#23.  What is the College appeal process for either complainants or respondents?

  • Both the complainant and respondent have the right to appeal the decision of either an Administrative Review or a Panel Hearing.  The policy is that the appeal must be filed with the Dean of the College, Dean Hazlett, or her designee, within 5 business days of notification of the outcome of the Review or Hearing.  There are two grounds for appeal: 1. A claim of error in the hearing procedure that affected the outcome of the hearing. 2. A claim of new evidence, information or material that was not available at the time of the hearing and is relevant to the case.

Before deciding on the appeal the Dean of the College or designee will meet with the Sr. Associate Dean of the College, Dean Flores-Mills, and with the Panel Chair and may meet with members of the Panel.

#24. It is confusing who is a mandated reporter.  Shouldn’t specific efforts be made to standardize how student workers are trained on this matter?

  • All employees of the College are Mandated Reporters.  Student workers are included in this but with a caveat.  Unlike other employees of the College who are mandated reporters at all times, student workers must report only when they become aware of sexual misconduct while they are working. When they return to their dorm or apartment after work and their roommate tells them they were assaulted, they do not have to report that.  There is one exception, students who are employed to work in the House system and serve as HAs, MAs, PAs and mentors of students in the House are mandated reporters 24/7.  They must report what any student tells them at any time whether that student is a member of their House or not.  Each House has different designations for these student workers who are responsible for the guidance and well-being of the residents in their House.  A rule of thumb is that if you are employed, i.e. receive a College paycheck, and work in the House system as one who is responsible for the well-being of other students, you are a mandated reporter at all times. All student workers are required to view the video explaining their role as mandated reports and when, how and to whom to report. (https://www.fandm.edu/campus-life/sexual-misconduct-handbook/information-for-mandatory-reporters/what-should-you-do-if-a-report-is-made-to-you).

Q&A with the Title IX Coordinator is a new addition to The College Reporter. It is a weekly column in which Jan Masland will be responding to questions from the past forums on sexual misconduct. Generally these questions will be those that students asked about subjects related to sexual assault and TItle IX. If you have any questions that you would like Jan Masland to answer, please email them to mpinsk@fandm.edu, and we will see if we can incoorporate those answers into a later issue of The College Reporter. Thank you.