Training Hearing Boards and

Investigators for Sexual Misconduct

CasesStudent Conduct InternshipUniversity of Puget Sound

Kali Odell

March 6, 2015

Presentation Overview• University of Puget Sound

• Internship Objective

• Conduct Overview

• What Do You Know?

• Research Summary

• The Theory in Practice

• Content & Structure of Training

University of Puget Sound

• Location: Tacoma, WA

• Institution Type: Four-Year Private,

Liberal Arts

• Undergraduate Enrollment: 2,600

• I am an alumna!

Internship ObjectiveChoosing This Internship: • My investment in gender equity on campuses (LO4: Understanding and fostering diversity, justice and a sustainable world formed by a global perspective and Jesuit Catholic tradition)

• My interest in law and desire to learn more about Title IX (LO9: Understanding issues surrounding law, policy, finance and governance)

SDA Work Plan:

Objective #2: To research training best practices for sexual misconduct officers and hearing board members and write recommendations for change

• Chance to address potential biases or assumptions about complainants/sexual assault survivors• Keeping the process fair for all parties

Crash Course In Student Conduct

• Student conduct and sexual misconduct processes differ between institutions

• Complainants and respondents

• Complaints are investigated by faculty or staff

• After evidence-gathering, a case may be heard by a hearing boards

• Hearing boards are made up of faculty, staff, and sometimes students

• Findings and sanctions are decided

Researching Training Best Practices Reviewed recommendations from the White House and Sen. McCaskill’s

Campus Sexual Assault Survey, ATIXA training manual

Interviewed 6 campus administrators:

1. Associate Dean of Students at a private liberal arts college in the Midwest (2,000 students)

2. Interim Vice President for Student Affairs and Dean of Students at a private liberal arts college in New England (1,600 students)

3. Dean of Students at a private liberal arts college in the South (1,300 students)

4. Associate Dean of Students and Title IX Coordinator at a private liberal arts college on the West Coast (1,500 students)

5. Assistant Dean of Student Services at a private liberal arts college on the West Coast (1,400 students)

6. Current Student Life Programs Coordinator and former conduct investigator at a public research institution on the West Coast (28,000 students)

ATIXA. (2013). The 2013 Title IX investigator training school course materials. The White House Task Force to Protect Students from Sexual Assault. (2014). Not alone. Retrieved from https://www.notalone.gov/assets/report.pdf. U.S. Senate Subcommittee on Financial and Contracting Oversight. (2014). Sexual violence on campus. Retrieved from http://www.mccaskill.senate.gov/download/campus-sexual-assault-survey-results.

Theory to Practice Training Framework:

Kolb’s Theory of Experiential Learning• Different types of activities (lecture, role-plays, case studies,

assessment) appeal to different learning styles• The activities take participants through the Cycle of Learning

Training Content:

Perry’s Theory of Intellectual and Ethical Development • Different positions: duality, multiplicity, relativity, commitment • The subject matter (sexual misconduct) may be overwhelming,

causing participants to deflect into “retreat”

• Training should present reasoning structures that cane be used in relative and committed thinking and reduce the feeling of being overwhelmed

Evans, N. J., Forney, D. S., Guido, F. M., Patton, L. D., & Renn, K. A. Student development in college: Theory, research, and practice (2nd ed.). San Francisco, CA: Jossey-Bass.

Recommendations: Continuing Practices

• Provide hearing board members with reading materials on consent, coercion, and force.

• Use existing PowerPoint to cover policies, process, legal requirements, preponderance standard, and examples of appropriate questions for hearing participants.

• Updates may need to be made about legal and media developments around sexual violence on campuses.

Recommendations: Active Engagement and New Perspectives

• Training should be lengthened to allow for more focus on these areas:

• Expert speaker from CHWS or Rebuilding Hope to discuss victim psychology and the effects of trauma.

• Expert speaker who can provide information on dating violence and college hook-up culture.

• Create role-play or case study that allows participants to practice creating and asking appropriate questions of complainants, respondents, and witnesses.

• These should also be designed to help participants identify and address holes in the statements they hear.

• Add a mock hearing to training so that participants can experience what the process of a hearing feels like. The mock hearing includes deciding on findings.

• Include assessment/evaluation as part of the process

Recommendations: Investigators • Consider sending investigators to ATIXA training in addition to on-campus

trainings.

• On-campus investigator training could include hearing board members or be an additional component that only investigators need to go through.

• Use ATIXA’s Investigation Training Protocol as a framework for training.

• Cover information about:

• Legal requirements for an investigation.• How to build rapport with interviewees.• The rights and information that must be given to complainants and respondents. • How to properly document an investigation.

• Include a role-play that allows participants to develop an investigation plan and then practice interview skills, documenting statements, and informing students about their rights.

Looking Forward• The National Center for Campus Public Safety is piloting

a training program for campus officials.

• Investigation and hearing board models are being assessed through a new group of institutions selected for grants as part of the DOJ’s Reduce Sexual Assault, Domestic Violence, Dating Violence, and Stalking on Campus Program.

• New legislation in the works (confidential advisors, minimum training standards, climate surveys)

Questions?