Sexual Assault Hearing Process

Sexual Assault Hearing Board

In addition to any criminal or civil remedies available, violation of federal, state or local laws or, St. Mary's College of Maryland policy regarding sexual assault will be subject to the campus judicial system. The Sexual Assault Hearing Board shall hear complaints made by any student, member or guest of the College community involving violations as set forth in Article II of this Code. The Sexual Assault Hearing Board shall be a panel of three administrators from the college community and the judicial adviser. The three members of the panel will be selected from a pool of candidates trained to hear judicial cases. The judicial adviser is present only to ensure that the judicial procedures are followed and is not part of the decision process.

Sexual Assault Hearing Board Procedures

• A. The judicial adviser 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 student 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 adviser reserves the right to declare a case closed to outsiders due to its nature or accommodations. The judicial adviser and the hearing board may remove anyone disruptive to the hearing process and limit the hearing to those directly involved in the incident.
  • 3. Both the respondent student and the complainant have the right to be assisted by an advis¬er of their own choice. Such advisers must be members of the College community. Advisers are present as a support and are not active participants in the hearing process.
  • 4. Both the respondent and complainant have the privilege of presenting a reasonable number of relevant eyewitnesses. Character witnesses are not permitted at hearings. All eyewitnesses are subject to questioning by the hearing board. The respondent student, complainant, and members of the hearing board may raise questions of discrepancies in the testimony with the board.
  • 5. Evidence which is reasonable and prudent shall be accepted for consideration by the hearing board at its discretion.
• B. The chairperson will read the charges being filed against the respondent, and then the chairperson will ask the respondent if he/she is in violation of campus conduct regulations as charged. If the respondent responds yes to the question, the hearing board shall render a decision based on the circumstances in which the incident occurred.
• C. The complainant will be asked to give his/her 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 respon¬dent student will be given the opportunity to ask questions of the board concerning any discrepancies in testimony.
• F. The respondent will be asked to give his/her account of the incident.
• G. Eyewitnesses for the respondent will then be asked to give their accounts of the inci¬dent.
• H. At the conclusion of the presentation of all testimony, both the complainant and the respon¬dent student will be given the opportunity to ask questions of the board concerning any discrepancies in testimony.
• I. Board members reserve the right to ask questions at any time during the course of the hearing and the right to separate witnesses from each other during presentations.
• J. When all aspects of the case have been discussed to the satisfaction of all board members, the chairperson will clear the hearing room, with the exception of the board members and the judicial adviser, for the deliberation.
• K. During the deliberation, the board will first decide whether or not the accused student is in violation of conduct regulations as charged. If the decision is "yes," the board will then determine 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.
• L. The respondent and complainant will be asked to return to the hearing room, and the decision will be read. If the complainant does not wish to be present at this time, the complainant may contact the judicial adviser for information regard¬ing the conclusions of the board. If found to be in violation, the respondent student will be informed of their sanctions and their right to appeal as set forth in Article VI of this Code
• M. 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.

Sanctioning

The recommended sanctions for Sexual Assault I policy violations shall include disciplinary suspension with additional conditions and expulsion.

The recommended sanctions for Sexual Assault II policy violations shall include, but not be limited to, alteration of schedule, loss of privilege, housing contract revocation, disciplinary suspension and expulsion.