HANOVER — A proposal by Dartmouth College to include a live hearing in its procedures for resolving sexual assault complaints is drawing criticism from some students.
“We see the change as a major step backward in our school’s progress towards creating effective policies,” the Student and Presidential Committee on Sexual Assault said in a statement. The group’s executive chairwoman, Paulina Calceterra, declined to be interviewed but said the group has about 15 students.
Dartmouth is in the process of revising its sexual misconduct procedures and policies after a federal lawsuit filed against the school alleged administrators failed to protect several former and current female students from three professors in the Department of Psychological and Brain Sciences who have since been ousted following a sexual misconduct inquiry.
In January, Dartmouth President Phil Hanlon also announced a campus climate and culture initiative as a way to address ongoing concerns about campus inclusion and the environment for women on campus.
Nationally, Title IX rules are undergoing some potential changes. Title IX is the federal law that protects people from discrimination based on sex in education programs or activities.
Education Secretary Betsy DeVos has proposed Title IX rules that would require colleges to hold live hearings. Accusers and students accused of sexual assault must be allowed to cross-examine each other through an adviser or lawyers. The students would not ask the questions themselves.
The proposed hearing format at Dartmouth would not include cross-examination and “is distinct” from DeVos’ proposed changes, college spokeswoman Diana Lawrence said.
Instead, students would address questions to the panel, “who may choose, in their discretion, to pose appropriate and relevant questions,” to the accuser and accused student, according to the draft process.
Either party would have the option of not participating in the hearing or participating electronically.
“Hearings would occur only in limited situations,” Lawrence said in an email. “Where either party challenges the outcome of the final investigative report, the hearing panel may convene a hearing to determine whether there was a material procedural error and whether there was a rational basis, applying a preponderance of the evidence standard, for the investigative finding.”
Hearings also would occur where there’s a finding or acceptance of responsibility. The appropriate sanction would be determined at the hearing, Lawrence said.
But the student group said it is wary of any kind of hearing that would require a victim to interact with her or his alleged attacker.
“Providing a space for interaction between a survivor of sexual violence and the accused perpetrator, no matter how remote, is a potential site of serious harm for that survivor,” the student group said in its statement.
Diana Whitney, a 1995 Dartmouth graduate and a spokesperson for the group Dartmouth Community Against Gender Harassment & Sexual Violence, also raised concerns.
“Reading through the draft, I felt a sense of betrayal as a Dartmouth survivor and as an alumni activist who sat in a meeting with President Hanlon and other senior leadership and heard them talk about how seriously they take the issue of sexual assault and violence on campus,” Whitney said in a phone interview on Monday.
Students can submit feedback on the draft policies and procedures through a form on the college’s website. Faculty and staff also will have a chance to weigh in on the proposed policies.
Daniela Vidal Allee can be reached at dallee@vnews.com or 603-727-3211.