The sexual misconduct panel meeting is the appropriate COD case resolution method to use in cases alleging sexual misconduct (as defined in Section XIII) do not meet the definition of Title IX Sexual Harassment when (i) either the complainant or the respondent do not agree with the recommended finding of responsibility and/or (ii) probation with transcript notation, suspension (including suspension held in abeyance), expulsion, or degree revocation for a student, or suspension (including suspension held in abeyance) of recognition or loss or recognition for a student organization, is possible if the respondent is found responsible. A sexual misconduct panel meeting will determine whether the respondent is responsible for a policy violation and, if necessary, to determine an appropriate sanction.  In cases in which the respondent accepts responsibility for all alleged policy violations, and the Chair has determined that probation with transcript notation, suspension (including suspension held in abeyance), expulsion, or degree revocation for a student, or suspension (including suspension held in abeyance) of recognition or loss or recognition for a student organization, is possible if the respondent is found responsible, a sexual misconduct panel will determine sanctions only.

The following procedures are generally followed for a sexual misconduct panel meeting. The COD reserves the right to adjust these procedures as the Chair deems appropriate.

1. The sexual misconduct panel shall be composed of three members of the sexual misconduct subcommittee. The Chair and at least one Vice Chancellor’s representative must be on the panel; the third representative can be any member of the subcommittee. At the Chair’s discretion, a panel meeting may also include a qualified professional (who may be external to MIT) hired by MIT to serve as a Co-Chair of the panel and/or to participate as a decision-maker in all issues before the panel. For purposes of this Section, references to “the Chair” include the Chair and the Co-Chair, if any.

2. The scope of the sexual misconduct panel meeting is limited to the points in dispute that have relevance to the determination of whether or not a policy violation occurred and/or the appropriate sanction. The sexual misconduct hearing is not a venue where the parties are expected to re-tell their narrative of the events that resulted in the complaint or reiterate points already made in interviews or written statements submitted to the investigator(s). The purpose of the investigation is for a trained and unbiased professional to assemble and present all of the relevant information. The purpose of the sexual misconduct panel meeting is to use the information in the investigation report and the statements of the complainant and respondent to determine whether or not a policy violation occurred and/or what sanction is appropriate. In most cases, witnesses will not be permitted to appear at a sexual misconduct panel meeting.

Accordingly:

1. In general, materials that were not submitted to the investigator(s) during the investigation and included in the investigation report may not be presented to the COD prior to or at the sexual misconduct panel meeting.

1. The Chair may grant an exception to permit relevant materials to be submitted that were not part of the investigation upon a showing of good cause. Alternatively, the Chair can postpone the sexual misconduct panel meeting to permit time for the investigator(s) to consider the new information and incorporate it into the investigation report.
    
2. If such new materials are permitted, the OSCCS will provide access to the newly submitted materials to the panelists, the complainant, the respondent, and their respective advisors.
    
3. All parties are required to affirm that materials they submit to the COD are their own work. Outside collaborators, including an advisor, must be cited.

2. In general, a complainant, respondent, or relevant witness who had the opportunity to participate during the investigation but elected not to participate will not be permitted to participate in the panel meeting or submit documents prior to the panel meeting.

1. The Chair may permit a complainant, respondent, or relevant witness who did not participate in the investigation to participate in the panel meeting upon a showing of good cause. Exceptions of this nature are expected to be rare. The possibility or pendency of a law enforcement investigation or criminal court proceedings will generally not be considered good cause for an exception. Such request must be made at least three business days before the panel meeting. Alternatively, the Chair can postpone the panel meeting to permit time for the investigator(s) to consider the new information and incorporate it into the investigation report.

3. Sanctioning Consideration Letter: Before the panel meeting, the complainant and respondent will each be invited to submit a letter, not to exceed five double-spaced pages, to the panelists. This letter is an opportunity for each party to comment on the impact of this situation on them, any aggravating or mitigating factors they believe should be taken into consideration, and any sanctions or other outcomes they would like to recommend. This letter will be reviewed by the panelists only if the respondent is found responsible or accepts responsibility for violating one or more Institute policies.

a.  Submission of a sanctioning consideration letter is optional for both parties. If a party chooses not to submit a letter within the deadline, the COD will make its sanctioning decision based on the available information before it.

b.  The sanctioning consideration letter will only be shared with the other party and their advisors after the panel meeting if the panel finds the respondent responsible or the respondent accepts responsibility for a policy violation.

3. The sexual misconduct panel meeting is scheduled as soon as is reasonably possible after the investigation report and the responses of the complainant and respondent accepting or rejecting the recommended finding are received.

4. In cases where a student organization is the respondent, the governing council responsible for that student organization shall be notified of the pending case during the investigation and be invited to submit a letter about the case during the investigation.

5. The OSCCS will notify the complainant and respondent of the sexual misconduct panel meeting date, time, location, and participants in writing.

6. Sexual misconduct panel meetings will be conducted using videoconference or other distance method or technology so that the parties are not in the same room simultaneously at any time during the meeting but can otherwise see and hear the other participants and fully participate.

7. The sexual misconduct panel meeting usually proceeds as follows, although the Chair may vary the procedure at their discretion.

1. The Chair reads introductions and a description of the procedures to the parties.

2. The Chair reads the alleged policy violation(s) and asks the respondent either to accept or deny responsibility.

3. The complainant may make an opening statement followed by the opportunity of the respondent to submit questions to the COD Chair to be asked of the complainant. The Chair will only ask questions of the complainant submitted by the respondent that the Chair determines are relevant. Then the panelists will have the opportunity to ask questions of the complainant.

4. Any approved complainant’s witnesses may provide statements followed by the opportunity of the complainant and the respondent to submit questions to be asked of the witness by the COD Chair. Then the  panelists will have the opportunity to ask questions of the witnesses.

5. The respondent may make an opening statement followed by the opportunity of the complainant to submit questions to the COD Chair to be asked of the respondent. The Chair will only ask questions of the respondent submitted by the complainant that the Chair determines are relevant. Then the panelists will have the opportunity to ask questions of the respondent.

6. Any approved respondent’s witnesses may provide statements followed by the opportunity of the complainant and the respondent to submit questions to be asked of the witness by the COD Chair. Then the COD panelists will have the opportunity to ask questions of the witnesses.

7. The panelists may ask questions of both parties and the parties may submit any final questions to be asked of the other party. The Chair will relay any relevant questions.

8. The complainant may make a brief closing statement, followed by the same opportunity for the respondent.

9. The Chair makes a closing statement, including when a decision is expected to be made.

10. The panelists then meet in executive session to make a determination as to whether the respondent is responsible for a policy violation, and if so, to make a determination on appropriate sanctions.

H. Witnesses

In general, because they have already been interviewed and their information incorporated into the investigation report, witnesses who participated in the investigation will not be permitted to appear or otherwise participate in the panel meeting.

1. The Chair may permit a witness to appear at the panel meeting upon a showing of good cause. Such request must be made at least three business days before the panel meeting.

2. The Chair may request a witness to appear without a request from either party if the Chair believes the presence of such witness will be useful to the panelists involved in the case.

3. Any witnesses who are permitted to participate may only be present at the panel meeting during their presentation of information and response to questions. The Chair may ask that witnesses remain available following their presentation in case a witness needs to be recalled for additional information.

4. Character witnesses are not permitted.

5. Unless the Chair decides otherwise in unusual circumstances, or the investigator(s) collected evidence from an expert witness during the investigation, expert witnesses are not allowed.

I. Chair’s Role (or designee, when applicable)

1. The Chair convenes and facilitates the panel meeting.
    
2. The Chair may postpone or suspend a panel meeting.
    
3. The Chair may call a brief recess at any time during the panel meeting.
    
4. At any time, the Chair determines whether certain witnesses should appear and decides whether any particular question, statement, or information will be allowed during a panel meeting. Formal rules of evidence that apply to civil or criminal judicial processes are not applicable.

5. The Chair may call a particular witness.

6. The Chair shall warn any participant deemed to be disruptive, harassing, or intimidating to any other participant and if appropriate, excuse any individual’s presence at a panel meeting, or take any other action deemed necessary by the Chair to ensure an orderly panel meeting.

J. COD Sexual Misconduct Panel Meeting Deliberations and Decision

1. Once the Chair concludes the panel meeting, the panelists meet in executive session to reach a decision. The panel decides first, using a preponderance of the evidence standard and based on a majority, if a respondent is responsible for committing one or more violations of MIT policy or standards. If a respondent is found responsible, the COD will then decide what is the appropriate sanction or sanctions to impose. In deliberations on sanctions, the COD may review any prior findings of responsibility of the respondent and any sanctioning consideration letters submitted by the parties. The sanctions available are described in Section XI. In cases in which the respondent accepts responsibility for all policy violations, the panel will determine sanctions only.

a. In reaching a decision, the panel shall conduct an objective evaluation of all relevant evidence – including both inculpatory and exculpatory evidence. Credibility determinations may not be based on a person’s status as a complainant, respondent, or witness.

ii.    If a respondent is found not responsible, the panel meeting is over. The Chair or the OSCCS will offer to meet with the respondent and complainant, and the Chair will send written letters simultaneously notifying both parties of the decision as soon as is reasonably possible after the panel meeting. This letter will be copied to MIT officials as appropriate.

iii.   If a respondent is found responsible, the Chair or the OSCCS will offer to meet with the respondent and the complainant, and the Chair will send written letters simultaneously notifying both parties of the decision on responsibility and of the assigned sanctions as soon as is reasonably possible after the panel meeting. This letter will be copied to MIT officials as appropriate.

11. Either the complainant or the respondent may appeal the decision reached at a sexual misconduct panel meeting, regardless of the finding of responsibility or the severity of the sanction, except that a finding of responsibility for a policy violation cannot be appealed after a sexual misconduct panel meeting where the respondent accepted responsibility for that policy violation. The appeal procedure is described in Section XII.

12. Record Keeping

1. No recording of any kind of a panel meeting is allowed. No recording devices may be used during a panel meeting by anyone present.
    
2. A documentary record of the proceedings will be kept in the files of the COD for at least seven years after the conclusion of the proceeding. At a minimum, this record should consist of: (1) the investigation report, (2) all documents submitted at the panel meeting, (3) the decision letter, and (4) the results of any appeal. This record does not summarize or otherwise attempt to preserve the hearing or deliberative discussions.

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