Vice President for Student Affairs - Sexual Assault Board

University of Virginia Vice President for Student Affairs

Procedures for Cases of Sexual Assault ¹

View the Sexual Assault Board's Operating Principles

March 15, 2005

Introduction
Procedural Options
Additional Terms
Amendments

INTRODUCTION
1. Overview of University Procedures
  
  Sexual Assault is a serious offense. The University encourages students to report Sexual Assault promptly to local law enforcement agencies. Sexual Assault also violates the University's Standards of Conduct, and will not be tolerated in this community of trust. The University urges students to report Sexual Assault under these administrative provisions.
  
  Students who have experienced a Sexual Assault may receive support from a variety of sources, including the Office of the Dean of Students, the University's Women's Center, Counseling and Psychological Services at University Student Health, Charlottesville's Sexual Assault Resource Agency ("SARA"), and the Victim and Witness Assistance Programs for the city of Charlottesville and Albemarle County. Additional information about these services is available at: [URL to come]. The University urges all of its students to become familiar with available support services and obtain this support. University students are eligible to receive support regardless of whether they elect to pursue criminal, civil, or administrative remedies under these procedures.
  
  The purpose of the University's procedures is to encourage students to take responsibility for their behavior, to ensure compliance with applicable state and federal regulations, to fairly discipline and sanction behavior that is inconsistent with the Standards of Conduct, and to educate students about implications and consequences of their behavior.
  
  University of Virginia students are expected to maintain the highest ethical standards of honesty and respect for others. In the context of intimate relationships, the use of alcohol or other drugs can blur the distinction between consent and manipulation. Real or perceived power differentials between individuals also may create an atmosphere of coercion that can significantly impair the ability to consent. These procedures, in particular the identification of "Sexual Misconduct" as an offense within the rubric of "Sexual Assault," take these issues into account. Being under the influence of alcohol or drugs is not an excuse under these procedures.
  
  The University offers alternative options to address cases of alleged Sexual Assault within the framework of the University's administrative processes. The options are designed to provide an opportunity for both parties in the dispute to present their versions of the incident and to understand the nature of the incident and its effects on the complainant, the accused student, and the University community. The options differ in their procedures, degree of formality, and potential results.
  
  The initiation of procedural options is normally coordinated through the Office of the Dean of Students. However, nothing in these procedures precludes the Dean of Students or other University officials from taking appropriate action to enforce University policy or comply with applicable law. This would include, but not be limited to, restricting contacts between the parties, initiating housing or academic accommodations, or ordering interim suspensions. The University may take appropriate protective and administrative action even in situations where the complainant is absent. Use of these procedures does not preclude the use of other dispute resolution options outside the University, including civil and/or criminal proceedings.
2. Definitions
  
  "Effective consent" referenced in the terms below means words or actions that show a voluntary agreement to engage in mutually agreed-upon sexual activity.
  
  "Act" referenced in the terms below includes but is not limited to sexual intercourse, sodomy or sexual penetration with an inanimate object, the touching of a person's intimate parts (defined as genitalia, groin, breast or buttocks, or clothing covering them), or compelling a person to touch his or her own or another person's intimate parts without effective consent.
  
  Sexual Assault occurs when the act is intentional and is committed either by a) physical force, violence, threat, or intimidation; b) ignoring the objections of another person; c) causing another's intoxication or impairment through the use of drugs or alcohol; or d) taking advantage of another person's incapacitation, state of intimidation, helplessness, or other inability to consent.
  
  Sexual Misconduct occurs when the act is committed without intent to harm another and where, by failing to correctly assess the circumstances, a person believes unreasonably that effective consent was given without having met his/her responsibility to gain effective consent. Situations involving physical force, violence, threat or intimidation fall under the definition of Sexual Assault, not Sexual Misconduct, and will be treated as such under these procedures.
3. Procedural Options
  
  The University has established three procedures to address cases of alleged Sexual Assault. The two formal procedures (based on the filing of a complaint) are Structured Meeting and Formal Adjudication. The informal procedure is Mediation. Details of these procedures and any limitations on their use are outlined below.
4. Geographic Jurisdiction
  
  To fall within the jurisdiction of the University's administrative procedures, the act(s) of the alleged Sexual Assault must have been committed by a student on University-owned or leased property, at any University sanctioned function, at the permanent or temporary local residence of a University student, faculty member, employee, or visitor, or in the City of Charlottesville or Albemarle County.
5. Timing of Complaints and Availability of Procedures
  
  A complaint of Sexual Assault in which a Structured Meeting or Formal Adjudication is sought must be made in writing to the Office of the Dean of Students within one (1) calendar year of the time the complainant first knew or should have known the identity of the accused student. It is the responsibility of the complainant to consult with the Office of the Dean of Students concerning the accused student's intended date of graduation and to file in a timely manner in cases where jurisdiction over the accused might otherwise be lost. For good cause shown, the Dean of Students may extend the above time period and allow a request for a Structured Meeting or Formal Adjudication before the Sexual Assault Board. Good cause is determined in the Dean's sole discretion and shall include consideration of whether a lengthy delay will allow the rights of the accused student to be respected. As an entirely voluntary process, Mediation can be requested by a University student at any time.
  
  If a complaint is filed within sixty (60) calendar days of the accused student's intended graduation, during a University recess or the Summer Session, or in other circumstances where the Office of the Dean of Students determines that the complaint cannot otherwise be resolved in a timely manner, procedural options may be limited. In particular, Formal Adjudication may be limited to an administrative hearing by a faculty or staff member appointed by the Vice President for Student Affairs. If an administrative hearing takes place, the hearing procedures set forth below for the Sexual Assault Board will apply to the extent practicable. In no circumstances will the University allow an impending graduation to compromise its adjudicative process. A conferral of a degree may therefore be postponed or deferred if necessary until proper resolution of charges, provided a hearing opportunity shall be diligently scheduled for the earliest practicable date that shall accommodate the parties and their witnesses.
6. Non-Student Complainants
  
  Complainants who are not students at the University of Virginia may file a complaint with the Office of the Dean of Students and request either a Structured Meeting or Formal Adjudication before the Sexual Assault Board. Because the University does not stand in a special academic relationship with a non-student complainant, Mediation is not available.
7. Psychiatric Issues
  
  Special procedures apply to cases of alleged Sexual Assault involving claims that a student's conduct has been affected by psychiatric problems. Copies of these procedures are available through the Office of the Dean of Students.
8. Related Misconduct and Intimidation of a Witness
  
  In accordance with these procedures, the Sexual Assault Board is empowered to hear and impose sanctions for any alleged violations of the Standards of Conduct directly related to a report of alleged Sexual Assault or any alleged violations of these procedures. This may include conduct that threatens the complainant or any other participant, violations of the rules of confidentiality as articulated herein, intimidating a witness from testifying, violation of the Dean's directive(s) discussed in Section II. A. (1)(a) or violation of other Standards of Conduct that occurred in the course of the alleged Sexual Assault. University students who appear before the Sexual Assault Board, whether as parties to the proceedings or as witnesses, are expected to provide truthful testimony in accordance with the University's Honor Code, and failure to do so will result in the initiation of a case with the University Honor Committee.
9. Declined Prosecutions
  
  Many complainants decide to report cases of alleged Sexual Assault to the police and local prosecuting agency. Some of these cases are declined for prosecution, without the complainant understanding the results of the criminal investigation, procedures, and grounds for the decision. As a form of additional support, University students may request the Dean of Students to identify a senior member of the Dean's Office or of the Office of the Vice President for Student Affairs to assist the complainant in seeking and attending a meeting with the local prosecutor to gain an understanding of the decision to decline a prosecution.
10. Sexual Assault Board
  
  The Vice President for Student Affairs appoints the University's Sexual Assault Board and the Board Chair. The Board is composed of students, faculty, and staff. Student Council recommends and nominates student members to the Vice President for Student Affairs on an annual basis for the Vice President's consideration in the appointment of the Sexual Assault Board. The Board Chair shall ensure all Board members receive annual training that draws on professional and expert resources.

PROCEDURAL OPTIONS
1. Adjudication by the Sexual Assault Board
  
  A hearing by the Sexual Assault Board is the formal adjudication of a complaint of Sexual Assault before a panel of University students, faculty, and staff. The Board encourages an open exchange of information within the rules of confidentiality articulated in these procedures. While the Board's procedures are designed to ensure due process for the parties involved, the Board is not bound by the rules of criminal or civil procedure that govern judicial proceedings in court.
  1. Preliminary Procedures:
    1. Interview: Upon receipt of a complaint of Sexual Assault and request for Formal Adjudication, the Dean's Office will interview both the complainant and, if possible, the accused student. The purpose of these interviews is to provide both parties with a general understanding of the University's procedures and to identify support or immediate interventions (e.g., referrals to police, hospital, Student Health, SARA, Women's Center, academic counseling, etc.). A no-contact order normally will be issued by the Dean at this time. The order typically will include a directive that the parties refrain from engaging in disruptive conduct pending the hearing. The Dean also may take any further protective action he/she deems appropriate concerning the interaction of the parties pending the hearing. Violation(s) of the Dean's directive and/or protective actions shall constitute related offenses to be heard by the Sexual Assault Board.
    2. Investigation: The Dean will forward the complaint to the Office of the Vice President for Student Affairs for an investigation by such person or persons (the "Designee") designated by the Vice President. The Designee will prepare a written report which will be distributed to the parties and to the Dean of Students. If a hearing is held, the Sexual Assault Board hearing panel will be provided with a copy of the report. The panel will not be bound by any findings or conclusions in the report.
    3. Granting/Denying a Hearing: If the Designee determines that there is a substantial basis for a hearing, notice of that determination will be delivered to the parties and to the Dean of Students. The Designee may specify which charges (e.g., "Sexual Assault" or "Sexual Misconduct") may go forward for a hearing. The Designee's determination of a substantial basis is based on whether sufficient facts exist to allow the Sexual Assault Board to find for either party. A complainant whose request for a hearing is denied may request and, if such a request is made, shall be granted a Structured Meeting coordinated through the Office of the Dean of Students. A complainant whose request for a hearing is denied also may appeal that decision to the Vice President for Student Affairs whose decision shall be final.
    4. Notice of Charges: If a hearing is granted by the Designee or the Vice President on appeal, the Office of the Dean of Students will commence the Formal Adjudication process by providing written notice to the accused student ("Notice of Charges") stating: (1) the nature of the complaint; (2) the Standards of Conduct allegedly violated; (3) the name of the complainant; (4) the date, time, and place of the pre-hearing meeting at which preliminary matters will be discussed as more fully addressed in paragraph 4(b) below; and (5) the names of the Board members selected by the Chair of the Sexual Assault Board to serve as the hearing panel. The complainant shall be copied on the Notice of Charges, which shall be delivered in accordance with any method outlined in paragraph (f) below.
    5. Composition of the Panel: The panel shall include at least one student and at least two faculty/staff members, one of whom will serve as the presiding chair. The Chair of the Sexual Assault Board will either serve as the presiding chair or will appoint the presiding chair. If the Chair of the Sexual Assault Board is unavailable, the Vice President for Student Affairs shall select the panel members and designate a Board member to preside over the hearing. A party wishing to challenge the participation of any panel member shall notify the Chair of the Sexual Assault Board in writing, stating the reason(s) for the party's objection. Such a challenge must be made in writing and delivered to the Chair's office within ten (10) calendar days of receipt of the Notice of Charges. The Chair shall determine whether the challenge has merit and reserves discretion to make changes in the panel composition at all times.
    6. Delivery of Notice of Charges: The Notice of Charges shall be considered effective three (3) calendar days after mailing to the accused student's current local address on record with the University Registrar² or otherwise when actually received by the accused student, whichever occurs first. The hearing must take place not more than thirty (30) days after delivery of the Notice of Charges, unless the Chair allows for a longer period of time. Should either party fail to appear at the scheduled hearing, the Chair may postpone the proceedings or the panel may proceed and determine the complaint on the basis of the evidence presented, provided the absent party was duly notified of the scheduled hearing date, as outlined above.
  2. Advisors to the Parties:
    
    Both the complainant and the accused student may have an advisor present to support and assist them during the pre-hearing, hearing, and appeal stages of the Formal Adjudication process. The Office of the Dean of Students maintains a list of advisors who have been formally trained and will offer that list to students who seek to have an advisor appointed. Students are not restricted to advisors on this list and instead may select and arrange for an advisor of their choice. The advisor may be any individual selected by the student, including another student, but may not be an attorney (see Section II. A. (4) (e) for a description of the role private attorneys may play during a hearing). The Chair may disallow a particular advisor in cases where the advisor might be a witness or where the advisor's presence, in the Chair's sole determination, would be obstructive to the process. University officials or employees who have had prior involvement in the case, such as members of the Office of the Dean of Students, may decline a student's request to serve as his/her advisor. Advisors may not direct questions to the panel or witnesses at the hearing, but they may suggest questions in writing to the panel and may consult with the student they are assisting. The Chair shall not allow an advisor's presence to inhibit the parties' open testimony or the conduct of the hearing.
  3. Confidentiality of the Hearings Process:
    
    In order to comply with law protecting education records of students and to provide an orderly process for the presentation and consideration of relevant evidence without undue intimidation or pressure, the hearing process is confidential. Therefore, documents prepared in anticipation of the hearing (such as the Designee's report, the Notice of Charges, and the pre-hearing submissions referenced in paragraph 4(a) below); documents, testimony, or other evidence introduced at the hearing; or any transcript of the hearing itself may not be disclosed except as required or authorized by law.
    
    Following the hearing, the panel will issue two documents to the accused student and the complainant: a determination letter and a memorandum opinion.
    1. The determination letter will contain only the following information: the name of the accused student; whether the accused has been found guilty or not guilty of the charges of Sexual Assault or Sexual Misconduct; and the sanction imposed, if any. As guaranteed by federal law, both the accused student and the complainant have a right to this information. University policy neither encourages nor discourages further disclosure of the determination letter by either student. The University encourages a student who wishes to re-disclose the determination letter to consult with legal counsel before doing so.
    2. The memorandum opinion will contain an explanation of the panel's reasoning for its determination. The memorandum opinion is both an education record and confidential record of the hearing any may not be disclosed except as authorized or required by law.
  4. Hearing Procedures:
    1. Pre-Hearing Submissions: The parties shall provide the Chair (or the panel's presiding officer, hereinafter included within the term "Chair") with brief written statements describing their positions, a list of witnesses they propose to call, and copies of documents and a description of any other evidence they propose to present at the hearing no less than ten (10) calendar days prior to the hearing date. In the absence of good cause as determined by the Chair in his or her sole discretion, parties may not introduce witnesses, documents, or other evidence at the hearing that were not provided to the Chair by this deadline. The parties are also responsible for the attendance of their witnesses at the hearing.
    2. Pre-Hearing Meeting and Determination of Witnesses: The Chair will seek to schedule a pre-hearing meeting no less than five (5) calendar days prior to the hearing date. At the meeting, the Chair will review hearing procedures with the parties. The Chair will also review the list of proposed witnesses to assist the parties in eliminating redundant testimony. Absent extraordinary circumstances, the Vice President's Designee will not testify at the hearing unless approved by the Chair upon finding that the Designee may have material information that cannot otherwise be provided to the panel. At the meeting, the Chair will provide each party with a copy of the position statement, list of witnesses, and identification or copies of documents or other evidence submitted by the other party.
    3. Pre-Hearing Discussion: Once a Board member has been named to a hearing panel, he or she may not privately discuss the merits of the case with the parties or with anyone acting on the parties' behalves. The Chair will provide the panelists with a copy of the Notice of Charges, the investigative report, and position statements submitted by the parties.
    4. Negotiated Resolution: The Chair may propose a resolution of a complaint of Sexual Assault and request for Formal Adjudication with the consent of the complainant at any time in cases where the accused student wishes to acknowledge guilt and agree to a sanction.
    5. Attorneys: Private attorneys will be allowed to be present at the hearing on behalf of either party. They may consult with and advise the parties during the proceeding but may not examine witnesses or otherwise directly participate on behalf of either party.
    6. Panel's Counsel: The Chair and panel shall be entitled to seek advice throughout the hearing process on questions of law and procedure; however, factual determinations are the domain of the hearing panel.
    7. Conduct of the Hearing: The hearing will not follow a courtroom model. The Chair will determine the order of the witnesses and resolve any questions of procedure arising during the hearing. The parties are responsible for ensuring that their proposed witnesses are present. The panel will review in advance of the hearing all the written materials provided to them by the Chair in accordance with paragraph 4 (c) above. The parties will have received or been provided the opportunity to review and copy these materials during earlier stages of the pre-hearing process. The parties will not be expected to repeat undisputed details or non-material circumstances that would merely duplicate the written materials. Only the Chair and the panel may question the individual parties and any witnesses. However, both parties or their advisors may ask the Chair to pose additional questions or inquire further into specific matters by submitting these requests in writing. If necessary, a brief recess may be granted to allow both sides an opportunity to prepare and submit such requests. The Chair is empowered to disallow any questions that are irrelevant or redundant. After all witnesses have been questioned, each party may make a closing statement and request a short recess to prepare it. If the panel determines that unresolved issues exist that would be clarified by the presentation of additional evidence, the Chair may recess the hearing and reconvene it in a timely manner. A recess may not be based on the failure of witnesses to appear without good cause or on the proposed introduction of documents or other evidence that should have been presented at the pre-hearing meeting.
    8. Impact Statement: If the accused student is found guilty, the complainant may present the panel with a statement recommending a sanction ("Impact Statement"). The student found guilty will be provided an opportunity to respond to the statement. The panel shall not be bound by these statements in determining a sanction. Witnesses other than the parties normally are not permitted at the Impact Statement phase of the hearing; however, the Chair reserves discretion as the presiding officer to determine the presence of other persons.
    9. Testimony by the Accused: The accused student shall have the right not to testify; however, the exercise of that right shall not preclude the panel from proceeding and determining the complaint on the basis of the facts and circumstances presented.
    10. Recording: The Chair will arrange for the hearing to be recorded and may arrange for the preparation of any transcript of the recording that he or she deems appropriate or which a party requests (upon prompt payment by the requester of the transcription fee). Such recording will be arranged through the Office of the Vice President for Student Affairs.
    11. Clear and Convincing Evidence Standard: All decisions by the panel will be made by majority vote. The panel first determines whether the accused student is guilty, and then, if appropriate, the sanction. A finding of guilt must be supported by clear and convincing evidence. "Clear and convincing evidence" means that the claim is highly probable and has produced a firm belief or conviction that the allegations in question are true. "Clear and convincing evidence" is also described as proof that requires more than a preponderance of the evidence but less than proof beyond a reasonable doubt.
    12. Findings: If the accused student has been charged with "Sexual Assault," the panel shall determine whether that charge has been established by clear and convincing evidence. If the Board determines that the evidence does not merit a finding of Sexual Assault, the Board then shall consider whether "Sexual Misconduct" has been proven by clear and convincing evidence, whether or not stated in the Notice of Charges.
    13. Sanction: The panel may impose any sanction that it finds to be fair and proportionate to the violation and that is authorized for violations of the Standards of Conduct, including disciplinary probation, suspension, and expulsion. In determining an appropriate sanction, the panel may consider any record of past violations of the Standards of Conduct, as well as the nature and severity of the misconduct. The panel will consider as part of its deliberations whether the accused student poses a continuing risk to the complainant and/or University community. The University expects all cases involving a conviction of Sexual Assault to involve consideration of the sanctions of suspension or expulsion. Any sanction imposed shall be explained or supported in the written decision of the Panel.
    14. Decision: Within fourteen (14) calendar days from the conclusion of the hearing (or such longer time as the Chair may for good cause determine), the Chair will provide the parties, the Dean of Students, and the Vice President for Student Affairs with a copy of the panel's written decision. Panel members may submit separate written statements if desired, and these also will be provided to the parties, the Dean of Students and the Vice President for Student Affairs.
    15. Effective Date of Sanction: Sanctions imposed by a panel shall not be effective until any timely administrative appeal of the decision is completed. However, if advisable to protect the welfare of the complainant or the University community, the panel may include in its determination letter that any probation, suspension, or expulsion is effective immediately and shall continue in effect until such time as the Vice President for Student Affairs may determine otherwise. The Vice President may suspend the determination pending exhaustion of appeal, or allow the student to attend classes or other activity on a supervised or monitored basis. The Vice President's decision may not be appealed.
    16. Appeals: Either party may appeal the panel's decision to the Judicial Review Board by notifying the Chair of the Judicial Review Board in writing within fourteen (14) calendar days of the date of the panel's decision. All appeals will be governed by the procedures of the Judicial Review Board.
2. Structured Meeting
  
  Complainants who wish to file a formal complaint with the Office of the Dean of Students but who do not wish to pursue a Formal Adjudication before the Sexual Assault Board may request a Structured Meeting. This is an opportunity for complainants to confront the accused student and communicate their feelings and perceptions regarding the incident, the impact of the incident, and their wishes and expectations regarding protection in the future. The accused student shall have an opportunity to respond. The complainant and the accused student each may bring an advisor of his or her choice to a Structured Meeting. Advisors are subject to the same restrictions set forth for advisors in Formal Adjudication outlined above. The Sexual Assault Board Chair or a designee of the Chair will preside over such a meeting, and will be assisted by another member of the Sexual Assault Board or senior staff of the Office of the Dean of Students.
  
  A Structured Meeting cannot result in a formal sanction involving suspension or expulsion of the accused student; however, along with other investigative information, it can be the basis for protective action by the Office of the Dean of Students. A request for a Structured Meeting is in lieu of a request for Formal Adjudication before the Sexual Assault Board. The request must be in writing and include a waiver of Formal Adjudication before the Sexual Assault Board.
3. Mediation
  
  Mediation is a voluntary process intended to allow the parties involved in an alleged Sexual Assault to discuss their respective understandings of the incident with each other through the assistance of a trained mediator. Mediation is designed to encourage each person to be honest and direct with the other and to accept personal responsibility where appropriate. Mediation is only offered as an option if both the complainant and the accused student are students at the University of Virginia. A complainant may elect to terminate a formal complaint process and enter into Mediation. A senior member of the Office of the Dean of Students will work with both parties to determine their willingness to participate in Mediation and whether it is appropriate for the case. Both parties must agree to the Mediation in writing.
  1. Requesting Mediation:
    
    Requests for Mediation must be addressed in writing to the Dean coordinating Sexual Assault services for the Office of the Dean of Students.
  2. Assignment of a Mediator:
    
    Once both parties have agreed to Mediation, the identified Dean or a mediator appointed by the identified Dean will mediate the case. The mediator will contact both parties to set the date, time, and location of the mediation session(s). The identified Dean will make every effort to assign a mediator within two (2) weeks of the agreement to participate in Mediation.
  3. Procedures:
    1. Persons Participating: Typically only the mediator and the parties will be present at the mediation session(s). However, either party may request, and the mediator may allow, for each party to have a support person present. The appointment of such persons and the extent of their participation in the mediation is subject to the discretion of the mediator. Only those persons who may serve as advisors in Formal Adjudication outlined above may serve as support persons.
    2. Mediation Process: During the mediation process the mediator normally will: (1) ask the parties to give their versions of the incident, including both factual information and their feelings; (2) identify key issues, (3) seek the agreement of both parties on the issues; (4) facilitate discussion; and (5) work with both parties to develop a written document that will include a statement of agreement.
  4. Mediation Outcomes:
    1. Mediation Resolution: Any statement of agreement shall be signed by both parties at the completion of the mediation process and approved by the Dean of Students or his/her designee. Any activity or behavior to which either party has agreed following the mediation shall be included in the agreement. As a mutual agreement, there is no appeal by either party from the terms of the agreement once it has been signed by the parties and approved by the Dean. The Dean's approval shall constitute a directive of the Dean requiring both parties to satisfy the terms of the agreement. The agreement will be kept on file at the Office of the Dean of Students. If either party believes the terms of the agreement have not been met, he or she may contact the identified Dean. The identified Dean shall ask the mediator or other person to investigate the allegation of noncompliance. The identified dean may take such action as is appropriate in response to the investigation or the matter may be referred to the University Judiciary Committee for investigation and sanctions if warranted.
    2. Non-resolution: If either party is dissatisfied with the mediation process at any time prior to the signing of a written agreement, that party may request that the mediation process cease. In such a case, Formal Adjudication may be pursued if the request is initiated within one (1) calendar year of the time the complainant first knew or should have known the identity of the accused student.
  5. Confidentiality:
    
    In order to promote honest, direct communication, information disclosed in Mediation must remain confidential while the mediation process is pending, except where disclosure may be required by law or authorized in connection with duties on behalf of the University. In the event that Formal Adjudication is allowed after some part of the mediation process has taken place prior to any resolution, only the complaint form will be forwarded. No offers of apology or concessions made during the mediation process may be admitted in the investigation or hearing processes. The Office of the Dean of Students will keep copies of the complaint form, the mediation agreement, and any documentation concerning completion of the agreed-upon activities or behavior.

ADDITIONAL TERMS

Failure by the University to observe the time limits or other procedural requirements expressed in these procedures shall not constitute an abridgement of the rights of the parties so long as fairness guaranteed by constitutional due process is respected and observed. The University may, but is not required, to suspend implementation of these procedures in the event of pending or likely criminal charges or civil litigation involving substantially the same complaint. This decision may not be appealed.

AMENDMENTS

These procedures may be amended, in writing, by the President or the President's designee at any time.