Frequently Asked Questions (FAQ)
Reports of Sexual Assault Offenses
Q: Will my parents be notified regarding the charges, the hearing, outcome, etc.?
A: The University will not notify parents regarding the charges, the hearing, outcome, or any other aspect of a sexual assault complaint without permission.
Q: Will I have to see, speak to, or answer questions from the accused student during the hearing process?
A: Fredonia works very hard to ensure a fair and balanced judicial process for both parties. If you feel uncomfortable about having to see the accused student, there are ways we can minimize contact (ex: screen, video conferencing equipment, etc). Both you and the accused student may ask questions of each other and all witnesses called to testify. To minimize contact between the two parties and ensure questions are relevant to the case, all questions are posed to the Judicial Board first. The Judicial Board then poses the question to the appropriate person. The accused student can not directly ask you any questions.
Q: Can I bring someone with me to the hearing or other meetings associated with my sexual assault complaint?
A: We encourage students to have a support person present during the hearing and at other meetings associated with your sexual assault complaint. This person cannot speak on your behalf, but can provide you emotional support.
Q: Who sits on the Judicial Board? What if I know someone on the board?
A: The Judicial Board is compromised of faculty, staff, and students at Fredonia. Judicial Board members are expected to recuse themselves from cases where they know either the complainant or respondent. If you feel that someone on the board is unable to fairly hear your case, please notify the Director of Student Conduct prior to the start of the hearing.
Q: Will the campus community be notified about the hearing?
A: Judicial Board hearings are closed proceedings. No one outside of the Office of Enrollment & Student Services and those on the Judicial Board are informed of disciplinary hearings. Judicial Board members are prohibited from discussing cases outside of the hearing.
Q: What will happen to the accused student if they are found responsible?
A: A student found reponsible for a violation of the University's Policy on Sexual Assault will be suspended or expelled from Fredonia.
Q: Can I call witnesses? Can the accused student call witnesses?
A: At the hearing, you and the accused student will have the opportunity to explain the circumstances surrounding the incident and call witnesses. Both parties can ask questions of any witnesses (through the Judicial Board).
Q: What happens after I file a complaint?
A: After a complaint is filed, you will be contacted by the Director of Student Conduct to discuss the report. Usually, a one-on-one meeting will be scheduled with you to discuss the report, your options, available resources, and the judicial process.
Q: What if the sexual assault occurs off-campus?
A: If it is the case that the sexual assault occurs off-campus and the aggressor is not part of the campus community, you should contact local law enforcement. You should also contact the Counseling Center who can provide you with assistance going through the legal system. As a campus, we can also restrict someone from being on campus, that is a danger to our community by making them Persona Non Grata (PNG), so you should also inform the Office of Student Conduct as well. If it is the case that the sexual assault occurs off-campus and the aggressor is a Fredonia student, you should report it to both the local law enforcement as well as the Director of Student Conduct. Since the campus has jurisdiction wherever the student is, we can pursue disciplinary action for off-campus misconduct.
Judicial Board and Administrative Hearings
Q: What is the difference between a Judicial Board Hearing and an Administrative Board Hearing?
A: They are both procedurally the same. The difference is who hears the case. The Judicial Board is a five person panel. This board is comprised of student members, as well as faculty and staff members. The Administrative Board is a three person panel comprised of faculty and staff members.
Q: What is expected of me at the hearing?
A: The board will ask you to respond responsible or not responsible to the charges. Members of the board will then ask you to describe what happened. It is suggested that you prepare a statement beforehand so you don't leave out any details. At the end of the hearing, the board will ask you if there is anything else you want them to know. This is your opportunity to let the board know more information about yourself and highlight any major points. The former is usually referred to as your 'closing statement'.
Q: Can I bring someone with me to the hearing?
A: Yes, although this person does not have a speaking tole in the hearing; their role is to support/advise you.
Q: Can I call witnesses?
A: Yes. It is recommended, although not required, that you let the Director of Student Conduct know how many witnesses you are bringing prior to the hearing.
Q: Can I ask questions of witnesses?
A: Yes. These questions must be asked through the board.
Q: If I have prior violations, does the Board know about them?
A: If a student has prior violations, the board is not made aware of this before the hearing. The board will only find out about prior violations if the student is found responsible.
Q: When will I know the outcome of the hearing?
A: The board will usually make a decision on the same day of the hearing during their deliberations. You will be notified of the outcome within 3-5 days following the hearing.
Q: Can I appeal the hearing decision?
A: Yes. You can make one appeal to the President within 5 days of receipt of your finding letter. You can appeal on two grounds: that there was a procedural due process error or that there was evidence that was not entered at the hearing that would significantly change the outcome of the hearing. The President's decision is final and the case is not subject to further administrative review.
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