Elizabethtown College prohibits acts of sexual misconduct within its student body. The College defines what actions constitute sexual misconduct, and the actions it takes against these incidents in its Sexual Misconduct Policy. These disciplinary processes are separate from those used for acts that violate the College's standard code of conduct.
Sexual Misconduct at Elizabethtown College
The process for resolving sexual misconduct will begin when a report regarding sexual misconduct is received by College officials. Once the report is received, the Title IX Coordinator will appoint an investigator or an investigative team for the case. Throughout the process, the student that filed the initial report will be known as the "complainant," while the student who will face allegations will be known as the "respondent." During the investigation, the College may wish to impose certain interim measures on the respondent for the purpose of protecting the integrity of the investigation, and possibly the College community as a whole. This can include changes in class schedules or residence, or these measures may even go as far as a no contact order or temporary suspension. Investigations into sexual misconduct will consist of separate meetings with both parties and any witnesses suggested. Investigators will gather evidence as necessary as well, and will give each party a chance to respond to one another's suggested evidence and witnesses. After enough information has been gathered and both parties have been given a fair opportunity to respond to the information, the investigator will compile a final investigative report.
At times, the College may allow for a Voluntary Restorative Resolution, however, both parties must consent to this, and this method may not be used for sexual assault cases. This method is less formal and focuses on restorative measures. If this method cannot be used, the investigator will meet with the Title IX Coordinator to discuss the final investigative report. The investigators will meet once more with the complainant and respondent separately for their final input and responses to the report to be given. After this, the investigator will work with the Title IX Coordinator to make a decision. Decisions will be based on the standard of "a preponderance of the evidence."
At all stages of the investigations, students may be accompanied by a support representative. Sexual misconduct allegations are very serious, and often have students facing consequences that will have long-term negative impacts on their academic and professional futures. For this reason, an attorney should be selected to serve as the student's support representative. Attorneys can ensure that a student's rights are protected throughout the investigation. In addition, if there are any adverse consequences that follow the reporting of the allegations at Elizabethtown College, an attorney can guide a student through these circumstances.
Appeals at Elizabethtown College
In the event of an unfavorable outcome, students may make an appeal. Appeals must be submitted within five (5) days of the written notification of outcome from the College. The grounds for appeal must be new facts, a substantial violation of procedure, or a claim of an improper sanction.