GRADUATE STUDENT HANDBOOK - Biola University

Upon receipt of the investigation, and allegations, a determination will be made by the Dean of Students
as to whether or not there is a sufficient basis to conduct a sexual assault hearing. Insufficient basis to
conduct a hearing does not necessarily dispute the accuracy of the charges, but instead reflects the
strength of the evidence available and does not imply that there is not a victim or there was no sexual
assault.
If the Dean determines that a sufficient basis exists to conduct a hearing, he or she will gather all
relevant information and prepare the matter to be heard by the Sexual Assault Hearing Committee
(SAHC). The complainant and respondent will generally be given at least twenty-four (24) hour
advance notice of the scheduled meeting time for the SAHC Hearing.
Students are expected to participate in the hearing process when they are called as a complainant,
respondent, or witness to a hearing. Should a student fail to appear for a hearing or fail to provide a
written statement when proper notification has been given, the hearing will proceed without benefit of
that student‘s input.
All individuals participating in the sexual assault hearing process are expected to tell the full and
complete truth. In order to ensure this outcome, individuals participating in said hearings should expect
the committee to exercise discernment and discretion regarding how to appropriately respond to other
violations of the Biola Community Standards or University policy that may arise in the hearing process.
Victims of sexual assault should not let fear of ―getting in trouble‖ because of alcohol use keep them
from reporting a sexual assault.
VII. Rights of the Individual Alleging the Violation (Complainant)
The Complainant has:
* The right to make a complaint that will initiate the hearing process.
* The right to a timely hearing after filing a complaint (cases reported just prior to the end of a
semester may be delayed by the semester break period).
* The right to an advisor (defined later in this policy) of her or his choice, in consultation with the
Dean (or the Dean‘s designee) who will assist the individual through the student discipline process.
* The right to confront opposing evidence.
* The right to provide witnesses and evidence pertaining to the case.
* The right to be informed as soon as possible of the outcome of the hearing.
* The right to confidentiality of the student hearing process to the extent possible.
* The right to request academic schedule adjustments or other academic assistance for missed classes
or exams, or help with rearranging coursework.
* The right to request a change of on-campus housing if both you and the accused live on campus, or
you may request that the accused be moved pending a sexual assault hearing.
* The right to request an ‗on-campus, no contact order‘ for the respondent as an interim measure.
* The right to on-campus emergency counseling sessions with a member of the Biola Counseling
Center staff.
* The right to seek off-campus medical and counseling services.
* The right to seek assistance from the Sexual Assault Crisis Response Team, a member of the Biola
Counseling Center staff in a client relationship, or the Associate Dean of Spiritual Development in a
confessor relationship.
Revised 3.9.2012 44