Discussion List for campus-based and allied personnel working to end gender-based violence on campus.

["Alan W. McEvoy" <>]

________________________________________
Hello Friends:

I feel compelled to weigh in on the issue of training for campus judicial 
boards charged with hearing allegations of sexual misconduct.  I have done 
both research and professional training in this area, and I can say with 
certitude that few campuses do an adequate job of preparing hearing officers 
for the task they face.  I would prefer not to employ the term "sensitivity 
training" -- "judicial training" is a more neutral and apt descriptor, though 
hopefully every hearing officer should be sensitive to all the isues at stake.

I have found several common problems with hearing boards.  First, given the 
turnover, few members have a deep understanding of their own school's policy 
and hearing procedures.  Many have never heard a single case when they are 
asked to serve; their training, in effect, is "baptism by fire" when a 
complaint is filed.  Another problem is that many schools have never 
allocated funds for judicial training.  A well-funded, mandatory training 
schedule (perhaps at the start of each school year) is essential.  The 
trainer should be familiar with both the complexities of sexual assault and 
harassment, and the nuances of policy and procedure.

I have also found that many colleges confuse investigation with adjudication. 
 A thorough investigation BEFORE the hearing is imperative.  Too often the 
hearing IS the investigation, hence creating confusion, dismay, and the 
appearance of a chaotic process.  One additional point: hearing officers need 
practice in asking difficult and complicated questions.  This is an acquired 
skill.  Their job is to find the truth and render an informed verdict.  The 
outcome of a case often rests on what they ask (or fail to ask), and how they 
ask it.

It is a thankless job to serve on a hearing board.  Regardless of the 
outcome, hearing officers likely will have to endure allegations of an unfair 
or disorganized process.  Yet they perform a great service, despite the 
blizzard of complaint.  The alternative is to not address the problem, thus 
enabling its persistence.  To all those who serve on judicial boards, thank 
you for your contribution to the cause of justice.

Sincerely,
Alan McEvoy, Ph.D.