Judicial Process

In responding to reports of sexual assault, the university seeks to provide services for the victim, to provide due process for the accused, and to protect the campus community from the threat of such incidents.

A charge of sexual assault against a university student will be handled by the Office of Judicial Affairs. The Judicial Officer has the authority to interim suspend a student accused of sexual assault, pending a hearing. Once the necessary investigation is completed, the Judicial Officer will formally notify the accused student of any charge and set a hearing date within 10 business days. The judicial process will use the "preponderance of evidence standard" (i.e., whether it is more likely than not that the alleged incident occurred).

Both the person filing a complaint and the person accused of a violation of the sexual assault policy have certain rights in the university judicial process.

The person filing a complaint has the right to be present at the disciplinary proceeding; has the right to be accompanied by the university Victim Advocate or support person of their choice; has the right to request that disciplinary proceedings begin promptly and know that the proceeding must be conducted by an official trained in issues relating to sexual assault and intimate partner violence; has the right to present evidence and witnesses on their behalf; has the right to be present when a finding of responsible or not responsible is announced to the accused; has the right to make a formal statement, orally or in writing, prior to consideration of any penalty to be imposed on the accused; has the right to be notified, at the same time as the offender, of any penalty being imposed; has the right to be notified of any appeals filed by the offender; and has the right to be notified, at the same time as the accused, of the result of any appeals. Identities will be kept confidential, except as necessary to carry out a disciplinary proceeding or as permitted by state or federal law.

Following a final determination of responsibility when the allegation involves a rape or other sexual offense, the university judicial officer may impose any sanction or combination of sanctions, including expulsion. Disciplinary proceedings under this Code may be carried out before, during, or after civil or criminal court proceedings against the accused student.

The person accused of sexual assault under university policy has all rights of due process afforded by the university judicial process. These rights are specifically listed in the Student Code of Conduct at http://www.southernct.edu/offices/judicialaffairs/codeofconduct.html and Statement of Disciplinary Procedures at http://www.southernct.edu/offices/judicialaffairs/index.html.