POLICIES AFFECTING STUDENTS

Procedures for Alleged Sexual Assault Incidents

TU Code of Student Conduct includes a charge as stated below:

Sexual assault, as defined by the USM policy on Sexual Assault, including but not limited to non-consensual sexual intercourse, incapacitated sexual intercourse and non-consensual verbal or physical conduct of a sexual nature.  Terms underlined are clearly defined in the Code under B. Definitions.

The Code gives the web address to locate USM policy.

If a student becomes a victim of a sexual assault, the student can meet with a Judicial Affairs administrator at which time the Judicial Affairs representative will explain the judicial process, as well as advise and encourage the student to use the resources at the university such as the Counseling Center, Health Center, Women=s Center and the Police Department.

If, during the meeting, the student decides he/she wants the university to charge the student responsible for the assault, Judicial Affairs will officially charge the accused student with a violation of the Code of Student Conduct.  This type of charge could result in suspension from TU for a period of time designated by the VP if the student is found responsible.  In some cases, an emergency suspension is issued when needed.

The accused student is entitled to a university hearing if the student contests the charge.  The basis for evidence is Preponderance of the Evidence - that evidence which, when fairly considered, produces the stronger impression, has the greater weight, and is more convincing as to its truth when weighed against the evidence in opposition.  The victim is given the choice to participate in either the entire hearing or only his/her testimony.  The victim has a right to have a friendly observer present to provide support throughout the hearing.

The accused student meets with a Judicial Affairs representative who gives the student the charge letter and a copy of the Code of Student Conduct.  During this meeting, the representative explains the charge, goes over the judicial process which includes the hearing and appeal procedures and range of possible sanctions.  If the student denies the charge, a hearing is scheduled.

Whenever possible, the university will reasonably attempt to change living arrangements in housing and academic schedules for the alleged victims during the judicial process.  The victims are given the outcome of hearing, sanction and appeal. 

The hearing panel consists of a judicial hearing officer (currently a faculty member) and two student judicial aides.  All panel members go through training procedures.