Special Hearing Procedures for Charges of Sexual Harassment and Sexual Assault
In cases where sexual harassment or sexual assault charges are brought against a student by an individual under the Berea College Student Conduct Regulations, “Unacceptable Actions: Rules of Conduct”, Sections A1 (Violence), and/or B2 (Offenses Against Persons), special procedures apply, including:
- 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).
- 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.
- In sexual harassment and sexual assault cases, the person bringing the charge may also appeal the decision within three working days. Such appeals are limited to procedural grounds (See “Appeals”, (ii) and (iii)) or due to the subsequent discovery and availability of directly relevant evidence not available at the time of the hearing.
- 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.