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

[Brett Sokolow <>]

1-      On Appeals: If you utilize a specialized hearing panel for sexual misconduct policy/Title IX cases, do you also have a specialized Appeals board? We have a Dean’s Sexual Conduct Review Board which hears all Title IX/Sexual misconduct policy violations. We then have a Judicial Appeals Board which hears appeals from our (regular) College Judicial Council, the Administrative Panel (which hears interim suspensions) and the Dean’s Sexual Conduct Review Board. If a case involves interim suspension or sexual misconduct, students do not sit on it. We have a pool of 16 members who sit on sexual misconduct hearing panels  in threes; we are thinking that any Appeals Board cases involving sexual misconduct cases should only have Sexual misconduct board members who did not sit on the original case. What do you think?  

-- That makes great sense, Wade, and makes obligatory training much easier.

2-      On Investigations: What is the best way to retain data for witnesses statements in Title IX cases  A: recording the whole interview to transcribe or taking notes that can later be written out as a summary for the witness to sign, or a combination of the two? I record everything and then have it transcribed, others prefer taking notes and then working these into a longer summary which the witness would sign and certify.  

-- We suggest interviewing in teams, with one taking notes.  The Q&A summary is then signed by the witness to verify its accuracy.  

3-      On challenging board members: Do you allow the accused to strike hearing panel members from their particular hearing panel because of perceived conflicts or biases? We allow this, but in the last semester people have attempted to hijack this and force us to pick a board they want – which we resisted. We are thinking of dumping this procedural right altogether 

— I suggest allowing the parties to challenge (just allowing the accused is inequitable), but that whether the challenge is granted be your decision, not theirs, based on a demonstration that the panelist would not be impartial or objective.  

 

Regards,
Brett A. Sokolow
Brett A. Sokolow, Esq.
Attorney-at-Law

President & CEO, The NCHERM Group LLC

Executive Director, The National Behavioral Intervention Team Association 

Executive Director, The Association of Title IX Administrators 

Publisher, Student Affairs eNews 

116 E. King St.
Malvern, PA 19355-2969
Tel. (610) 993-0229 
Fax (610) 993-0228

The NCHERM Group, LLC serves as legal counsel/advisor to 35 campuses

From: <Felty>, "Wade P." <>
Date: Wednesday, June 26, 2013 6:39 PM
To: "" <>
Subject: Seeking information on common practices (sexual misconduct policy hearings and investigations)

Colleagues,

 

I have three questions I would love to hear feedback on:

 

1-      On Appeals: If you utilize a specialized hearing panel for sexual misconduct policy/Title IX cases, do you also have a specialized Appeals board? We have a Dean’s Sexual Conduct Review Board which hears all Title IX/Sexual misconduct policy violations. We then have a Judicial Appeals Board which hears appeals from our (regular) College Judicial Council, the Administrative Panel (which hears interim suspensions) and the Dean’s Sexual Conduct Review Board. If a case involves interim suspension or sexual misconduct, students do not sit on it. We have a pool of 16 members who sit on sexual misconduct hearing panels  in threes; we are thinking that any Appeals Board cases involving sexual misconduct cases should only have Sexual misconduct board members who did not sit on the original case. What do you think?

2-      On Investigations: What is the best way to retain data for witnesses statements in Title IX cases  A: recording the whole interview to transcribe or taking notes that can later be written out as a summary for the witness to sign, or a combination of the two? I record everything and then have it transcribed, others prefer taking notes and then working these into a longer summary which the witness would sign and certify.

3-      On challenging board members: Do you allow the accused to strike hearing panel members from their particular hearing panel because of perceived conflicts or biases? We allow this, but in the last semester people have attempted to hijack this and force us to pick a board they want – which we resisted. We are thinking of dumping this procedural right altogether

 

 

I would love to hear your thoughts.

 

Wade

 

Wade Felty

Wade Felty

Office of Residence Life & Housing and Judicial Affairs

Assistant Sexual Assault Resposne Coordinator

Randolph-Macon College

(804)-752-3234 (Office)

(717)-813-3513 (Mobile 1)

(804)-441-4187 (Mobile 2)

 

United Nations Educational, Scientific, and Cultural Organization “Building Peace in the Minds of Men & Women”