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

["LaDue, Lee E." <>]

Our campus recently made a procedural change in how they process cases 
through the conduct hearing panel.  The cases are still presented to the 
conduct board and they make a recommendation of responsible or not 
responsible and then a recommendation of a sanction.  Typically those 
"recommendations" in the past have not been significantly changed.  The 
procedure now is to have another person assigned to listen to the entire 
conduct hearing on tape (often difficult to hear) and make a "final" 
decision.  The final decision in two cases has been the opposite or 
significantly different from  the recommendation by the hearing panel.  For 
example, if the hearing board found the person responsible and recommended 
suspension, the final decision may still find them responsible but only 
sanction with probation or the opposite of that - finding of responsible and 
sanction with suspension when the original decision resulted in not 
responsible.  The procedure now, instead of telling the victim or the accused 
of the decision right away, they do not share what the panel decided at all 
but only the final decision from this added decision-maker.  They also don't 
tell the victim the outcome until after the time has passed for the 
possibility of an appeal by the accused.   So the accused student is learning 
the outcome 3 to 5 days before the complainant.  (The time it takes for the 
final decision maker can be days because they are listening to the tapes all 
the way through several times and the hearings can last 4 to 6 hours.) The 
board members also do not know that their original decisions have been 
changed.  Some feel this process is an added layer that provides a check and 
balance.  However, I am concerned about these changes on a number of levels 
but am curious if any other university is using these particular procedures 
with an added decision-maker beyond the conduct panel.    I am also 
interested in any legal opinions regarding this process.

Lee LaDue
Asst. Director/Coordinator - Gender Violence
Prevention Program
St. Cloud State University Women's Center
720 4th Ave. S.
St. Cloud, MN 56301
320/308-3995

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