Procedures at IU Bloomington

II. Student Disciplinary Procedures

Appendix E
Procedures for Responding to Incidents Involving Sexual Violence
  1. Investigation
    When a complainant reports an incident of sexual violence, her/his desires regarding the university's pursuit of the matter will be determined. The Indiana University Police Department and/or the Office of the Dean of Students will take reasonable steps to investigate the incident even if the complainant does not want to cooperate further. Any investigation conducted by the Office of the Dean of Students will be concluded within 60 days of the receipt of the report.
  2. Judicial Conference
    If the Dean of Students or designee initiates disciplinary proceedings after concluding the investigation, the accused student is required to attend a judicial conference.
    1. The charges alleging sexual violence (Part II, §H.20.d., Part II, §H.20.e., or Part II, §I.2.b. of the Code of Student Rights, Responsibilities, and Conduct) will be the sole focus of this conference. All other charges will be held in abeyance until the sexual violence charges have been resolved and will be handled according to the regular personal misconduct procedures.
    2. This judicial conference must be concluded within 30 days of the completion of the investigation.
    3. This judicial conference is recorded.
    4. When the accused attends the judicial conference, as required, the Dean of Students or designee shall inform her/him as fully as possible of the facts alleged. The accused may, but need not, respond to allegations.
    5. If, after discussion, the Dean of Students or designee determines that the violation alleged is not supported by a preponderance of the evidence, the Dean of Students or designee shall dismiss the accusation and notify both the accused and the complainant by means of a written notice. The complainant, by such notice, may either consent to the determination or request an appeal to the review board.
    6. If, after discussion, the Dean of Students or designee believes that the violation occurred as alleged, the Dean of Students or designee shall so notify both the accused and the complainant and shall propose a sanction by means of a written notice. The accused and the complainant, by such notice, may either consent to the determination and imposed sanction or request an appeal to the review board.
    7. If the accused fails to appear at the judicial conference, s/he may explain the failure to appear in writing to the Dean of Students or designee within 10 days of the scheduled conference. Written documentation supporting the cause of absence must be included. Within 10 days after receiving the accused's letter, the Dean of Students or designee will notify the accused and the complainant whether the judicial conference may be rescheduled.
    8. If the accused fails to appear and that absence is not excused for good cause, the Dean of Students or designee may decide, in the accused's absence, whether the violation occurred as alleged. The accused and the complainant will be notified in writing of the decision by the Dean of Students or designee within 10 days of approval. Unless the sanction imposed is any one or a combination of expulsion from university housing, suspension from the university, or expulsion from the university, the accused's right to an appeal automatically will be forfeited, and the sanctions imposed in absentia will go into effect.
    9. For possible sanctions, please see Code of Student Rights, Responsibilities, and Conduct: Procedures for Bloomington Campus, Part II, §B.1.h.
  3. Appeal
    The accused or the complainant may appeal the decision of the Dean of Students or designee to the review board for any reason. The review board consists of a faculty member, an administrative officer, and a student (see Appendix D, §§1-4). An appeal may be initiated by sending a notice of appeal to the Dean of Students or designee.
    1. The notice of appeal must be filed not later than 10 calendar days after the date of the written decision of the Dean of Students or designee. If no written request for an appeal is received by the Dean of Students or designee within the time specified, no appeal hearing shall be held. Any sanction/s proposed by the Dean of Students or designee shall be imposed, and the action shall be final.
    2. The accused or the complainant may be advised and/or represented by the Student Advocates Office, the IU Student Association Department of Student Rights, or other sources.
    3. The Dean of Students or designee shall immediately forward the notice to the presiding officer of the review board. The accused and the complainant shall be notified by the Dean of Students or designee of the following:
      1. The date, time, and place of the appeal hearing;
      2. That the accused, the complainant, and the Dean of Students or designee may submit a written statement to the review board before the appeal hearing, but that any such statement must also be submitted to the other parties before the hearing;
      3. That, at the hearing, the accused, the complainant, and the Dean of Students may make oral arguments based on the record to the review board, and that their respective advisors or counsel may also do so;
      4. That the appeal hearing will be closed to the public;
      5. That the review board will not accept additional evidence, but will consider only the record of the judicial conference;
      6. That the individual requesting the appeal shall have the burden of proving that the decision of the Dean of Students or designee was not appropriate;
      7. That neither the accused nor the complainant may take any further appeal from the decision of the review board.
    4. The review board is required to listen to the audio recording of the judicial conference.
    5. The review board must render a decision within 10 calendar days of the hearing and may take any of the following actions:
      1. Affirm the original decision regarding responsibility.
      2. Affirm the original decision concerning the disciplinary sanction/s to be imposed.
      3. Set aside the original decision regarding responsibility and order that a new judicial conference be held before a new hearing officer or panel of hearing officers. This option is reserved for those cases in which procedural error has been identified by the review board.
      4. Set aside the original decision concerning the disciplinary sanction/s to be imposed and impose a different sanction or set of sanctions.
    6. The presiding officer of the review board is required to notify the Dean of Students or designee regarding the board's decision.
    7. The Dean of Students or designee is required to notify the accused and the complainant and to initiate the necessary procedures to effectuate the decision.