WILKES UNIVERSITY

Investigations will be completed within thirty calendar days of the initial report to the Office of
Student Affairs, unless extenuating circumstances, as reviewed and approved by the Vice
President of Student Affairs, requires an extension of time.
B. The Hearing
The hearing will take place before the Administrative Committee on Sexual Misconduct, a
representative group trained in the areas of sexual misconduct and adjudication. A minimum of
four voting members of the Committee must be present to conduct a sexual misconduct hearing.
The voting members may include staff members from the Athletics Department, the Office of
Student Development, Residence Life, the Center for Global Education and Diversity and
University College along with a faculty member appointed by the Vice President for Student
Affairs, in conjunction with the Provost.
A designated hearing officer of the Administrative Committee on Sexual Misconduct will serve
as the official in charge of convening and leading the hearing and notifying the parties of the
outcome. The Deputy Title IX Coordinator serves as a non-voting member, who attends sexual
misconduct hearings to address procedural and policy questions.
The hearing will take place within sixty calendar days of the initial report to the Office of Student
Affairs unless extenuating circumstances, as reviewed and approved by the Vice President of
Student Affairs, requires an extension of time. Both the complainant and the accused will be
given, at a minimum, at least five calendar days notice of the hearing. All parties will be
informed that the proceedings will be recorded and can be used for the appeals process. It is an
expectation that confidentiality among members of the Administrative Committee on Sexual
Misconduct be maintained with regard to any and all aspects of the hearing.
The standard of proof used by the Administrative Committee on Sexual Misconduct in
determining policy violations will be based on the “preponderance of evidence,” meaning that it
is more likely than not the violation occurred.
Cross-examination, by the accused or the alleged victim, is prohibited. The alleged victim
and/or the accused may ask to have the other party view the testimony via Skype or other
electronic means from within the building. This allows for questioning without confrontation or
additional distress. The alleged victim or the accused must request this accommodation two
days prior to the hearing in order to allow adequate time to prepare the technology. Requests for
accommodations that are not made within the two day designated timeframe may result in a
postponement of the hearing.
The hearing process is as follows:
- A review of the hearing process and introduction of the Administrative Committee on Sexual
Misconduct.
-The alleged victim and accused are given an opportunity to offer commentary relative to each
other’s statement.
- The alleged victim is questioned by the Administrative Committee on Sexual Misconduct.
- The accused is questioned by the Administrative Committee on Sexual Misconduct.
- Witnesses give testimony and are questioned by the Administrative Committee on Sexual
Misconduct.
- The alleged victim gives his or her closing statement.
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