WILKES UNIVERSITY

independent of any criminal proceeding. Verdicts in criminal court are not determinative of the
proceedings held by the University.
The University will make every reasonable effort to protect the confidentiality of the
complainant; however, confidentiality may be compromised if it is determined that an
investigation should move forward based on several factors including: the seriousness of the
infraction; the complainant’s age; whether there have been previous complaints about the
accused. Furthermore, the Office of Student Affairs will inform the complainant that the
University’s ability to respond will be limited when there is a request for the complaint to
remain confidential. If the complainant does not wish to move forward with a formal Sexual
Misconduct Proceeding and/or requests confidentiality, Title IX requires the University to
investigate and take reasonable action in response to the information.
If the complainant decides to go forward with the complaint, and the professional staff member
conducting the preliminary investigation determines there is cause to proceed, a formal
investigation and hearing will be held. The ultimate decision to move forward with a sexual
misconduct hearing will be made after Student Affairs has met with the complainant and the
accused. 1
The complainant will be asked to sign a declaration of intent to proceed with the sexual
misconduct process. The accused will be promptly notified in writing of the charges being made.
The complainant and the accused will be asked to provide a written summary of the event.
When meeting with the accused, the Office of Student Affairs will inform him/her of the reason
for the interview and will provide the opportunity to relate his/her perspective. All processes
and policies relative to the allegations, as found in the Student Handbook, will be explained. The
accused will review the declaration of intent signed by the complainant. Both the accused and
complainant will be informed that each is allowed to be accompanied to all meetings, hearings,
and interviews by an advisor of their choice. Advisors are allowed solely for the purpose of
support and may not serve as representatives of the complainant or accused. During the course
of a hearing, advisors are not allowed to cross examine or actively engage in the discussion.
Both the complainant and the accused will have an equal opportunity to provide a list of
witnesses, along with contact information. Once the lists have been received, the Office of
Student Affairs will begin to interview witnesses.
Both the complainant and the accused will be afforded the opportunity to review copies of each
other’s written summary. Each will review the summary for alleged inaccuracies and
inconsistencies, along with a member of the Office of Student Affairs staff, who will make note of
the inaccuracies and inconsistencies purported by each party.
During the process of investigating the alleged sexual misconduct, other violations of the
University Code of Conduct may be found to have been committed. The Administrative Council
on Sexual Misconduct reserves the right to question and sanction those involved in other
conduct violations (including the accused and the complainant) following the outcome of the
sexual misconduct hearing. The use of alcohol and drugs is not considered a defense against
violations of the sexual misconduct policy. Please refer to the explanation of consent that is
provided above in the definitions section.
1 If the University receives an allegation of sexual misconduct involving an individual who is under the age
of 18, the incident will be immediately reported to the appropriate county agency.
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