A grievance panel will be appointed by the President of the College to hear all cases of discrimination, harassment, sexual harassment or sexual misconduct. The Panel will consist of eight regular members: two faculty, two students, two staff (one administrative and one nonadministrative) and, as nonvoting ex officio, two from the administrator(s) responsible for concerns of women and other underrepresented groups. The President will also select alternates: one faculty, one student, and one staff. Alternates for each ex-officio position will also be selected but used only in case of absence and will not rotate onto the panel. After the standard Student Senate application and interview process for committee selection, the Student Senate will submit a list of six students to the President, from which one student representative of each gender will be selected. Each member (except ex officios) will serve a three-year term: the first year as an alternate, the subsequent two years as a regular member. Those alternates for non-ex-officio positions will be appointed as third year members retire from the board. The President will select a chair from among the members. The panel chair will prepare a yearly report for the Title IX officer and the President of the College detailing the number of different types of incidents of discrimination, harassment, sexual harassment and sexual misconduct brought to the attention of the Grievance Panel. The College is required to report instances of forcible and non-forcible sex offences for the annual crime statistics report as required by the Federal Crime Awareness and Campus Security Act of 1990. This statistical report does not include personally identifiable information. General Procedures
Grievances should be brought forth as promptly as possible. It is the hope and educational intent of this policy to resolve grievances through informal procedures as often as possible. If informal procedures do not resolve the grievance or, due to the nature of the grievance, are not appropriate, the grievant may request a formal hearing by the Grievance Panel. A record will be kept of all cases and filed with the chair of the panel and the designated college officer as follows: Dean of Students, the Dean of the College or the Vice President of Administrative Services if the person complained against is a student, a faculty member or a staff member respectively. In some cases other college officials are to be informed on a confidential basis (e.g., President of the College or Director of Security). These records may be subject to lawful judicial subpoena but will be held in confidence to the extent allowable by state and federal law. Informal Procedures
To initiate informal proceedings, a grievance should be brought for informal resolution to any faculty or staff member of the Grievance Panel. The grievant and the faculty or staff member will together select another faculty or staff member from the panel to hear the grievance. After an initial exploration of the complaint by the panel members, the grievant and the panel members will agree to adopt a course of action including but not limited to those below. A course of action may necessitate informing or requesting an intervention from Student Development, the Dean of the College or the Vice President of Administrative Services if the person complained against is a student, a faculty member or a staff member respectively. 1) The panel member or college officer as defined under General Procedures may attempt to resolve the grievance directly and privately with the person complained against, maintaining the anonymity of the grievant if she or he requests it. 2) The panel member or college officer as defined under General Procedures and the grievant may seek an informal resolution of the grievance by meeting together with the person complained against. 3) Another member of the college community may be asked to resolve the grievance informally by meeting with both parties separately (maintaining the grievant's anonymity if so requested) or together. The panel member or college officer as defined under General Procedures will discuss with the grievant the outcome of the steps taken through the informal procedures. Formal Procedural Guidelines
These are the procedures to be followed in all formal cases of discrimination, harassment, sexual harassment, and/or sexual misconduct, where at least one party is a student. Filing A Complaint
1. Anyone who feels that s/he has been the victim of discrimination, harassment, sexual harassment, and/or sexual misconduct as defined in the Knox College Student Handbook, Faculty Handbook, and the Knox College Policies and Procedures Regarding Sexual Misconduct may notify an ex officio member of the Grievance Panel, who is a member without vote, that such an incident has allegedly occurred, and that a formal grievance will be filed. Said ex officio will then make the Chair of the Grievance Panel aware that a formal grievance will be filed. If the formal complaint warrants a hearing, by decision of the Grievance Panel, a formal hearing must take place within 10 days (240 hours) of the filing. (See Rights of the Complainant #5) 2. All further timelines will begin once the formal grievance has been filed with the Chair of the Grievance Panel. 3. The formal written complaint should contain as many details as possible, including names, places, and times. Also the exact charges (i.e., discrimination, harassment, sexual harassment, and/or sexual misconduct) should be explicitly stated. 4. The ex officio member of the Grievance Panel will forward the written formal complaint to the Chair of the Panel who will then distribute the document to the other voting members of the Grievance Panel. The voting members of the Panel will then decide by majority vote if the complaint warrants a formal hearing. This decision will be made no later than 2 days (48 hours) after the formal complaint has been filed. Notification
5. If the Grievance Panel votes to hold a hearing, both the accused and the complainant will be notified no later than 4 days (96 hours) after the complaint has been filed with the Chair. Each party will be notified in three (3) ways. First, a written letter will be placed in each party's mailbox directing them to go to a designated office as soon as possible to pick up an important packet. Second, each party will receive an email directing them to go to a designated office as soon as possible to pick up an important packet. Finally, a trained advocate will call each party between the hours of 7 and 8 a.m. directing them to go to a designated office as soon as possible to pick up an important packet. It is the Chair's responsibility to ensure that the accused and the complainant are notified within 4 days (96 hours). 6. When the party picks up the packet at the Office of Student Development, there will be a detachable form that s/he will sign verifying that s/he has received the packet. Advocate
7. Each party may choose a trained member of the Knox Community to serve as his/her advocate. "Advocate" refers to a Knox community member particularly trained to respond to Grievance Panel cases. An advocate is specifically knowledgeable in the Panel's proceedings and rights of those involved. The advocate's role is to provide support and information prior to the hearing regarding any area pertaining to the Grievance. The advocate may also serve as a party's advisor (see point 11). At the initial meeting between the advocate and the party involved, the latter will receive from the advocate a formal packet that includes all procedures and relevant information. No party is required to choose an advocate. If either party elects not to meet with an advocate, s/he may request the formal packet mentioned above from either ex officio member of the Grievance Panel. Witnesses
8. Each party may submit a list of witnesses no later than 5 days (120 hours) before the hearing. This list must be submitted to an ex officio. It is the ex officio's responsibility to notify said witnesses. These witnesses and only these witnesses have the right to ask an ex officio member of the Panel to be excused from the hearing (see Rights of the Witness). If a witness feels that s/he cannot or should not appear during the hearing s/he must submit a short written explanation to an ex officio member of the Grievance Panel no later than 3 days (72 hours) before the hearing. All decisions concerning a witness's absence will be made by the ex officio members of the Grievance Panel. At the discretion of the ex officio members, approval of the decision may be gained from the full Grievance Panel. All decisions are final. Within 24 hours following the submission of the request the witness will be notified of the decision. An excused witness may be asked to submit written testimony. 9. Any witness not appearing at the hearing who has not received an excused absence from the Grievance Panel will be in violation of the Knox College Student Conduct Code. Those faculty and staff witnesses not appearing at the hearing without having received an excuse from the Grievance Panel will face possible sanctions from the appropriate vice president. 10. All written testimony is due to the Chair of the Grievance Panel at least 1 day (24 hours) in advance of the hearing. Advisor
11. Each party may be assisted by a person acting as an advisor during all interactions with the Grievance Panel. The advisor does not represent a party, but instead provides support and advice during the procedures. The advisor must be a currently enrolled Knox College student or a currently employed faculty member or staff person. The advocate (see #7) is also eligible to fill the role of the advisor. 12. During the hearing, an advisor may not serve as a witness but may submit questions in written form. S/he may participate in the thirty-minute pre-hearing preparation period (see #15) and may, at the request of the party, deliver the closing statement for the party s/he is advising. The Hearing
13. One half-hour before the hearing is scheduled to begin, each party (including the advisor, the accused/complainant, and all witnesses to that party) will meet for a pre-hearing preparation session. At this time, an ex officio member of the Grievance Panel will deliver to each party a final list of all witnesses. Parties may write questions that they would like asked in the hearing and may confer with their own witnesses during this session. An ex officio member may participate in the pre-hearing preparation period at the request of the party. 14. All hearings will be closed to those not directly related to the case being heard. Those directly related include only the members of the Grievance Panel (including ex officio members), the complainant/accused and their respective advisors. Witnesses will be present only during their period of questioning. 15. During the hearing only voting members of the Grievance Panel may directly ask their own questions. Parties and advisors must submit all questions in written form to an ex officio to be read aloud. Questions may be asked or submitted at any time during the hearing until the closing statements are delivered. 16. During the hearing ex officio members will only ask questions that have been submitted. The ex officio members must read all questions submitted in written form. Questions may be submitted at any time during the hearing or voting Panel members may ask questions they themselves find relevant. 17. During the hearing, each party may present only witnesses who were named in the list given out during the pre-hearing preparation period. 18. At the end of the hearing, each party may make one closing statement. This statement may be made by either the complainant/accused or, at the request of the complainant/accused, by their respective advisors. 19. The ex officio members will escort all parties and witnesses into and out of the hearing. 20. After the hearing is completed the Grievance Panel will meet in closed session to determine the findings, including verdict ("guilty" or "not guilty") and appropriate sanctions. Notification of Findings
21. Each party will be notified, by phone by an ex officio member, of the Grievance Panel's findings within 24 hours of the hearing's conclusion. Each party will also receive an official letter from the Chair containing the Grievance Panel's final verdict, reasoning, and sanctions imposed. The Office of Student Development will notify students, via campus mail, that their letter is ready to be picked up. Letters to employees of the College will be delivered by the appropriate vice president's office. A signature will be requested from each party to verify that the letter was received. 22. A copy of said letter will be given to the Dean of Students or the appropriate vice president who will then implement the Panel's sanctions. Appeals
23. Each party has the right to submit to the President of the College an appeal of the Panel's verdict and/or sanctions. Appeals may be filed on grounds according to section 15 of the Rights of the Complainant or the Rights of the Accused. An appeal must be filed no more than three (3) school days after the notification (by date of the formal letter) of the Panel's findings, absent good cause for delay. Exceptions
24. The Grievance Panel has the authority to make exceptions to these procedures and timelines due to extenuating circumstances determined by the Grievance Panel. The Grievance Panel must notify all participants if any such exceptions must be made. Rights of the Complainant
A complainant in a case of discrimination, harassment, sexual harassment, and/or sexual misconduct has the following rights: 1. The right to decide whether s/he wishes to request a formal hearing. 2. The right to an unbiased hearing and the right to a hearing based solely on information presented at the hearing only. 3. The right to have a trained member of the Knox College community serve as a pre-hearing advocate who will be available at the time of filing. The complainant can request that the advocate leave the case at any point until the pre-hearing preparation period. The advocate is not necessary but is recommended. 4. The right to have any member of the Knox community (including the advocate) serve as an advisor during all interactions with the Grievance Panel. During the hearing, an advisor may not serve as a witness but may ask questions in written form, may participate in the thirty-minute pre-hearing preparation period, and may, at the request of the party, deliver the closing statement for the party s/he is advising. 5. The right to a timely hearing. All hearings must take place within 10 days (240 hours) of the filing of a formal complaint. 6. The right to be questioned in a non-confrontational way with ex officio members asking only those questions that have been submitted in written form and voting members asking questions that they themselves feel appropriate. 7. The right to a thirty-minute preparation period immediately prior to the hearing. During this time the complainant will receive a complete list of witnesses being called by the accused. 8. The right to a closed hearing. 9. The right to present witnesses relevant to the case. The names of witnesses who may request an excused absence from the hearing must be presented no less than 5 days (120 hours) before the hearing. 10. The right to question all information, as well as witnesses and the accused, through written questions. 11. The right not to have his/her sexual history discussed during the hearing, except as it involves the complainant's past sexual activity with the accused. 12. The right to present one closing statement (given by either the complainant or his/her advisor) at the end of the hearing. 13. The right to be notified of the Panel's findings. 14. The right to have his/her identity remain confidential. 15. The right to appeal to the President of the College on any of the following grounds: - Failure of the Grievance Panel to follow the procedures set forth herein;
- Bias on the part of the Grievance Panel or any members of the Panel;
- New information unavailable at the time of the original proceeding.
The Grievance Panel has the authority to make exceptions to these procedures and timelines due to extenuating circumstances determined by the Grievance Panel. The Grievance Panel must notify all participants if any such exceptions must be made. Rights of the Accused
If a hearing is authorized as a result of a formal complaint of discrimination, harassment, sexual harassment, and/or sexual misconduct, the accused has the following rights: 1. The right to an unbiased hearing and the right to a hearing based solely on information presented at the hearing only. 2. The right to receive written notification of the charges and a copy of the statement of the complainant at least 7 days (168 hours) prior to the hearing. 3. The right to have a trained member of the Knox College community serve as a pre-hearing advocate who will be available at the time of filing. The accused can request that the advocate leave the case at any point until the pre-hearing preparation period. The advocate is not necessary but is recommended. 4. The right to have any member of the Knox community (including the advocate) serve as an advisor during all interactions with the Grievance Panel. During the hearing, an advisor may not serve as a witness but may ask questions in written form, may participate in the thirty-minute pre-hearing preparation period, and may deliver the closing statement for the party s/he is advising. 5. The right to a timely hearing. All hearings will take place within 10 days (240 hours) of the filing of a formal complaint. 6. The right to a closed hearing. 7. The right to remain silent; silence is not construed as evidence of guilt. 8. The right to be questioned in a non-confrontational way with ex officio members asking only those questions that have been submitted in written form and voting members asking questions that they themselves feel appropriate. 9. The right to a thirty-minute preparation period immediately prior to the hearing. During this time the accused will receive a full list of the witnesses being called by the complainant. 10. The right to question all information, as well as witnesses and the complainant, through written questions. 11. The right not to have his/her sexual history discussed during the hearing, except as it involves the accused's past sexual activity with the complainant. 12. The right to present witnesses relevant to the case. The names of witnesses, who may request an excuse from the hearing, must be presented no less than 5 days (120 hours) before the hearing. 13. The right to be notified of the outcome of the Panel's findings. 14. The right to have his/her identity remain confidential. 15. The right to appeal to the President of the College on any of the following grounds: - Failure of the Grievance Panel to follow the procedures set forth herein;
- Bias on the part of the Grievance Panel or any members of the Panel;
- New information unavailable at the time of the original proceeding;
- Appropriateness of the sanction
The Grievance Panel has the authority to make exceptions to these procedures and timelines due to extenuating circumstances determined by the Grievance Panel. The Grievance Panel must notify all participants if any such exceptions must be made. Rights of the Witness
Those who are called to serve as a witness for either the complainant or the accused in a hearing resulting from a formal complaint of discrimination, harassment, sexual harassment, and/or sexual misconduct have the following rights: 1. The right to be questioned in a non-confrontational way with ex officio members asking only those questions that have been submitted in written form and voting members asking questions that they themselves feel appropriate. 2. The right to provide a short written explanation to an ex officio member of the Grievance Panel to request an excuse from the hearing for personal reasons. This short written explanation must be submitted no later than 3 days (72 hours) in advance of the scheduled hearing, absent good cause shown for the delay. In this instance there are three possible outcomes: - A full excuse from the hearing may be granted;
- An excused absence for the hearing with the submission of written testimony may be granted; or,
- No excuse may be granted.
All decisions concerning a witness's absence will be made by the ex officio members of the Grievance Panel. At the discretion of the ex officio members, approval of the decision may be gained from the full Grievance Panel. All decisions are final. 3. The right to provide written testimony, either in conjunction with his/her oral testimony or, as stated above for an excused absence, in place of his/her testimony. 4. The right to confer with their respective party during the thirty-minute pre-hearing preparation period.
The Grievance Panel has the authority to make exceptions to these procedures and timelines due to extenuating circumstances determined by the Grievance Panel. The Grievance Panel must notify all participants if any such exceptions must be made.
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