Campus SaVE clarifies minimum standards for institutional disciplinary procedures covering IPV, stalking, and sexual violence.
Institutions must adopt and disclose policies that:
- Address possible sanctions or protective measures that may result from an institutional disciplinary proceeding.
- State the standard of evidence (which under current Title IX guidelines is ‘preponderance of the evidence’ or ‘more likely than not’).
- Provide a prompt, fair, and impartial investigation and resolution.
- Proceedings must be conducted by officials who receive annual training on all forms of interpersonal violence (which includes IPV, stalking, and sexual violence and harassment), including how to conduct an investigation, protect the safety of victims/survivors, and promote accountability.
- Require that both the reporting and responding party are entitled to the same opportunities to have others present, including the opportunity to be accompanied to any related meeting or proceeding by an advisor of their choice (an institution may not meet this requirement by denying both parties the right to an advisor). Further, 2013 NC Law allows responding parties from UNC System institutions to have full representation by an attorney.
For more information on the UNC System, visit the Policy Manual for UNC System Schools: The UNC System issued transmittal letter #86 on August 27, 2013, updating the policy for minimum substantive and procedural standards for student disciplinary proceedings for all UNC System Campuses.
- Do not limit the choice of advisor for either the reporting party or the responding party; however, the institution may establish restrictions regarding the extent to which the advisor may participate in the proceedings, as long as the restrictions apply equally to both parties and comply with state law.
- Require that both the reporting party and the responding party shall be simultaneously informed, in writing, of the following:
- The outcome of any institutional disciplinary proceeding, including the behavior alleged (or policy violation), the decision, the sanction and the rationale therefore;
- The procedures for the reporting party and the responding party to appeal the results of the proceeding;
- Any change to the results; and
- When such results become final.