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Special Hearing Procedures for Charges of Sexual Harassment, Sexual Assault, and Sexual Violence

When sexual assault or sexual violence charges are brought against a student by an individual under the Berea College Student Conduct Regulations, “Unacceptable Actions: Rules of Conduct,” Sections A1 (Violence) pursuant to the College’s Sexual Misconduct Policy, all such cases shall be heard by the Campus Conduct Hearing Board, according to its procedures and the College’s Sexual Misconduct Policy, Procedures for Procedures for Reporting, Investigating and Hearing Alleged Violations of Certain College Policies.

When sexual harassment charges are brought against a student by an individual under the Berea College Student Conduct Regulations, “Unacceptable Actions: Rules of Conduct, Section B2 (Offenses against Persons),” all such cases shall be heard by the Campus Conduct Hearing Board, according to its procedures, supplemented by the following special hearing procedures:

  1. The Judicial Liaison shall inform both the accused and the person bringing the charge that, upon written request, special arrangements may be offered to limit direct contact between the parties involved, (e.g. visual screening, telephonic conferencing, video-conferencing).
  2. Both the accused and the person bringing the charge may request that certain potential members of the Hearing Panel be excused for cause. “Cause” must be articulated and may include such things as a Hearing Panel member having personal knowledge of the facts or incident which is the subject of the charge(s), a labor supervisory, academic advising, or close personal relationship with the accused, or another party to or a witness in the case. Final Decisions on such requests rest in the discretion of the Judicial Liaison.
  3. The person bringing the charge may also appeal the decision with three working days. Such appeals are limited to procedural grounds (See “Appeals,” (i) and (ii)) or due to the subsequent discovery and availability of directly relevant evidence not available at the time of the hearing.
  4. In keeping with provisions of the Higher Education Act of 2009, the College will, upon written request, disclose to the alleged victim of any crime of violence (as defined in Section 16, Title 18 of the U.S. Criminal Code), or a non-forcible sex offense, the results of any disciplinary proceeding conducted by the College against a student who is the alleged perpetrator of such an offense.