The procedure below outlines the College’s procedures for responding to complaints of sexual assault and harassment by a current student against another current student or a faculty or administrative staff member against a current student (meaning either an undergraduate or graduate student).

Faculty members or administrators who receive complaints of sexual assault or harassment by a student against another student should contact Health Services.

All College employees, with the exception of certain Health Services staff members listed in Section I.B below, are required to notify the Yonkers police of a charge of rape or assault that constitutes a violent felony under the New York State Campus Safety Act. For further information or advice with respect to this obligation, the employee should contact the Director of Security.

I. Initiating the Process

1. A student who believes that she/he has been sexually harassed or sexually assaulted by another student should immediately speak with the Director of the ACCESS Program or another member of the Health Services staff. In addition to providing counseling, the staff member will discuss the student’s options including bringing the case before the Sexual Assault/Harassment Panel and filing charges with the local police.

2. Any college employee, with the exception of certain Health Services staff members listed below, who is made aware of a charge of rape or assault that constitutes a violent felony under the New York State Campus Safety Act, must notify the Yonkers police, regardless of whether a formal charge is filed by the student involved. Therapists, nurses, doctors and the Director of the Access Program in Health Services may keep confidential and privileged all conversations with the student.

3. If the student chooses to file a formal complaint leading to a Sexual Assault/Harassment Hearing, she/he must provide a written statement of the charges to the Director of Human Resources who acts as Hearing Officer. There is no deadline for filing complaints, but in order for a hearing to occur both parties must be currently enrolled at the College throughout the hearing process. The College, however, encourages any student who wishes to file a complaint to do so promptly.

4. A student who has a formal complaint filed against her/him will be provided a copy of that complaint and will be required to file a written response within a reasonable time frame, as determined by the Hearing Officer.

5. Unwanted contact between the parties after a charge has been filed may result in disciplinary action by the College.

6. The Hearing Officer will consult with the Dean of Studies and Student Life, who will in turn consult with appropriate members of his/her staff to determine whether the respondent may be a danger to the community. If it is determined that the respondent may be a danger to the community the Dean of Studies and Student Life will take such actions as she/he determines appropriate for campus safety until the case is decided.

7. The College reserves the right to pursue any case as a disciplinary action regardless of whether the complainant files a formal charge.

8. In the case of a complaint of Sexual Harassment only, if both parties agree, the Hearing Officer will arrange for mediation to occur. If sexual assault is part of the charge, mediation will not be made available. In the case of mediation, the Hearing Officer will inform the respondent in writing of the charges against him/her and require a written response to the charges. The Hearing Officer will choose one trained mediator from among the Studies and Student Life staff members. Mediation normally will begin within one week of the respondent’s receipt of the charges. The goal of mediation is an agreement between the two parties resolving the matter between them. That agreement may include a specific action or action(s) to be taken or refrained from on the part of the respondent. At the conclusion of a successful mediation process, both the complainant and the respondent will sign a statement that they are satisfied with the outcome and regard the matter as resolved between them. If the complainant believes the mediation process was unsuccessful, she/he may choose to bring the complaint before the Sexual Assault/Harassment Hearing Panel.

II. Composition of the Sexual Assault/Harassment Hearing Panel

1. The Panel will be chaired by the Director of Human Resources or her/his designee who will serve as the Hearing Officer. The Hearing Officer has the responsibility of constituting the Panel and ensuring that both students’ rights under these Procedures are honored and that the hearing procedures are followed. The Hearing Officer serves as recipient of the complaint, convener of the Panel, disseminator of the Panel’s decisions and custodian of the Panel’s records. The Hearing Officer will be present for the hearing but not for the deliberations of the Panel; however, the Panel may call her/him during the deliberations to answer questions about process or precedent or other pertinent matters.

2. The Panel will be composed of three members of the Sarah Lawrence College non-student Community: two staff members from the areas of Studies and Student Life and one faculty member. The Dean of Studies and Student Life will appoint a pool of at least five staff members from whom the Hearing Officer will choose two. General Committee will appoint a pool of at least five faculty members from whom the Hearing Officer will choose one. The College provides training to members of the staff and faculty pools once annually, usually at the beginning of the academic year, on issues related to sexual harassment/assault and to service on a hearing panel. Potential panel members may be excused from a hearing in the event of a conflict of interest, lack of availability or other valid reason, as determined by the Hearing Officer.

III. Hearing Procedure

1. The respondent and the complainant have the right to have an advisor present throughout the hearing procedure. The advisor must be a member of the Sarah Lawrence College community, i.e. a don, faculty member, administrator or student. Advisors may not be members of the Health Services staff. The Hearing Officer will provide the advisors with a copy of the hearing procedures and a description of the advisor’s responsibilities. At the request of either party, prior to the hearing, the Hearing Officer may schedule a meeting with the party and his/her advisor to answer questions and review the procedures. Reasonable efforts will be made by the Hearing Officer to have the hearing take place in a timely manner.

2. The respondent and the complainant may bring witnesses to the hearing to support their accounts. Each party is limited to a maximum of two character witnesses (who can only speak of character issues) but may bring unlimited witnesses who have direct knowledge of the event under investigation. The Panel may also call witnesses to the hearing.

   The parties must supply the Hearing Officer with contact information, including names, phone numbers (if possible), mailing and e-mail addresses of their advisor and witnesses. Witnesses will be sent a description of their role and responsibilities in the hearing and must provide to the Hearing Officer a written statement as to the information they can provide with respect to the matter, which is the subject of the complaint. The Hearing Officer will establish a deadline for the submission of statements and other evidence. Party and witness statements and evidence (or reports thereof) will be distributed to the Panel and to both parties. The Hearing Officer will determine the admissibility of late statements and evidence. If statements or evidence is submitted after the deadline, and such statements or evidence is relevant and there is good reason for the delay, all as determined by the Hearing Officer, the hearing may be rescheduled to allow both parties and the Panel time to review the new information.

   Witnesses are expected to be present for the hearing. Written statements in lieu of a personal appearance will be approved only if there is good reason preventing the witness from being present, as determined by the Hearing Officer. Witnesses shall be in the hearing room only during the time they are speaking. Witnesses will not read their statements at the hearing but will answer questions on the statements from the panel and the parties.

3. The Hearing Officer will make every reasonable effort to secure a space for the hearing that is appropriate, confidential and provides sufficient place for the parties to confer and the witnesses to wait. If at all possible, the President’s House will be used for the hearings.

   Every reasonable effort will also be made to create an appropriate and non-threatening seating arrangement for the parties and the Panel, taking into account the sensitive nature of the hearing and the sensibilities of the parties.

4. The complainant, the respondent and their advisors have the right to be present to hear all of the testimony presented to the Panel. The hearing shall be closed to all but the Hearing Officer, the Panel, the complainant, the respondent, the advisors of both the complainant and respondent and the witnesses during their interview.

5. All speakers must be recognized by the Hearing Officer prior to their speaking. No interruptions will be tolerated.

6. Questions by either party for the other party will be directed through the Hearing Officer. Questions by either party for witnesses may be asked directly of the witness.

7. The Hearing Officer will determine whether questions are irrelevant or otherwise inappropriate. The Hearing Officer’s decision on such matters will be final.

8. The Hearing Officer will allow brief breaks at the request of either party. The Hearing Officer will determine the reasonableness of requests for breaks.

9. The sole role of the advisor during the hearing is to provide support and advice to the student for whom he/she is acting as advisor. The advisors may not ask questions of the parties or the witnesses and may not speak to the Panel.

IV. Order of Business

1. Introductions by the Hearing Officer
2. Hearing Officer explains the process
3. Opening statement by the complainant
4. Opening statement by the respondent (Either party may waive reading of the opening statement if they desire)
5. Panel questions complainant
6. Panel questions respondent
7. Witnesses are brought in one at a time
8. Complainant may question complainant’s witnesses
9. Respondent questions complainant’s witnesses
10. Panel questions complainant’s witnesses
11. Respondent may question respondent’s witnesses
12. Complainant questions respondent’s witnesses
13. Panel questions respondent’s witnesses
14. Complainant asks questions of the respondent, through the Hearing Officer
15. Respondent asks questions of the complainant through the Hearing Officer
16. Further questions from the panel
17. Final statement by the complainant
18. Final statement by the respondent
19. Dismissal of parties and advisors
20. Deliberation by the panel

V. Deliberation and Decision

Upon completion of the hearing, deliberations will begin. The Panel will deliberate until a decision is reached, if practicable. Otherwise, the Panel will reconvene as soon as practicable therefore and shall devote such time as is reasonable to reaching a decision. Failure to reach a two-thirds vote in favor of the complainant will be considered a decision for the respondent.

VI. Sanctions

The Panel may impose one or more of the following:

For a finding of Sexual Harassment:

1. Written Warning to be placed in the student’s disciplinary file
2. Social Probation as defined in the Social Discipline Policy, which may include restrictions from particular buildings, areas of campus and/or college activities
3. Suspension from Residential Living
4. Expulsion from Residential Living
5. Suspension from the College*
6. Dismissal from the College*

For a finding of Sexual Assault:

1. Social Probation as defined in the Social Discipline Policy, which may include restrictions from particular buildings, areas of campus and/or college activities
2. Suspension from Residential Living
3. Expulsion from Residential Living
4. Suspension from the College*
5. Dismissal from the College*

*Any ruling that involves the interruption of a student’s academic career (suspension or dismissal) must be made in the form of a recommendation to the Dean of Studies who will make the final decision.

VII. Other Outcomes

In addition to the sanctions imposed in Section VI, the panel may require the respondent to undergo a psychiatric assessment. Recommendations made as part of the psychiatric assessment must be followed; failure to do so may affect the student’s continuation at the College, as determined by the Dean of Studies.

VIII. Record of the Hearing

1. Copies of all statements and evidence will be given to the members of the Panel and to all parties before the hearing. If a new statement or evidence is introduced at the hearing and the Hearing Officer determines that it is relevant and that its belated introduction was for good reason, the Hearing Officer may admit the statement or evidence and may grant a recess to provide the parties and the Panel an opportunity to review the statement or evidence.

2. An audiotape of the hearing will be made for the use of the Panel, the Appeals Committee, the parties to the case and, if necessary, the President of the College. Parties to a case may listen to the tape with a representative of the College present. Notes may be taken, but copies of the tape cannot be made.

3. Notification of the Panel’s decision will be made via a letter written by the Hearing Officer. Copies of the letter will be sent to the complainant, the respondent, the Dean of Studies and Student Life, the Associate Dean of Student Affairs (for placement in the student’s disciplinary file) and the Dean of the College (for purposes of an appeal). If the Dean of Studies knows that there is a prior sanction for the respondent, she/he may increase the severity of the Panel’s sanction.

4. Once the respondent has graduated from the College, the Hearing Panel’s letter of decision will be removed from the student’s disciplinary file. In all other circumstances, the letter of decision will remain in the file. The Panel’s file will retain only the original complaint, the letter of decision written by the Hearing Officer and the letter of decision of the appeal, if there is one. The College may also elect to keep separate records of the dispute (and to retain statements, evidence, the audiotape and all other pertinent materials) if the College determines that there is an appropriate reason to do so.

IX. Appeal

1. Either party may appeal the decision of the Sexual Assault/Harassment Hearing Panel to the Dean of the College.

2. The appeal must be made in writing within five working or class days of receiving the Sexual Assault/Harassment Hearing Panel’s letter.

3. An appeal is not a rehearing of the evidence. It is to determine whether the procedures were followed appropriately and accurately and whether the sanction imposed, if any, was suitable. The appeal may also consider newly discovered evidence, but only if the Appeals Committee determines that such evidence is not only relevant, but also was truly not available at the time of the hearing. The Parties will not be present at the meeting of the Appeals Committee.

4. Records of the hearing, including the audiotape, will be made available to the Dean, who will select two members of those eligible to serve on the Panel (who were not used in the original hearing) to form with herself/himself a three-member Appeals Committee. The Appeals Committee will review the Sexual Assault/Harassment Hearing Panel procedures in the appealed case, the relevance of any new evidence found to be admissible in the appeal and the suitability of the sanction to the violation, make a decision and notify the parties, the Panel and the Dean of Studies and Student Life by letter. In appropriate circumstances, as determined by the Appeals Committee, the matter also may be returned to the Hearing Panel for reconsideration or scheduled for a new hearing. Failure to reach a two-thirds vote in favor of the party who brought the appeal will be considered an affirmation of the Panel’s original decision.

X. Confidentiality of the Hearing

The Hearing Officer will instruct the Panel members, complainant, respondent, advisors and witnesses to maintain the confidentiality of the hearing.

Federal law limits disclosure by the College or its agents of information concerning a student without the student’s written authorization. The law does permit the College to clarify or correct erroneous information already in the public domain. The decision to do so is made by the College on a case-by-case basis in light of all the circumstances.

*The hearing panel reserves the right to broaden or lessen any range of punishments or recommended sanctions in the case of serious mitigating circumstances or egregiously offensive behavior. Neither the hearing panel nor any appeals panel or officer will deviate from the range of recommended sanctions unless compelling justification exists to do so.