Grievance Panel Research - Revision history

Camozzi at 22:02, 2 May 2008

2008-05-02T22:02:25Z

Tfooq: related articles

2008-04-18T19:46:01Z

Blahedo: Restoring quote blocks

2008-04-08T23:03:13Z

Restoring quote blocks

Show changes

Blahedo: /* Appendix C: Grievance Panel “Cheat Sheet” */ sp

2008-04-08T22:44:22Z

Appendix C: Grievance Panel “Cheat Sheet”: sp

Blahedo: /* Aspects to Preserve */ sp

2008-04-08T22:39:32Z

Aspects to Preserve: sp

Blahedo: /* Sanctions */ emph

2008-04-08T22:34:46Z

Sanctions: emph

Blahedo: /* Deciding on a Verdict */ sp

2008-04-08T22:27:11Z

Deciding on a Verdict: sp

Blahedo: /* The Hearing: Structure */ more emph

2008-04-08T22:14:06Z

The Hearing: Structure: more emph

Blahedo: /* The Hearing: Structure */ restoring emphasis from original report

2008-04-08T22:13:08Z

The Hearing: Structure: restoring emphasis from original report

Blahedo: /* Advisors and Advocates */ rm blank line

2008-04-08T22:07:37Z

Advisors and Advocates: rm blank line

← Older revision		Revision as of 22:02, 2 May 2008
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	*[[SASS Demands 2008]]		*[[SASS Demands 2008]]
	*[http://www.theknoxstudent.com/newsroom/news/report-examines-greivance-panel/ Report examines Grievance Panel] - from [[The Knox Student]]		*[http://www.theknoxstudent.com/newsroom/news/report-examines-greivance-panel/ Report examines Grievance Panel] - from [[The Knox Student]]
		+
		+	[[Category: Documents]]

← Older revision		Revision as of 19:46, 18 April 2008
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	Student Handbook, [http://www.knox.edu/PreBuilt/PDFs/handbook.pdf “Knox College Student Handbook 2005-2006”]		Student Handbook, [http://www.knox.edu/PreBuilt/PDFs/handbook.pdf “Knox College Student Handbook 2005-2006”]
		+
		+	==Related articles==
		+	*[[SASS Demands 2008]]
		+	*[http://www.theknoxstudent.com/newsroom/news/report-examines-greivance-panel/ Report examines Grievance Panel] - from [[The Knox Student]]

@@ Line 387: / Line 387: @@
 The panel members include two faculty, two staff and two students as well as two non-voting ex officio members. There is also one student, staff and faculty alternate.
-The college is required to report instances of forcible and non-forcible sex offences for the annual crime statistics report. This statistical report does not include personally identifiably information. A record will be kept of all cases if accused is a student, faculty member or a staff member.
+The college is required to report instances of forcible and non-forcible sex offences for the annual crime statistics report. This statistical report does not include personally identifiable information. A record will be kept of all cases if accused is a student, faculty member or a staff member.
 Grievance procedures are more likely to have a favorable outcome if the complaint is brought to the college’s attention as soon as possible. Please note that only formal grievances result in disciplinary action.  The college generally encourages students to resolve grievances through informal procedures. If you are unsatisfied with the outcome of an informal procedure you may still request a formal grievance procedure.

@@ Line 305: / Line 305: @@
 “I think that it’s important to have a system for addressing people’s grievances, particularly students … but … I think it’s almost worse to have a mechanism that is really seen as a farce, you know, by people who serve on it, by the student body.  I think that’s worse than having any system at all, because if you don’t have any system at all then you know that, and you pursue avenues outside of the college, which is everybody’s right to do” (CM3).
-Accuser 2 might share these same sediments – when asked what she would preserve, she paused before delivering her opinion: “No. I’m really trying to think, but the whole thing was shit. No, nothing”(A2).  Yet, she still had suggestions for improvements, so perhaps she has not completely given up on the GP’s potential.
+Accuser 2 might share these same sentiments – when asked what she would preserve, she paused before delivering her opinion: “No. I’m really trying to think, but the whole thing was shit. No, nothing”(A2).  Yet, she still had suggestions for improvements, so perhaps she has not completely given up on the GP’s potential.
 ==Recommendations==

@@ Line 279: / Line 279: @@
 In the case of Accuser 1, the accused was found not in violation of the conduct code for the count of sexual misconduct – but he was found in violation on the count of sexual harassment.  The sanctions specified that he had to stay 30 yards away from Accuser 1 (and one of her witnesses) at all times, and he had to perform some community service before graduation (the details of which were not made known to Accuser 1).  Even before the appeals process had begun, he had already broken the sanctions.
-“The last time [it happened] before the appeal hearing they told him and they told me that if it happened again, they would separate him from the college. We had the appeal hearing, and [the president] was like, ‘you understand, if you break these sanctions again, you will be separated from the college’. And he said ‘yes, I understand’. So that was cleared up. And the next night, the very next night, he sat back to back to me in the cafeteria ... And he sat there for about ten to fifteen minutes, he walked by me three times, we made eye contact” (A1) (emphasis hers).
+“The last time [it happened] before the appeal hearing they told him and they told me that if it happened again, they would separate him from the college. We had the appeal hearing, and [the president] was like, ‘you understand, if you break these sanctions again, you will be separated from the college’. And he said ‘yes, I understand’. So that was cleared up. And the next night, ''the very next night'', he sat back to back to me in the cafeteria ... And he sat there for about ten to fifteen minutes, he walked by me three times, we made eye contact” (A1) (emphasis hers).
 She called the Dean of Students that night, who assured her that something would be done before the weekend was out.  However, it was two weeks before anyone spoke with the accused, who denied the incident, and so no action was taken.

@@ Line 225: / Line 225: @@
 After the frustrations of the hearing, there then comes the anticipation of the verdict.  This is what each party has been waiting for, the final judgment that, in the minds of those involved, determines whose story is strong enough.  In reality, this call can only be a determination of whether or not there is enough evidence to find someone in violation of the Knox College conduct code (Student Handbook ’05-’06, p.42).  Either way, there is no less pressure on the panel.  “After each case, I thought about it for days, I struggled with it, I was never one hundred percent sure in my mind that we as a panel did the right thing. I felt that each time we did the only thing we could do, based on what we had before us” (CM 2).  Predictably, the verdict is very closely tied to the burden of proof, and so frustrations from that aspect easily carry over.
-“It’s very difficult to decide on a verdict when again, you are unsure of your facts and you’re just kind of having to get a sense, just almost a gut sense, of whose lying, who’s telling the truth, who thinks they’re telling the truth, or telling the truth from their perspective, but you don’t trust what they’re saying for other reasons, or you do trust what they’re saying - it’s very difficult then to get a verdict other than there is some blame to go around …” (CM 3).
+“It’s very difficult to decide on a verdict when again, you are unsure of your facts and you’re just kind of having to get a sense, just almost a gut sense, of who's lying, who’s telling the truth, who thinks they’re telling the truth, or telling the truth from their perspective, but you don’t trust what they’re saying for other reasons, or you do trust what they’re saying - it’s very difficult then to get a verdict other than there is some blame to go around …” (CM 3).
 ==Results==

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 “The accuser should not have to sit across the table from the accused and have them stare at her and her witnesses the entire course of the hearing - and they had ''me'' move around.  [The accused] sat in the same chair the entire time. I sat at the end of the table when I was talking and then I had to move and the witnesses rotated in and out of my chair.  His witness rotated in and out of my chair and so I don’t think there is any need to fluster the victim any more than they already are going into it, it could have been arranged considerably differently” (A1) (emphasis hers).
-Witness 1 also took issue with this system. She even went as far as to say that this set up could have an impact on the outcome of the hearing.  In the case she was involved in, the woman’s witnesses had outside relationships with the man in question.  Having to face him the way they were forced to while testifying against him may have discouraged them from saying all they could have said.  The witness thinks that the outcome may have been different if the witnesses had not been intimidated: “It was scary sitting across from him” (W1) (emphasis hers).
+Witness 1 also took issue with this system. She even went as far as to say that this set up could have an impact on the outcome of the hearing.  In the case she was involved in, the woman’s witnesses had outside relationships with the man in question.  Having to face him the way they were forced to while testifying against him may have discouraged them from saying all they could have said.  The witness thinks that the outcome may have been different if the witnesses had not been intimidated: “It was ''scary'' sitting across from him” (W1) (emphasis hers).
 On the other hand, there were positive things about this particular step.  Great care seemed to be taken to keep the two parties separated from each other.  Once a person enters the hearing, she or he may have to face down the other party, but speaking to them is not expected.  From Accuser 1’s point of view,

@@ Line 162: / Line 162: @@
 Accuser 1 found great fault with the room set up for the hearing.  In her case, she sat at one end of the table directly across from the accused.
-“The accuser should not have to sit across the table from the accused and have them stare at her and her witnesses the entire course of the hearing - and they had me move around.  [The accused] sat in the same chair the entire time. I sat at the end of the table when I was talking and then I had to move and the witnesses rotated in and out of my chair.  His witness rotated in and out of my chair and so I don’t think there is any need to fluster the victim any more than they already are going into it, it could have been arranged considerably differently” (A1) (emphasis hers).
+“The accuser should not have to sit across the table from the accused and have them stare at her and her witnesses the entire course of the hearing - and they had ''me'' move around.  [The accused] sat in the same chair the entire time. I sat at the end of the table when I was talking and then I had to move and the witnesses rotated in and out of my chair.  His witness rotated in and out of my chair and so I don’t think there is any need to fluster the victim any more than they already are going into it, it could have been arranged considerably differently” (A1) (emphasis hers).
 Witness 1 also took issue with this system. She even went as far as to say that this set up could have an impact on the outcome of the hearing.  In the case she was involved in, the woman’s witnesses had outside relationships with the man in question.  Having to face him the way they were forced to while testifying against him may have discouraged them from saying all they could have said.  The witness thinks that the outcome may have been different if the witnesses had not been intimidated: “It was scary sitting across from him” (W1) (emphasis hers).
@@ Line 173: / Line 173: @@
 “... Great effort is made to keep the two individuals separated throughout the entire hearing, waiting in separate rooms, the ex officio escorts those individuals to and from, et cetera, I liked that, avoiding chance meetings in the hallway, I think that’s very good.  Again, I’m in the room and this is all happening outside of the room, so I can only assume that it’s working the way it should” (CM 2).
 But it does seem to be working – there were no complaints from any of the students whom I spoke to about having to confront the other party in any manner.
 ===The Hearing: Content===

← Older revision		Revision as of 22:07, 8 April 2008
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	The seriousness of this confusion of roles is evident in the case of Accuser 2. She and her friend felt misled about who could or could not be their advisor, so they had to pick out a new person when they were further along in the process, which caused problems later. In their first meeting with the ex officio, he told them that he could be their advisor, and that they would not need any witnesses. Upon meeting with the Chair later, they were informed that they would indeed need witnesses, and the ex officio would not be appropriate as an advisor. So at the last minute, they chose an advisor who was not prepared to fulfill this role, as will be seen later.		The seriousness of this confusion of roles is evident in the case of Accuser 2. She and her friend felt misled about who could or could not be their advisor, so they had to pick out a new person when they were further along in the process, which caused problems later. In their first meeting with the ex officio, he told them that he could be their advisor, and that they would not need any witnesses. Upon meeting with the Chair later, they were informed that they would indeed need witnesses, and the ex officio would not be appropriate as an advisor. So at the last minute, they chose an advisor who was not prepared to fulfill this role, as will be seen later.
−

	===The Hearing: Structure===		===The Hearing: Structure===