Resolution Procedure & Appeal


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Resolution Procedure

Upon completion of the investigation, the investigator will prepare an investigative summary which will be submitted to the Hearing Officer responsible for initiating the Student Conduct Process. Upon receipt of the investigation summary, the University will notify all parties that the investigation is complete and provide information about next steps in the process. Complainants and respondents may have an advisor of their choice present with them at all meetings related to the investigation, hearings, etc. The Women’s Resource and Action Center is available to provide support and assistance to complainants.  The Respondent Resource Pool is available to provide support and assistance to respondents.

If the investigator or the appropriate qualified designee finds the student respondent violated this policy, the respondent student will receive a charge letter. If the investigator or the appropriate qualified designee finds the student respondent did not violate policy, this will be communicated to both the complainant and the respondent. The complainant and respondent student will have the opportunity to meet separately with the investigator or the appropriate qualified designee where they may accept the finding or request a hearing. If the complainant and respondent student accept the finding, the Hearing Officer will assign a sanction. The complainant and respondent student may request a hearing on the assigned sanction or the investigative findings.

Hearings will be conducted by the UMD Student Hearing Panel in accordance with the procedures published by OSCCR. During the hearing process, complainants will not be required to appear in the same room with respondents. Complainants and respondents will be given an equal opportunity to present evidence. Complainants and respondents involved in the hearing process may appear at the hearing with a representative or advocate. Both parties will be informed of the decision of the Student Hearing Panel, and both parties may appeal that decision to the UMD Student Appeals Panel.

Appeal

In Sexual Assault, Sexual Harassment, Domestic Violence, Dating Violence, and Stalking cases both the respondent and the complainant have the right to appeal. The Student Educational Experiences (SEE) Committee of UMD Campus Governance administers the appeals process. In the case of an appeal, both parties will receive notice of the decision of the Student Appeals Panel. Appeal petitions are on the same grounds as any other conduct hearing. View the Appeal Petition.

Anticipated Timeline

The University of Minnesota Duluth seeks to resolve all reports of sexual misconduct within sixty (60) days. However, this serves as a guideline and deviations may occur and will be documented in the Investigative Summary. As a courtesy of the law enforcement process, the University may defer the investigative process until the initial criminal investigation is complete. The Investigator will communicate the timeline for this process, the participants’ rights, and any interim measure to ensure safety.

Sanctioning

In the event you are found responsible for a sex or gender based behavior/violation sanctions are more severe than in other circumstances due to the impact on other students and the safety of the community.

  • Required Compliance- Required compliance means satisfying University requirements, work assignments, community service, or other discretionary assignments.
  • Restitution- Restitution means making compensation for loss, injury, or damage.
  • Suspension- Suspension means separation of the student from the University for a defined period of time, after which the student is eligible to return to the University. Suspension may include conditions for readmission.
  • Restriction of Privileges- Restriction of privileges means the denial or restriction of specified privileges, including, but not limited to, access to an official transcript for a defined period of time.
  • Expulsion- Expulsion means the permanent separation of the student from the University.
  • Withholding of Diploma or Degree- Withholding of diploma or degree means the withholding of diploma or degree otherwise earned for a defined period of time or until the completion of assigned sanctions.
  • Revocation of Admission or Degree- Revocation of admission or degree means revoking a student’s admission to the University or revoking a degree already awarded by the University.

Any sanction not completed by the deadline may result in additional sanctions. OSCCR shall monitor deadlines for sanction completion. Holds will be placed on accounts for students who fail to complete sanctions.