The sexual misconduct sanctioning panel is the appropriate COD case resolution method to use in cases alleging sexual misconduct, intimate partner violence, or stalking when (i) the recommended finding is that the respondent is responsible, (ii) both the complainant and the respondent accept this recommendation, and (iii) the possible sanction is suspension, expulsion, or degree revocation for a student or suspension of recognition or loss or recognition for a student organization.
The following sexual misconduct sanctioning panel procedures are generally followed. The COD reserves the right to adjust these procedures as the Chair deems appropriate.
A. The sexual misconduct sanctioning panel shall be comprised of three members of the sexual misconduct subcommittee. The Chair or Associate Chair and at least one Dean’s representative must be on the panel; the third representative can be any member of the sexual misconduct subcommittee.
B. The sexual misconduct sanctioning panel is scheduled as soon as is reasonably possible after the investigation report and the acceptances of responsibility of the complainant and the respondent are received.
C. The complainant and the respondent will each be invited to submit a letter, not to exceed five double-spaced pages, to the sexual misconduct sanctioning panel. This letter is an opportunity for each party to comment on their acceptance of the recommended finding, the impact of this situation on them, any aggravating or mitigating factors they believe should be taken into consideration, and any sanctions they would like to recommend. Both parties will be given three business days to submit this letter. No additional material may be submitted at this time.
D. In cases where a student organization is the respondent, the governing council responsible for that student organization shall be notified of the pending case and be invited to submit the letter described above to the COD.
E. The Chair will also offer the complainant and respondent the opportunity to participate in a limited sanctioning panel hearing, limited to the question of the appropriate sanction. The COD will schedule the sanctioning panel hearing as soon as is reasonably possible after receipt of any written statements from the parties.
F. Submission of a written statement and/or participation in the sanctioning panel hearing are optional for both parties.
G. Once the Chair concludes the sanctioning panel hearing (or both parties decline the option to participate in a sanctioning panel hearing), the sexual misconduct sanctioning panel will meet in an executive session to review the case and determine an appropriate sanction. The panel will review the written investigation report, any letters submitted by the parties, the respondent’s disciplinary history, and the respondent’s transcript.
Because the facts are agreed and the respondent has accepted responsibility for violating Institute policy, a formal finding of responsibility is entered and the only question during deliberation is the appropriate sanction. The COD sexual misconduct sanctioning panel will decide what is the appropriate sanction or sanctions to impose. The COD sexual misconduct sanctioning panel will make decisions based on a majority vote. In deliberations on sanctions, the COD sexual misconduct sanctioning panel may review any prior findings of responsibility of the respondent. The COD sexual misconduct sanctioning panel is empowered to impose any sanction, including suspension, expulsion, degree revocation, suspension of student organization recognition, and revocation of student organization recognition. The sanctions available are described in Section XI.
H. The Chair or the OSCCS will offer to meet with the respondent and complainant, and the Chair will send a written notice of the sanctioning decision to both parties as soon as is reasonably possible after the sanctioning panel hearing. This letter will be copied to MIT officials as appropriate.
I. Either the complainant or the respondent may appeal the decision reached at a sexual misconduct sanctioning panel, regardless of the severity of the sanction. The appeal procedure is described in Section XII.
J. Record Keeping