 |
 |
|
|
|
Frequently Asked Questions (FAQ)
Reports of sexual offensesWill my parents be notified regarding the charges, the hearing, outcome, etc.? The university will not notify your parents regarding the charges, the hearing, outcome or any other aspect of your sexual assault complaint.Will I have to see, speak to, or answer questions from the accused student during the hearing process? SUNY Fredonia works very hard to ensure a fair and balanced judiciary process for both parties. If you feel uncomfortable about having to see the accused student, there are ways we can minimize contact (ex: screen, video conferencing equipment, etc). Both you and the accused student may ask questions of each other and all witnesses called to testify. To minimize contact between the two parties and ensure questions are relevant to the case all questions are posed to the Judicial Board first. The Judicial Board then poses the question to the appropriate person. The accused student can not directly ask you any questions. Can I bring someone with me to the hearing or other meetings associated with my sexual assault compliant? We encourage students to have a friend, counselor, or advocate present during the hearing and at other meetings associated with your sexual assault compliant. This person can not speak on your behalf, but s/he can provide you emotional support. Who sits on the Judicial Board? What if I know someone on the board? The Judicial Board is compromised of faculty, staff, and students at SUNY Fredonia. Judicial Board members are expected to recuse themselves from cases where they know either the compliant or respondent. If you feel that someone on the board is unable to fairly hear your case please notify the Coordinator of Judicial Affairs. Will the campus community be notified about the hearing? Judicial board hearings are closed proceedings. No one outside of Judicial Affairs and those on the Judicial Board are informed of disciplinary hearings. Judicial Board members are prohibited from discussing cases outside of the hearing. What will happen to the accused student if they are found responsible? There are a variety of sanctions that can be imposed on a person who is found responsible of violating the University Policy on Sexual Assault. They range from a disciplinary warning to suspension, or expulsion. Can I call witnesses? Can the accused student call witnesses? At the hearing, you and the accused student will have the opportunity to explain the circumstances surrounding the incident and call witnesses. Both parties can ask questions of any witnesses (through the Judicial Board). What happens after I file a complaint? If you file a complaint you will be contact by a professional staff member from Judicial Affairs to discuss the report. Usually, this person will want to have a one-on-one meeting with you to discuss the report, your options, and the process. What if the sexual assault occurs off-campus? If it is the case that the sexual assault occurs off-campus and that aggressor is a not part of the campus community, you should contact local law enforcement. You should also contact the counseling center who can provide you with assistance going through the legal system. As a campus we can also disallow someone to come on campus who is a danger to our community by making them persona non grata (PNG) , so you should also inform the Judicial Affairs office as well. If it is the case that the sexual assault occurs off-campus and the aggressor is a SUNY-Fredonia student, than you should report it to both the local law enforcement as well as Judicial Affairs. Since the campus has jurisdiction wherever the student is, we can seek discipline for off-campus misconduct.
Judicial/Adminstrative HearingsWhat is the difference between a Judicial Board Hearing and an Administrative Board Hearing? They are both procedurally the same. The difference is who hears the case. The Judicial Board is a five person panel. This board is comprised of student members and faculty/staff members. An Administrative Board is a three person panel with only faculty/staff members.What is expected of me at the hearing? The Board will ask you to respond responsible or not responsible to the charges. The Board will then ask you to describe what happened. It is suggested that you prepare a statement beforehand so you don't leave out any details. At the end of the hearing the Board will ask you if there is anything else you want them to know, this is your opportunity to let the Board know more information about yourself and highlight any major points. You should prepare something as well for this. The former is usually referred to as your 'closing statement'. Can I bring someone with me to the hearing? Yes. This person cannot get involved in the hearing; his/her role is to advise you. Can I call witnesses? Yes. It is asked, although not required, that you let the Coordinator of Judicial Affairs know how many witnesses you are bringing prior to the hearing. If you want someone to speak to your character, you can have them write on your behalf and present that to the Board. Can I ask questions of witnesses? Yes. These questions must be asked through the Board. If I have prior violations does the Board know about them? Not before the hearing. The Board will only find out about prior violations if you are found responsible. When will I know the outcome of the hearing? The Board will usually decide that day what their recommendations are. They will then forward those recommendations to the Vice President for Students Affairs. The Office of Student Affairs will inform the student of the outcome usually within 3-5 days. Can I appeal? Yes. You can make one appeal to the President within 5 days of receipt of your finding letter. You can appeal on two grounds: that there was a procedural due process error or that there was evidence that was not entered at the hearing that would significantly change the outcome of the hearing. The President's decision is final and the case is not subject to further administrative review. [ Back to Top ]
| ||||||||||||||||||||||||||||||||
