Office of Judicial Affairs

Resolution of Alleged Sexual Misconduct

Introduction | Pre-Hearing | Hearing | Post-Hearing

Sexual Assault Services

[Visual representation of this process available!]

Introduction
It is important to know that when working with students who have found themselves as participants in the conduct process, we approach each incident as unique.  Cases are heard, and decided, on an individual basis taking each situation’s circumstances into account.  Our goal is to educate students about choices and to help them learn from past choices.

Once in receipt of a formal complaint alleging sexual misconduct, Judicial Affairs provides the complainant with written notification of a bilateral order of no contact. Simultaneously, Judicial Affairs provides the respondent with a letter notifying them of their involvement in an incident of alleged sexual misconduct, imposition of a bilateral order of no contact, and provides details for a pre-hearing meeting with the Office of Judicial Affairs.

Pre-hearing
Before resolving the pending charge(s), the student respondent will meet with a professional staff member in the Office of Judicial Affairs. During this time, discussion will focus on a review the resolution process, including procedural rights and responsibilities of all parties. Questions are also addressed at this time.

Once a board has been secured, the complainant and respondent receive written notification providing details for the upcoming hearing. This notice further establishes deadlines for submission of witness and document information, and discusses the process designed to ensure an exchange of information across parties.

Hearing
The hearing board will determine whether there has been a violation of the University Judicial Code, and will recommend sanctions to the Office of Judicial Affairs, if applicable. This board is comprised of three George Mason University professional staff/faculty members appointed by the Office of Judicial Affairs. No more than two shall be of the same sex. A chairperson for each hearing will be selected by the panel members from among those appointed to hear the case. The complainant and respondent may have an advisor present during the hearing, but advisors are not permitted to address the board or examine the witnesses.

Each party will have an opportunity to present a narrative statement, beginning with the complainant. The complainant will represent him/herself and present pertinent information, including any relevant documentation. The respondent, followed by the board, will then have an opportunity to ask clarifying questions. The responding party will represent him/herself and present pertinent information, including any relevant documentation. The complainant, followed by the board, will then have an opportunity to ask clarifying questions. Each party will then have an opportunity to present relevant witnesses to supplement their narrative account. Questioning of witnesses will follow with questions first by the student, then by the board. When both parties have presented their case, each will be allowed a closing statement, beginning with the respondent. All parties will then be dismissed for board deliberation. A finding of responsibility for a violation of University Judicial Code requires an affirmative majority vote of the members of the Sexual Misconduct Board.

Post-hearing
Following the hearing, the respondent will receive an email decision letter indicating whether or not they have been found responsible or not responsible.  If the student has been found” not responsible,” the charges will be dismissed.  When a student has been found “responsible,” the decision letter will detail any sanctions the student is then responsible for completing, as well as the date by which completion is required.

Upon receipt of the decision letter, students are afforded the opportunity to appeal the board's decision.  It is important to note that a responding student may request an appeal only if one or more of the following conditions is present: evidence not available at the hearing which, had it been available, would likely result in a different finding; substantial procedural irregularity; violation of the standards of fairness used to govern conduct hearings.  Appeals are heard by the Dean of Students, or special designee, and determine the final outcome of any incident.