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

[Megan Elizabeth Selheim <>]

We’re in the process of revising our code of conduct in regard to sexual misconduct, and have come across a specific issue that I’m hoping to get some input on.

 

Currently, our general process is:

1.       Complainant/victim provides statement to our conduct officer

2.       Conduct officer charges the Respondent & sets up the hearing, using the Complainant statement as the basis for the case

3.       The Respondent is provided a copy of the statement as part of discovery

4.       The Respondent provides their side of the story in testimony at the hearing

 

The concern I have is that this process seems to disadvantage the Complainant, since they won’t have any idea what kind of argument the Respondent will make until they are in the hearing but the Respondent can use the statement to prepare a defense. We had a case here this semester where the Respondent relied almost entirely on a phrase the Complainant included in her statement as the basis for the defense.

 

However, if we don’t have the Complainant provide a written statement, our conduct officer thinks that would also disadvantage the Complainant, since the conduct officer wouldn’t have any information on which to make an argument, and wouldn’t be able to prepare questions or a case prior to the hearing.

 

I’m wondering how others currently handle the statement/equity piece of your conduct process. We will absolutely provide a Respondent statement to the Complainant if we get one, but we don’t think we can compel a statement from the Respondent, so we doubt we’ll often have those statements to provide to Complainants.

 

Any thoughts or experience are helpful. Thanks!

 

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Megan Selheim

STOP Violence Program Coordinator

Dean of Students Office

Dept. 3135, 1000 E. University Ave., Laramie WY 82071-2000

118 Knight Hall

307-766-3296

www.uwyo.edu/stop