Judicial
Affairs

Sexual Misconduct Hearing Process

Sexual Misconduct Hearing Board

In addition to any criminal or civil remedies available, the violation of federal, state, local laws or St. Mary's College of Maryland policy regarding sexual misconduct, students or student organizations will be subject to the campus judicial system.  The Sexual Misconduct Hearing Board shall hear complaints made by any student, member, student organization or guest of the College community involving violations as set forth in Article II of this Code.

These are not criminal proceedings, and they do not determine the criminal guilt or innocence of the accused.  Any member of the College community choosing to pursue a sexual misconduct or intimate partner violence Judicial Hearing against another student must file a report with Public Safety following the incident. Any student choosing to pursue a sexual harassment Judicial Hearing against another student must file a report with the judicial affairs officer. After filing the report, the complainant must inform the judicial affairs officer of his or her desire to have a Judicial Hearing. An assigned public safety staff will conduct a full investigation of the formal complaint(s). This full investigation is not limited to but may include the questioning of all parties involved (complainant, respondent, and direct witnesses) and evidence collection. If an interim suspension is determined necessary at any point of the investigation by the director of public safety or the dean of students, the respondent will be informed of the decision and be escorted off campus by public safety. In a situation where an interim suspension is issued, the hearing will take place no more than four school days following the effective date of the suspension. Students who are the victims of alleged sexual misconduct, intimate partner violence, stalking, and/or sexual harassment or alleged perpetrators may change academic and living situations, if an alternative is reasonably available, by contacting Residence Life at 240-895-4207 or Public Safety after-hours at 240-895-4911. The College reserves the right to require alternative housing for the respondent.

Following the reporting student's (complainant) desire to pursue a Judicial Hearing, the judicial affairs officer will explain the administrative hearing process, sanctions associated with it, and options for appeal to both the complainant and the respondent. The judicial affairs officer will also encourage both parties to utilize on- and off-campus resources.

Because of the sensitive nature of these charges, it is in the best interest of all parties involved in the hearing to have no contact with one another before and after a hearing. In addition, verbal, physical, or mental harassment, and intimidation of any member of the judicial body including complainants, respondents, and any witnesses prior to, during, or after a judicial proceeding is a violation of College policy and will result in additional judicial proceedings and possible sanctions.

In addition to any criminal or civil remedies available, any students or student organizations in violation of federal, state, local laws or St. Mary's College of Maryland policy regarding sexual misconduct, intimate partner violence or sexual harassment will be subject to the campus judicial system. The Sexual Misconduct Hearing Board shall hear complaints made by any student, member, student organization or guest/visitor of the College community involving violations of policy committed by a currently enrolled student at the College.

Policy violations committed by faculty, staff or guests will be handled through another department (Human Resources, local police authority), depending on the relationship of the respondent to the College.

 The Sexual Misconduct Hearing Board shall be a panel of three faculty, staff, and students from the College community and the judicial affairs officer serving as advisor.  This panel will hear violations of the College's Sexual Misconduct  Policy, Intimate Partner Violence Policy, Stalking Policy, and Sexual Harassment Policy.  The three members of the panel will be selected from a pool of candidates trained to hear judicial cases.  Both the complainant and respondent shall have the opportunity to dismiss a member of the hearing board due to reasons such as a personal or working relationships with said member of to avoid a conflict of interest. 

The judicial affairs officer is present only to ensure that the judicial procedures are followed and is not part of the decision process.

The respondent and complainant must notify the judicial affairs officer no less than 48 hours prior to the hearing, in writing, of the following: 

-If the complainant desires to give testimony and allow for questioning by means other than being in the same room as the respondent

-Name of, if any, advisor(s)

-Desire to have an attorney present, including the name of said attorney

-Names and statement of any eyewitnesses for either party involved

-Any evidence that one desires to be examined by the board

-The complainant must inform the judicial affairs officer how they wish to be informed of the outcome of the hearing (be present in the hearing room when the board meets with respondent to inform the person of the decision, have verbal notification immediately following the meeting, or have the information provided to them in writing following the hearing). The complainant will also receive the outcome of the hearing in writing following the hearing.

Any evidence or witnesses submitted less than 48 hours prior to the hearing that the respondent or complainant desires to be included will be decided on by the judicial affairs officer, but will most likely not be allowed.                     

A.    Sexual Misconduct Hearing Board Procedures: The judicial affairs officer shall decide upon a chairperson.  The chairperson shall declare the purpose of the hearing, introduce all members of the hearing board, and request the names of all persons present at the hearing.  The chairperson shall then explain the following guidelines:

                1.    A respondent is presumed not responsible of all charges of violations of conduct until the contrary is established by a preponderance of evidence.

                2.    Hearings shall be conducted in private.  The judicial affairs officer reserves the right to declare a case closed to outsiders due to its nature or accommodations.  The judicial affairs officer and the hearing board may remove anyone disruptive to the hearing process and limit the hearing to those directly  involved in the incident.

                3.    The complainant may request to give testimony and allow for questioning by means other than being in the same room as the respondent.  The complainant must submit this request in writing to the judicial affairs officer within 48 hours of the hearing.

                4.   Both the respondent and the complainant have the right to be assisted by an advisor of their own choice.  Such advisors must be members of the College community.  Advisors are present as a support and have no speaking role in the hearing process.  The judicial affairs officer must be notified with the name of the advisor no less than 48 hours in advance of the hearing.  Students may directly contact the judicial affairs officer for an advisor referral from the Student Judicial Advisors. 

                5.     Both the respondent and the complainant have the right to be assisted by an attorney.  They may do so only if they notify the judicial affairs officer 48 hours in advance of the hearing.  The attorney may not participate in the hearing and may not address the board or hearing officer.  Attorneys are present as a support and have no speaking role in the hearing process. 

                6.     Both the respondent and complainant have the privilege of presenting a reasonable number of relevant eyewitnesses.  The judicial affairs officer must be notified with the name(s) and statements of the eyewitnesses no less than 48 hours in advance of the hearing.   Character witnesses are not permitted at hearings.  All eyewitnesses are subject to questioning by the hearing board.  The respondent, complainant, and members of the hearing board may raise questions of discrepancies in the testimony with the board.

                7.    Witnesses shall be sequestered and will only be present for their own testimony and questioning.

                8.    Evidence which is reasonable and prudent shall be accepted for consideration by the hearing board at its discretion.  Examples of types  of evidence include, but are not limited to, testimony of people such as the complainant(s), respondent(s), victims, eyewitnesses, and investigating public safety officers; pictures showing the violation(s) (such as damage or vandalism, behavior, injury, etc.), which may be from both electronic and physical sources; and other types of documentation such as hospital or doctor's reports (Sexual MisconductForensic Exam reports), Residence Life, Public Safety, or Sheriff's Office  reports, etc.  All evidence must be submitted no less than 48 hours in advance of the hearing to the judicial affairs officer.

        B.    The chairperson will read the charges, and then the chairperson will ask the respondent to indicate responsible or not responsible for violation of the Code of Student Conduct as charged.  If the respondent indicates responsibility for violation of the Code of Student Conduct, the Sexual Misconduct Hearing Board  may render a decision based on the circumstances in which the incident occurred.

        C.    The complainant will be asked to give an account of the incident.

        D.    Eyewitnesses for the complainant will then be asked to give their accounts of the incident.

        E.     At the conclusion of the presentation of each witness, both the complainant and the respondent will be given the opportunity to ask questions of the board concerning any discrepancies in testimony.

        F.     The respondent will be given the opportunity to give an account of the incident.

        G.    Eyewitnesses for the respondent will then be asked to give their accounts of the incident.

        H.    At the conclusion of the presentation of each witness, both the complainant and the respondent will be given the opportunity to ask questions of the board concerning any discrepancies in testimony.

        I.      Any additional testimonies or evidence will then be submitted or heard by the board (e.g. investigating public safety officer's report).

        J.     At the conclusion of the presentation of all testimony, both the complainant and the respondent will be given the opportunity to ask questions of the board concerning any discrepancies in testimony.

        K.    Board members reserve the right to ask questions at any time during the course of the hearing and have the right to separate witnesses from each other during presentations.

        L.     When all aspects of the case have been discussed to the satisfaction of all board members, the complainant will be asked for input on sanctioning if the respondent is found responsible.  The chairperson will clear the hearing room, with the exception of the board members and the judicial affairs officer, for the deliberation.

        M.   During the deliberation, the board will first determine the facts of the case.  The board will then decide whether or not the accused student or student organization is in violation of conduct regulations as charged.  If the decision is "yes," the  judicial affairs officer will inform the board members of past violations and sanctions to be taken into account when determining sanction(s).  All decisions and determinations of the board shall then be made by majority vote.  All aspects of the hearing and deliberations are confidential.

        N.    The respondent will be asked to return to the hearing room, and the decision will be read.  The judicial affairs officer will, upon written request prior to the hearing, disclose to the alleged victim of any crime of violence, or a non-forcible sex offense, the report on the results of any disciplinary proceeding conducted by the College against a student who is an alleged perpetrator of such crime or offense with respect to such crime or offense.  The complainant will be allowed to return to the hearing room to hear the decision if a written request was submitted to the judicial affairs officer within 48 hours of the hearing.  If the complainant does not wish to be present at this time, the complainant may write to the judicial affairs officer for information regarding the conclusions of the board.  If the alleged victim of such crime or offense is deceased, the next of kin of such victim shall be treated as the alleged victim and can be notified upon receipt of a written request.  If found to be in violation, the respondent will be informed of their sanctions and their right to appeal as set forth in Article VI of this Code.  The complainant will also be informed of their right to appeal as set forth in Article VI of this Code following the conclusion of the hearing.

        O.    At the conclusion of the judicial session, the chairperson will remind the hearing board as to the confidentiality of the proceedings and then adjourn the board.The recommended sanctions for Sexual Misconduct I policy violations shall include disciplinary suspension with additional conditions and/or expulsion.

The recommended sanctions for Sexual Misconduct II policy violations shall include, but not be limited to, alteration of schedule, loss of privileges, Housing Contract revocation, disciplinary suspension, and/or expulsion.