Sexual Misconduct: Internal Judicial Procedures
Office of the Dean of the College
Internal Judicial Procedure: Timeline for Investigation of a Claim
of Sexual Misconduct
- A determination will be made in consultation with the Title IX Coordinator and the Director of Campus Safety as to whether certain interim remedial measures are necessary, including, e.g., the temporary suspension of the student accused of sexual misconduct, the issuance of a "no contact" order, a change in residence hall assignments, etc. This determination may be revisited, if appropriate, at any point during the investigation.
- The student making the allegation (“Complainant”) will be interviewed by the College’s investigator. The investigator will produce a written statement, to be signed by the Complainant in order to confirm that it accurately represents his or her recollection of the event or events that prompted the allegation.
- The student against whom the allegation is being made (“Respondent”) will be interviewed by the College’s investigator. The investigator will produce a written statement, to be signed by the Respondent in order to confirm that it accurately represents his or her recollection of the event or events in question.
- The College investigator will interview any other relevant individuals identified in the course of the investigation. The investigator will also review any other relevant materials, including, e.g., e-mails, texts, social media posts, photographs, etc.
- The investigator will summarize his or her findings in a report to the Dean of the College, who will make a determination as to whether there is a potential violation of Haverford’s sexual misconduct policy, requiring the convening of a Dean’s Panel. The investigator’s report may include a recommendation, but the determination is up to the Dean, in consultation with the Title IX Coordinator.
What if the Complainant does not want an investigation?
Haverford is obliged by Title IX to investigate allegations of sexual misconduct. Thus the investigator will make every effort to follow up on the information that he or she possesses in order to assist the Dean in making a determination as to whether a violation of our policy may have occurred. While every effort is made to preserve the privacy of the Complainant, confidentiality cannot be guaranteed.
What if the Respondent refuses to participate in the investigation or as a confronted party in a Dean’s Panel
The investigation and, if appropriate, Dean’s Panel will go forward regardless of whether the Respondent participates or cooperates. A Respondent who refuses to participate in the process will still be subject to any outcome or sanction reached in his or her absence. A Respondent who refuses to participate will not be entitled to invoke the College’s appeal process. Respondents are strongly encouraged to participate in the investigation and, if appropriate, Dean’s Panel.
What if the Complainant does not want to participate in the investigation or as a confronting party in a Dean’s Panel?
As stated elsewhere, Haverford may have to move forward with an investigation and, if appropriate, convene Dean’s Panel even in the absence of the participation of the Complainant. The ability of the College to pursue a violation may be hindered, however, if the Complainant refuses to participate. A Complainant who refuses to participate will not be entitled to invoke the College’s appeal process. Complainants are strongly encouraged to participate in the investigation and, if appropriate, Dean’s Panel.
What steps may be taken to respond to the incident pending a thorough investigation and, if appropriate, Dean’s Panel?
In the case of sexual misconduct, violence or threat of violence where there is a concern for the Campus Safety of the community, the Dean of the College may suspend a student immediately. After such action, the Dean of the College, the Director of Security and an EEOC Officer will consult within 48 hours after the suspension to review the case and determine if further action through internal judicial processes is indicated. At that time, a determination will be made as to whether the suspension will continue indefinitely or until a pre-determined time, such as the conclusion of an investigation and/or hearing. In a case where an investigation produces a suspicion of violation leading to a Dean’s Panel, if suspension is warranted, its duration would be at the discretion of the Dean of the College, but would normally be maintained until at least the end of the Dean’s Panel process, to include any appeals made to the President.
If a Complainant comes forward at Haverford, is he or she prevented from going to the police, or undertaking civil action?
No. Haverford students who believe that they have experienced sexual misconduct can seek redress from any or all of these resources. Complainants can make a complaint through the Haverford College processes set forth here, can contact the police, and can pursue civil actions. These different options are not mutually exclusive. Students may pursue any or all of them.
What if the alleged misconduct occurred off campus?
Title IX requires Haverford to investigate any allegation of sexual misconduct by one of its students against another if it may impact the ability of the Complainant to fully participate in the educational opportunities offered to all students. Therefore, it is possible that an allegation of such an off-campus incident, i.e. on a study-abroad program, in another city, over the summer or on a break, at an off-campus party, etc., could lead to an investigation and, if warranted, a Dean’s Panel.
Is there a time frame during which allegations of sexual misconduct must be raised with the College?
Normally, Haverford requires that complaints of sexual misconduct be made within one year of the incident in question. The Dean of the College, however, may extend this time limitation at her sole discretion. Regardless of whether a complaint is made within one year, all of the support systems and resources at Haverford for students who have experienced sexual misconduct are available to the Complainant.
What if the Respondent is no longer at Haverford?
Haverford reserves the right to conduct an investigation and, if appropriate, convene a Dean’s Panel related to a student’s complaint of sexual misconduct that occurred while the Respondent was enrolled at the College, even if the Respondent has since graduated, withdrawn or taken a leave.
What if one of the parties is a student at Bryn Mawr?
Normally, a student would be subject to the judicial procedures at his or her home campus, regardless of where the alleged sexual misconduct occurred. However, as the ultimate determinant of violations and resolutions is dependent on the potential impact on the complainant, both campuses may be involved in the process, at the discretion of the Dean of the College at Haverford in consultation with the Dean of the Undergraduate College at Bryn Mawr. In all cases involving students from other campuses, the home campus of any involved student will make its own determination of the appropriate process(es), separate from any action taken by Haverford.
Who can see the materials that are generated by an investigation?
Each party has the right to see the signed statement of the other party. The summary of findings of the investigator and any notes he or she may have made in the course of the investigation, however, are not made available to anyone other than the Dean of the College, the Title IX Coordinator, and, if necessary, the Director of Campus Safety.
Revised August 2012