In all cases not involving sexual misconduct, sexual harassment, intimate partner violence, stalking, and Title IX Sexual Harassment, which are governed by Section XIII, the Chair, after reviewing the complaint and any other documentation the Chair deems appropriate, determines whether the complaint is within the jurisdiction of the COD and then the method of resolution for the complaint. The Chair may consult appropriate individuals in making the determination. The determination by the Chair on the method of resolution is final and not appealable.
In general, the COD will proceed with its process without waiting for the resolution of criminal, civil, or other legal actions arising from the same set of facts that caused a COD complaint. The Chair may exercise discretion on a case-by-case basis to delay or defer the COD resolution for a period of time while any law enforcement activity, criminal charges, or other external matters are proceeding, although the COD need not defer or delay resolution until those matters have been fully resolved.
The Chair of the COD, the OSCCS, the Office of the Chancellor, a representative of the Division of Student Life, Title IX Coordinator, or other appropriate Institute official can request that an Investigation be conducted to determine whether a complaint should be filed and/or to assist the COD in resolving complaints. An Investigation can be requested at any time before final resolution of a complaint under any of the three methods of resolution below, including before a formal complaint has been filed. Investigations conducted by IDHR in response to complaints of sexual misconduct, sexual harassment, intimate partner violence, and stalking, including Title IX Sexual Harassment, as well as other forms of discrimination or discriminatory harassment, will be conducted in accordance with processes developed by IDHR. See also Section XIII for special procedures for investigating and resolving complaints of sexual misconduct, sexual harassment, intimate partner violence, stalking, and Title IX Sexual Harassment.
From time to time, a complaint against a residence hall, or an individual floor or unit within a residence hall, may involve group conduct that has an ongoing or significant impact on the health, safety, wellbeing, or educational or working experience of residents, employees, or the broader MIT community. Resolution of this type of complaint may require oversight by the Institute that goes beyond the COD’s traditional sanctioning model, such as closure or repurposing of a residence hall, or the removal or relocation of a significant number of students. In such cases the COD may make non-binding recommendations to MIT Senior Leadership in addition to or in lieu of making a final determination of responsibility and sanctions. To assist it in making its recommendations, the COD may consult with the Vice President and Dean for Student Life or other relevant Institute officials to gather additional information about the nature and scope of the complaint, and the COD is permitted to make such recommendations regardless of the method of resolution of the complaint (i.e., Administrative Resolution, Hearing, or Sanctioning Panel).
Methods of resolution:
A. Administrative Resolution: An administrative resolution of a complaint is determined by the Chair and the OSCCS. The Chair and OSCCS may also consult a student member of the COD. Neither the complainant nor the respondent will meet with the COD. The Chair will determine whether a violation of policy occurred as alleged in the complaint. If the Chair determines that a violation did occur, the Chair may assign sanctions. All sanctions other than probation with transcript notation, suspension, expulsion, and degree revocation for individual students and suspension of recognition, revocation of recognition, and loss of residence for student organizations may be assigned in an administrative resolution. There is no appeal to decisions reached in administrative resolution.
B. COD Hearing
C. COD Sanctioning Panel