FAQs

How are terms defined?

  • Administrative Hearing – An administrative hearing process is used to adjudicate complaints of student-to-student alleged sexual misconduct. Administrative hearings involve a review of the investigative report and if applicable, further inquiry of the parties involved.  Additional evidence not available at the time of the investigation may be presented at the administrative hearing. Sexual misconduct administrative hearings panels are comprised of two trained administrators. Sex and gender balance will be carefully considered during the selection of panel members. 
  • Claimant - A person harmed by an act of sexual misconduct.
  • Confidentiality – Confidentiality is afforded to students by the Confidential Advocate, Staff of Bishop Wellness Center, the Office of the Chaplains and the SARAs. Information given to other entities will be considered private, but may not be held as confidential. The university will attempt to protect the identity of all claimants and respondents and ensure the actions resulting from the initiation of a sexual misconduct complaint are kept private. Only those officials and individuals with a need to know in order to respond to the case will be informed. The university will protect the confidential status of all educational records except as directed by appropriate legal authority.
  • Consent – Consent is freely and affirmatively communicated willingness to participate in sexual activity, expressed by clear, unambiguous words or actions.
  • Formal Complaint - A formal complaint is a written document submitted to the Office of Student Affairs. Formal complaints may or may not be adjudicated through the conduct system depending on the request of the claimant. In some instances the university is bound by law to adjudicate regardless of the claimant's request.  If this were to happen, the claimant has the choice to participate or not in the adjudication process.
  • Incapacitation - Incapacitation is a state where one cannot make rational, reasonable decisions because they lack the ability to understand the who, what, when, where, why or how of their sexual interaction. If it is unclear whether or not a person is incapacitated, assume the person is unable to give consent.
  • Investigation – An investigation is fact-finding process conducted by a trained investigator(s). In investigating allegations of sexual misconduct, assigned investigators collect information relevant to the formal complaint of sexual misconduct. This includes but is not limited to interviews, statements and physical evidence. The investigator(s) will write an investigative report which includes information and evidence collected. The respondent and claimant will be afforded an opportunity to review the investigative report prior to a hearing.
  • Respondent - A person accused of sexual misconduct.
  • Privacy – The university will attempt to protect the identity of all claimants and respondents and ensure the actions resulting from the initiation of a sexual misconduct complaint are kept private.  Only those officials and individuals with a need to know in order to respond to the case will be informed.
  • Preliminary Investigation - In every case of reported sexual misconduct, a preliminary investigation will proceed to the point where a reasonable assessment of the safety of the individual and of the campus community can be made. Thereafter, the investigation may continue depending on a variety of factors, such as the request of the claimant and the risk to the individual or campus community.