Judicial Procedure

If you wish to file a complaint with the Office of Ethics and Student Conflict Resolution (247 Gaskill Hall, 513-529-1417), you will be asked to meet with an administrator in the office to discuss the University's judicial process. The administrator will detail the judicial procedures and answer any questions you might have. If you decide that you do wish to pursue disciplinary action through the Office of Ethics and Student Conflict Resolution, you will be asked to provide a statement of the facts. Any police reports and/or statements previously taken by the police should also be submitted.

The Student Conduct Regulations, as detailed within the Code of Student Conduct in The Student Handbook, clearly state the rights and responsibilities of students, behaviors prohibited, possible sanctions, and the procedural rights of students and student organizations. The policy on sexual assault is found in Section 103.A (Sexual Misconduct or Assault) of the regulations, which provides:

Intentional or reckless acts that cause or reasonably could cause physical or mental harm to any person are prohibited including non-consensual sexual conduct or contact. Some examples of prohibited behavior include sexual harassment, voyeurism (including the use of video recording devices), indecent exposure, rape, including acquaintance or date rape, and physical contact for the purpose of sexual gratification with another without their consent.

Both Miami's Code of Student Conduct and the criminal system operate under the assumption that an accused is innocent until proven guilty. However, the standard of proof in disciplinary proceedings is "preponderance of evidence," a less stringent one than "proof beyond a reasonable doubt," which is required for criminal proceedings. Preponderance of evidence requires that the facts establish the likelihood that the offense was committed by the accused person, while certainty must be established to prove guilt beyond a reasonable doubt.

The accused and complainant are entitled to the same opportunities to have others present during a disciplinary proceeding and to present evidence. Upon request, accommodations can be made to avoid personal interaction with the accused. At the close of the hearing the complainant will be asked if she/he would like to give a "victim impact statement." This is a voluntary statement. Both the accused and complainant are informed of the outcome of any institutional disciplinary proceeding brought alleging a sex offense or crime of violence. This does not constitute a violation of the Family Educational Rights and Privacy Act (FERPA).

Sanctions to be imposed upon students found responsible for violations of the Code of Student Conduct are varied and depend upon the violation and discipline history of the individual(s). Sanctions include disciplinary probation, suspension, and dismissal. In addition, "1219" Procedures (see The Student Handbook) may be initiated by the university upon the arrest of a student for sexual assault.

The Office of Ethics and Student Conflict Resolution's procedures for working with sexual assault survivors was established with advice from the Women's Center, Student Counseling Service and Miami Police Department. It ensures that survivors' medical needs are taken care of, that survivors know what support services are available and that they are provided with information about various ways charges can be pursued (civil, criminal, campus judicial system).