do not involve a weapon
4. Most assaults involve alcohol/drug use
5. Reports made to authorities are commonly delayed
a. Range is from one week to more than one month
6. False reports of sexual assaults are no greater than false reports of other crimes
a. Methodologically rigorous research has found 2 – 8 % of sexual assault reports are false
7. Prevalence
a. A number of studies since 1985 have found that between one-quarter and one-fifth of college
women are sexually assaulted over a college career.
b. For a campus with 10,000 women, the number of sexual assaults could exceed 350 each year.
c. The 2007 Campus Sexual Assault Study found that 19% of females and 6.1% of males reported
experiencing attempted or completed sexual assault since entering college, but the researchers
believe that “the true rate of sexual assault during the entire college experience is likely higher.”
8. Rates of reporting to law enforcement
a. Several studies confirm reporting rates of 5% or less for female college students who are victims of
sexual assault
9. Why survivors don’t report
a. Don’t want anyone to know
b. Unclear that it was a crime; unsure what to call it
c. Afraid of reprisal by assailant
d. Fear of being treated poorly by police
e. Did not think anything could be done
f. Didn’t remember exactly what happened
g. Felt partially responsible
10. Location of assaults
a. Most common: off campus at parties, on and off campus at the residences of the victim and
perpetrator, and fraternity houses
2007 Campus Sexual Assault Study: http://www.ncjrs.gov/pdffiles1/nij/grants/221153.pdf
2000 The Sexual Victimization of College Women: http://www.nij.gov/pubs-sum/182369.htm
National Center for Prosecution of Violence Against Women:
http://www.ndaa.org/pdf/the_voice_vol_3_no_1_2009.pdf
C. Characteristics associated with trauma
1. Unique and unpredictable (examples: car accident; death in the family; earthquake)
2. Disorganization of time
3. Memory distortions
4. Rape Trauma Syndrome (RTS) and PTSD (Post Traumatic Stress Disorder)
a. Survivors of sexual violence experience a psychological impact although it is impossible to predict
how an individual will be specifically affected
b. The collection of effects that might be experienced is called Rape Trauma Syndrome
c. Some survivors may develop long-term reactions which are diagnosed as Post Traumatic Stress
Disorder
5. When considering the reporting party’s behavior, don’t assume that there is a “right way” to react
to a sexual assault.
Victim Responses to Sexual Assault: http://www.ndaa.org/pdf/pub_victim_responses_sexual_assault.pdf
D. The Life of a College Student
1. Alcohol, drugs and parties
2. Sex – good, bad, or regretted - it’s not the same as sexual assault
3. Trust, assumptions
a. “We are all students; we all have the same goals and intentions”
4. Expectations, desires
a. to be coupled
b. to be liked, accepted, popular
5. The Undetected Rapist within the University Environment, Dr. David Lisak
a. Research done with college and college-age men who self-identified as perpetrators of sexual
violence
b. These men admitted to multiple perpetrations of sexual violence
c. None were reported to law enforcement
d. They described specific tactics for choosing victims and facilitating the violence
e. The victims were all known to them
The Undetected Rapist: http://www.innovations.harvard.edu/cache/documents/1348/134841.pdf
E. Dynamics of abusive relationships
1. Abuse takes many forms: physical, verbal, emotional, sexual
2. Cycle of Violence / Why people stay
a. The abused member of the couple may feel:
“It’s my fault” or, “it’s my duty to stay and make this work.”
Love for the abuser (these relationships are not all abuse, all the time)
Societal expectation to be in a couple
Low self-esteem and fear that they can’t attract anyone else
b. The abuser / primary aggressor may feel:
Treating a partner in this way is normal and appropriate
Justified in blaming his/her behavior on the other person
c. The pattern of abuse has cumulative effects on both people over time. What seems unusual or
abusive to someone witnessing or hearing about it may have become ordinary to the couple.
d. Abusive people can be charming and manipulative
3. Same sex intimate partner violence occurs at the same rate as opposite sex
4. Even with younger students, these relationships may have been going on for many years.
5. Abuse is often reported by roommates and friends and the problem is denied or minimized by the
victim as well as the abuser
F. Dynamics of Stalking
1. What we know about stalking on U.S. campuses
a. More than 80% of women who were stalked on campus knew their stalker
b. Men are stalked as often by a male as by a female
c. Most stalkers are an ex, or for men, the ex of their new partner
d. Other common relationships are an acquaintance from a class or club
e. Student stalkers have a lot of time and ability to access information about the target
f. There are many opportunities for “accidental” encounters on a campus
g. Social networking facilitates learning about someone
h. The problem may be dismissed or minimized for a long time
2. Victim Impact
a. Targets of stalking change their routines, including phone numbers, email addresses, residence,
classes, routes to and from campus
b. The loss of control and disruption to everyday life can cause anxiety, hyper-vigilance, depression,
insomnia
3. Stalker behavior
a. Stalking behaviors are unpredictable
b. Stalkers are obsessive and manipulative
One source for extensive information on stalking is the National Stalking Resource Center:
http://www.ncvc.org/src/Main.aspx
G. Advocacy
Advocacy is widely accepted as important for the reporting party in sexual violence cases due to the
stigma continuing to surround these incidents and the difficulty in reporting
1. The goal is to assist the student in identifying concerns or obstacles, go over all options, and allow the
student to make informed decisions that are best for their individual needs.
2. Responsibilities of Victim Advocate
a. Provide consistency and emotional support for victim in process
b. Connect Victim to Information and Resources
Note: California Education code 67385 requires campuses to have procedures for ongoing case
management, including procedures for keeping the victim informed of the status of any student
conduct proceedings in connection with the sexual assault, and the results of any disciplinary action or
appeal.
VII. INFORMATION AND CREDIBILITY
A. Kinds of information:
1. Oral statements (e.g., eyewitnesses, other witnesses, experts, investigators, or character
witnesses)
2. Written statements (same)
3. Physical objects and other kinds of records (e.g., a handwritten note, text messages or voice mail
recorded on cell phone, or results of a medical exam)
4. Documents (e.g., court or medical records, diagrams)
B. Information can be Direct or Circumstantial:
1. Direct information may be eyewitness testimony, but it could be a photograph or other direct
“proof.” If credible, direct information establishes the fact one is trying to prove. A witness
statement that s/he saw the respondent at the scene provides direct support for the finding that
the respondent was there.
2. Circumstantial information requires an inference; one needs to infer the fact one is trying to prove
(we infer that the respondent was present at the scene because there are footprints matching his
shoes, but no one saw him).
3. Hearsay is permitted in student conduct hearings. Hearsay is simply statements made by one
person about statements they heard from someone else.
C. To evaluate information, ask three questions:
1. Is the information relevant? Is it related to the matter at issue and to what the party is trying to
prove? If the footprints were found in dried mud, it may be relevant whether the respondent’s
shoes match the imprints. Where the shoes were purchased is probably not relevant.
2. Is the information credible? How believable is it? This doesn’t necessarily have to do with the
honesty and consistency of a witness’s testimony, although it may. It can also depend upon
accuracy or other factors, e.g., does the witness have 20-20 eyesight or poor vision?
3. Is the information convincing? How strongly does it convince you of what the party is trying to
prove? The fact that a witness wears glasses doesn’t necessarily undercut the strength of her
testimony about what she saw, unless she wasn’t wearing her glasses at the time. If she wasn’t
wearing her glasses, then her eyewitness testimony has less value.
D. Information is relevant when, if true, it supports/proves, or undermines/disproves, any disputed fact
that is of consequence to the determination of the case.
1. Information can be
a. Relevant to an actual issue or action
b. Relevant to credibility of a witness or information
2. Important Considerations: efficiency and fairness
3. Test for Relevance
a. What facts are you trying to prove/determine?
b. Does the information help prove or disprove the fact?
c. Is the fact important in deciding the case?
E. Credibility: “Credibility determination is neither an exact science nor a purely rational process.”
1. Even in a situation where it appears to be one person’s word against another’s, it is very rarely a
“draw,” as one person usually comes across as more credible than the other, or there is some
kind of corroborative information.
2. If it IS a complete draw, then need to fall back on the fact that the student is presumed innocent
unless proven “in violation,” and that the University has the burden of proof.
3. Don’t jump to conclusions based on your expectations. The decision is not based on your
experiences.
4. Remember, the credibility of both parties is at issue, not just the reporting party. Review the
behavior and statements of the respondent as well as those of the reporting party.
5. Inconsistency may or may be important, depending on several factors; is there is a reasonable
explanation, is the point significant or trivial, etc. Just because a witness’s statement may vary
over time (e.g., reporting party’s or respondent’s statement to police vs. what he/she says during
a hearing weeks or months later), that does not compel a conclusion that the witness is lying. Is
the variation something, for example, that might have resulted from memory lapse? Similarly,
too much consistency could mean the story is rehearsed or memorized.
6. There are no “perfect’ victims (or witnesses) (who say all the right things, know all the right
answers, and fulfill the stereotype of what a “victim” should be)
7. There are no “perfect” perpetrators (who fulfill every stereotype of what a rapist/predator is)
VIII. STUDENT CONDUCT SANCTIONS, REMEDIES, AND ADMINISTRATIVE ACTIONS
A. Sanctions include the following:
1. Dismissal – termination of student status for an indefinite period; student may not re-enroll in any
UC campus without the Chancellor’s approval.
2. Suspension – termination of student status for a specified period, with reinstatement thereafter
certain.
3. Exclusion from areas of the campus.
4. Delay of graduation – delaying the award of a degree after a student has completed all
requirements.
5. Deferred/delayed/suspended sanctions – a delay in imposing a Suspension or Dismissal on condition
that the student agrees to waive the right to a formal fact-finding hearing if referred again for
suspected misconduct (still has the right to the informal hearing process).
6. Probation – status imposed for a period during which a student must demonstrate conduct that
conforms to University standards of conduct; may include conditions and restrictions on the
student’s privileges or eligibility for activities.
7. Loss of privileges or exclusion from activities.
8. Assignment of tasks, restitution
B. Remedies and Administrative Actions include the following:
1. Interim Suspension. Differs from other sanctions because it is imposed before a hearing. The
student is restricted “only to the minimum extent necessary;” time period is limited pending a
hearing/agreement. If Interim Suspension was imposed in error, the University makes reasonable
efforts to assist if the student has been disadvantaged in employment or academically.
2. Stay-away order prohibiting accused from contacting reporting party. No finding of violation is
necessary to impose order, but cannot require the accused to move or to switch classes
involuntarily to enforce a stay-away order unless and until the matter has been
investigated/adjudicated and the accused has admitted or been found in violation.
3. Holds on Registration, transcripts, graduation, or diploma. If the incident occurred while the
student is enrolled/eligible to return but school is not in session, or if the accused does not
respond to the conduct office, holds may be placed on the student’s registration, transcripts,
graduation, or diploma.
4. Notice of University Conduct Standards.
5. Exclusion from Housing because of a rental contract violation (if there has been a contract violation)
C. Aggravating factors applied in determining sanctions. Any one of these aggravating factors is
sufficient to warrant Suspension for at least one quarter; the more aggravating factors that are
present, the more severe the sanction:
1. Illegal conduct
2. Premeditation/intent
3. Gravity of the offense
4. Conscious disregard for the rights and welfare of others
5. Prior or multiple offenses
Note: In cases where a violation such as sexual assault, domestic/dating violence, or stalking is determined
to have been committed, one or more of the aggravating factors will usually apply.
APPENDICES:
Appendix A
University of California Policies Applying to Campus Activities, Organizations, and Students; Policy on Student
Conduct and Discipline
Appendix B
“Dear Colleague Letter: Sexual Violence,” (“DCL”) issued April 4, 2011, by the U.S. Department of Education,
Office for Civil Rights
Appendix C
Information regarding educational purposes of college conduct processes and differences between student
conduct procedures and criminal courts
Appendix D
Summary of formal hearing procedures/hearing script with handout on questioning witnesses.