Word: assaulting
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According to the handbook, absence of positive consent is not enough to show sexual assault took place, Ellison says...
...Board does not perform or require rape kits or forensic investigation of any kind, the board relies heavily on witness testimony—making the fact-finder particularly important to the process. While there are rarely eyewitnesses in sexual assault cases, the fact-finder will interview students recommended by either the accused or the accuser to gain information, according to Ellison...
...complaint” witnesses—often close friends of the victims who the victim confides in soon after the incident—can verify the consistency of the victim’s account and provide evidence of the victim’s emotional state shortly after the alleged assault, according to Perry Moriearty, who served as a fact-finder for the Ad Board on multiple occasions before becoming a law professor at the University of Minnesota...
Over the past two decades, criticism of the Ad Board’s handling of sexual assault cases has been divided into two camps: one believes that the Ad Board and the Faculty rules set an unreasonably high bar for finding a student guilty of rape, while the other believes that the board does not treat accused students fairly...
...Faculty’s definition of sexual misconduct, as laid out in the undergraduate student handbook, mandates that sexual assault must “take place against a person’s will or [be] accompanied by physical force or the threat of bodily injury...