XV. Sexual Misconduct Sanctioning Panel Procedure

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 investigator’s 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.  The subcommittee member who reviewed the investigation report as described in Section XIII (F)(v) may or may not be one of the selected three panelists.

B. The sexual misconduct sanctioning panel is scheduled as soon as is reasonably possible after the investigator’s 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 to the sexual misconduct sanctioning panel.  This letter is an opportunity for each party to comment on their acceptance of the investigator’s recommendation, 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.

  1. 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.

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 a letter to the COD about the case.

E. The sexual misconduct sanctioning panel will meet in an executive session to review the case and determine an appropriate sanction.  Neither the complainant nor respondent will participate in person.  The panel will review the investigator’s written report, the 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.

F. The Chair or the OSC will usually meet with the respondent and complainant within five business days of the sexual misconduct sanctioning panel.  A written notice of the decision is usually provided to a respondent and the complainant no later than five business days after the sexual misconduct sanctioning panel. This letter will be copied to MIT officials as appropriate.

G. 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.

H. Record Keeping

i. No recording of any kind of a sexual misconduct sanctioning panel is allowed. No electronic devices may be used during a sexual misconduct sanctioning panel by anyone present.

ii. A documentary record of the proceedings will be kept in the files of the COD. This record should consist of: (1) the investigation report and the acceptances of the investigator’s recommendations by the complainant and respondent, (2) all documents considered at the panel, and (3) the decision letter. This record does not summarize or otherwise attempt to preserve the hearing or deliberative discussions.

 

 

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