Gettysburg College does not tolerate any instances of sexual misconduct within its student body. The College upholds a Sexual Misconduct and Relationship Violence Policy that defines all acts that fall under the umbrella of sexual misconduct. The policy also contains what the College procedure is on enacting discipline when a student is found responsible for allegations of sexual misconduct. These processes are separate from what the College utilizes for instances of standard misconduct, and greater scrutiny is applied in these circumstances.
Gettysburg College Sexual Misconduct
The process for resolving incidents of sexual misconduct will begin once the College receives a report that contains a potential instance of sexual misconduct. The complaint will first be reviewed to see if it constitutes action under the College's Title IX policy. Throughout the process, the student who files the complaint will be known as the "reporting party," while the student that is the subject of the report will be known as the "responding party." If the College has reason to believe that the responding party may pose a threat to the College community or to the investigative process, the student may face certain interim measures. This can include a change in class schedule or housing, a no-contact directive, or even an interim suspension from the College. The College may offer an informal resolution, but both parties must agree to resolving the case in this manner. Informal resolutions are remedial and restorative in nature, and generally do not involve harsh sanctions. At any time, the process may be directed to a formal investigation and resolution.
Pre-Hearing Process
If the hearing is to undergo a formal resolution process, both parties will be asked to engage in a brief pre-hearing process. Both parties will be instructed to provide a list of witnesses and evidence for the investigation. Parties will also be given information on the process of how the process works, and should select their advisors at this time.
Hearings
The College will provide both parties with official written notices of the charges to be discussed and adjudicated at the hearing. Parties will also receive statements in writing of the the evidence and witnesses to be discussed at the hearing. Both parties will be given a time frame of five (5) calendar days to provide a written response to the charges. The Vice President for College Life will then select an appropriate adjudicator for the case, which may be an individual or a panel, depending on the circumstances. The adjudicator will review the report and speak with witnesses as necessary. If the adjudicator wishes to meet with either party, these meetings will be done separately to prevent interaction between the two parties. The adjudicator may also request additional investigation before a decision is made. The adjudicator will make a decision on the matters using the standard of a "preponderance of information."
At all stages of the investigation, students are entitled to the presence of an advisor of their own choosing. Sexual misconduct allegations can greatly harm a student's chances at pursuing future academic and professional goals. For this reason, students facing these allegations should select an attorney to serve as their advisor. An attorney can help ensure that student's rights are protected throughout the investigation, and can assist with any future matters that may result from the reporting of the allegations at Gettysburg College.
Appeals at Gettysburg College
In the event of an unfavorable outcome, students may make an appeal to the College. Appeals must be submitted in writing within five (5) calendar days of receiving the outcome of the decision. In addition, the appeal must be on the grounds of unreasonable sanctioning, procedural error, or new information.
If you or your student is currently facing Title IX charges or allegations of sexual misconduct at Gettysburg College, contact the LLF Law Firm today.
