Geneva College does not tolerate any acts of sexual misconduct within its student body. The College defines acts of sexual misconduct within its Sexual Misconduct Policy. Also contained in this policy are the procedures that the College will use to enact discipline on students that violate the policy. These processes are overseen by the College's Title IX Coordinator and are separate from the processes used for instances of standard misconduct.
Geneva College Sexual Misconduct Policy
The process for resolving incidents of sexual misconduct begins when a report is filed. The Title IX Coordinator will at first engage in a preliminary inquiry to make the determination of whether or not the incident warrants action under the sexual misconduct policy. Throughout the process, the student that initiates the report will be known as the "reporting party," while the student that faces allegations will be known as the "responding party." The Title IX Coordinator may deem it necessary to impose certain interim measures on the responding party. This can include a number of actions, depending on the circumstances. At times, the responding party may face simple rescheduling of classes; in other instances, the responding party may be suspended from campus. Sexual misconduct cases can be resolved through a conflict resolution process or an administrative resolution process. Conflict resolution is used for less serious offenses, and both parties must agree to its use. The process is more mediative in nature and seeks more to remedy, rather than enact punishments on the accused student. Many allegations of Title IX sexual misconduct, by their nature, will not be deemed appropriate by Geneva College for the conflict resolution process.
Formal Investigation and Administrative Resolution
When an administrative resolution is invoked at Geneva College, the Title IX Coordinator will assign an investigative team for gathering facts, evidence, and witnesses pertaining to the incident. The investigators will meet with both parties, separately, to hear out each party's side of the events. Parties may suggest additional witnesses and evidence to support their version of events. Once a complete list of evidence and witnesses that will be considered is created, the investigators will submit this list to both parties in order for them to review the list and add any final information or witnesses for consideration. After this stage, the investigation will continue onward by meeting with witnesses. Next the investigative team will finalize a report and allow both parties one more opportunity to respond to the report. The investigators will then make a finding based on "a preponderance of the evidence."
At all stages of the investigation, students are entitled to the presence of an advisor. Sexual misconduct investigations are diligent. The consequences of being found responsible for a sexual misconduct violation can follow a student throughout their academic and professional careers, and will put a student's goals in serious jeopardy. For these reasons, students should choose an attorney when selecting an advisor. An attorney can help make sure that a student's rights are protected through the investigation, and can also assist students with any adverse consequences that may stem from the reporting of the allegations at Geneva University.
Appeals at Geneva College
In the event of an unfavorable outcome, students may make an appeal. Appeals should be submitted within three (3) business days of the delivery of the written finding. Appeals are limited to the grounds of procedural error, new evidence, or a debate of the severity of the assigned sanctions.
If you or your student is currently facing Title IX charges or sexual misconduct allegations at Geneva College, contact attorney LLF Law Firm today.
