IV. Reporting Procedures for Complaints of Sexual Misconduct
Students have two general options for making a complaint of sexual misconduct. Students may make an on-campus complaint in person (followed up in writing by the student or by a representative of the college) according to the procedures listed below. Students may also make a formal complaint with the Decorah Police Department. Finally, students may also pursue both complaint options concurrently.
On-Campus Reporting
1. Complaints of sexual misconduct may be made by students, faculty members, or staff members to one of the Harassing Conduct Officers, a Vice President or Dean, the Human Resources Office, a Residence Life staff member, or the Safety and Security Office. Please note: If a complaint is made to another individual or office, the Complainant risks the possibility that the alleged Code of Conduct violation will not come to the attention of proper college officials and may, therefore, not be acted upon.
2. Sexual misconduct is a violation of the Luther Code of Conduct. The Code of Conduct outlines the procedures for addressing complaints against students including a description of the rights of Complainants and Respondents, student code authority and policy jurisdiction, prohibited behaviors, conduct procedures, possible sanctions, interim suspension, and the appeals process. Sexual misconduct cases are handled in a manner similar to the process outlined in the Code of Conduct.
3. Additional procedures related to managing complaints of sexual misconduct follow:
a. Complaints of sexual misconduct will be promptly investigated. For most complaints, investigations will be done by the Student Conduct Coordinator or a Harassing Conduct Officer if the Respondent is a student, and by a representative of the Human Resources Office or a Harassing Conduct Officer if the Respondent is a faculty or staff member.
b. If the Respondent is a student, the person investigating the complaint will prepare a written fact-finding report in consultation with the Vice President and Dean for Student Life. The investigation will generally include, at a minimum, separate interviews of the Complainant and the Respondent. The Complainant and the Respondent will be permitted to have an advisor/support person (not an attorney) present during their respective interviews. The investigator will also gather and review other evidence as deemed necessary.
c. The Vice President and Dean for Student Life and/or the Student Conduct Coordinator shall, based on the available evidence including the fact-finding report and the information gathered by the investigator, make an initial determination that the charges either have merit or do not have merit. They may, at their discretion, conduct additional investigations and/or institute a formal hearing before the Interpersonal Violence Hearing Board.
d. If the charges do have merit, the Vice President and Dean for Student Life and/or the Student Conduct Coordinator may resolve the charges administratively by mutual consent of the parties involved on a basis acceptable to the Vice President and Dean for Student Life and/or the Student Conduct Coordinator. Such disposition shall be final, and there shall be no subsequent proceedings.
e. If the charges do have merit and cannot be resolved administratively, a formal hearing is held in a manner specified in the Code of Conduct for all college hearing boards. The complaint will be heard by the Interpersonal Violence Hearing Board, a specially trained group consisting of four students and four faculty/staff members. At least six members of the Interpersonal Violence Hearing Board must be present for each hearing; a simple majority vote is sufficient for reaching a decision.
f. The Complainant and the Respondent will be permitted to each have a support person (not an attorney) present during the hearing; however, this support person will not participate directly in the hearing.
4. A complaint of sexual misconduct will be resolved as follows:
a. The charges may be resolved administratively (including the imposition of sanctions), by mutual consent of the parties involved, on a basis acceptable to the Vice President and Dean for Student Life and/or the Student Conduct Coordinator.
b. The Interpersonal Violence Hearing Board may find that the Code of Conduct/Student Sexual Misconduct Policy has been violated; the Student Conduct Coordinator, in consultation with the hearing board, may impose disciplinary sanction(s) as outlined in the Code of Conduct and/ or take other appropriate action.
c. The Interpersonal Violence Hearing Board may find that the Code of Conduct/Student Sexual Misconduct Policy was not violated; the complaint will be dismissed.
d. The Interpersonal Violence Hearing Board may conclude that information about the case was insufficient or contradictory and a decision cannot be reached; the complaint will be dismissed.
5. Complainants and Respondents will be notified about the Interpersonal Violence Hearing Board decision.