Sexual Misconduct Policy Hearing Procedures
If the Office of the Dean of Students determines that a charge of possible sexual misconduct will be resolved through an Administrative Board hearing, the Office offers to assist both the complainant and the charged student in finding an appropriate hearing advisor (current Lynchburg College student, faculty, or staff member only) who may accompany the student to investigation, hearing, and appeal proceedings.
All judicial board hearings addressing possible violations of the Sexual Misconduct Policy (SMP) are conducted by the Administrative Board. The complainant may participate in the hearing regardless of whether he/she is a current Lynchburg College student, faculty, or staff member. All other participants in the hearing must be current Lynchburg College students, faculty, or staff members. All hearings addressing possible violations of the SMP are closed to observers; only hearing participants may enter the hearing room. Both the complainant and the charged student may elect to be present in the hearing room during the entire hearing, except during private judicial board deliberation. During the presentation of information concerning the charge(s), other hearing participants are called into the hearing room at the appropriate times to present their information, answer questions, and then leave the hearing room.
A hearing addressing a possible violation of the Sexual Misconduct Policy is conducted according to the following outline:
- Call to order;
- Signing of the Honesty Statement;
- Reading of the charge(s) to be considered;
- Statement by the charged student of whether he/she is not responsible or responsible for the alleged policy violation(s);
- Presentation of information concerning charge(s), including the following components if relevant to the hearing, but not
necessarily in this order:
- Investigation report;
- Information from the complainant concerning his/her account;
- Information from the charged student concerning his/her account;
- Information from witnesses;
- Information from character references;
- Questions by judicial board members; and/or
- Questions suggested by the charged student or by the complainant;
- Summary comments by complainant and charged student, if he/she elects to make them;
- Break for private judicial board deliberation. If the board determines that the charged student is responsible for one or more infractions, the board then determines appropriate sanctions. If the hearing panel needs additional information to determine appropriate sanctions, the board may invite the charged student and the complainant to return to the hearing room to respond to additional questions.
- Oral presentation of the board's decision(s) to the charged student, who may elect to attend; and
- Oral presentation of the board's decision(s) to the complainant, who may elect to attend.
If the charged student or the complainant fails to attend the hearing after being provided with adequate notice, the hearing will proceed in the participant's absence and a decision will be made by the judicial board.