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Equity Office

STATEMENT OF THE RIGHTS OF THE REPORTING PARTY

 

  • The right to investigation and appropriate resolution of all credible reports or notice of sexual misconduct or discrimination made in good faith to university officials;
  • The right to be informed in advance of any public release of information regarding the incident;
  • The right of the reporting party not to have any personally identifiable information released to the public, without his or her consent.
  • The right to be treated with respect by university officials;
  • The right to have university policies and procedures followed without material deviation;
  • The right not to be pressured to mediate or otherwise informally resolve any reported misconduct involving violence, including sexual violence. 
  • The right not to be discouraged by university officials from reporting sexual misconduct or discrimination to both on-campus and off-campus authorities.
  • The right to be informed by university officials of options to notify proper law enforcement authorities, including on-campus and local police, and the option to be assisted by campus authorities in notifying such authorities, if the student so chooses.  This also includes the right not to report, if this is the victim’s desire;
  • The right to have reports of sexual misconduct responded to promptly and with sensitivity by campus law enforcement and other campus officials.
  • The right to be notified of available counseling, mental health, victim advocacy, health, legal assistance, student financial aid, visa and immigration assistance, or other student services for victims of sexual assault, both on campus and in the community;
  • The right to a campus no contact order (or a trespass order against a non-affiliated 3rd party) when someone has engaged in or threatens to engage in stalking, threatening, harassing or other improper behavior that presents a danger to the welfare of the reporting party or others;
  • The right to notification of and options for, and available assistance in, changing academic and living situations after an alleged sexual misconduct incident, if so requested by the victim and if such changes are reasonably available (no formal report, or investigation, campus or criminal, need occur before this option is available).  Accommodations may include:

          

    • Change of an on-campus student’s housing to a different on-campus location;
    • Assistance from university support staff in completing the relocation;
    • Transportation accommodations;
    • Arranging to dissolve a housing contract and pro-rating a refund;
    • Exam (paper, assignment) rescheduling;
    • Taking an incomplete in a class;
    • Transferring class sections;
    • Temporary withdrawal;
    • Alternative course completion options.

 

  • The right to have the institution maintain such accommodations for as long as is necessary, and for protective measures to remain confidential, provided confidentiality does not impair the institution’s ability to provide the accommodations or protective measures.
  • The right to be fully informed of campus policies and procedures as well as the nature and extent of all alleged violations contained within the report;
  • The right to ask the investigators to identify and question relevant witnesses, including expert witnesses;
  • The right to review all documentary evidence available regarding the allegation, including the investigative report, subject to the privacy limitations imposed by state and federal law, at least 48 hours prior to the hearing;
  • The right to be informed of the names of all witnesses who will be called to give testimony, at least two business day prior to the hearing, except in cases where a witness’ identity will not be revealed to the responding party for compelling safety reasons (this does not include the name of the alleged victim/reporting party, which will always be revealed);
  • The right not to have irrelevant prior sexual history admitted as evidence in a campus hearing;
  • The right to regular updates on the status of the investigation and/or resolution.
  • The right to have reports heard by hearing and appeals officers who have received [at least eight hours of] annual sexual misconduct training;
  • The right to a panel comprised of representatives of both genders, if a panel is to be used;
  • The right to preservation of privacy, to the extent possible and permitted by law;
  • The right to meetings, interviews and/or hearings that are closed to the public;
  • The right to petition that any member of the conduct body be recused on the basis of demonstrated bias;
  • The right to bring a victim advocate or advisor of the reporting party’s choosing to all phases of the investigation and resolution proceeding;
  • The right to provide evidence by means other than being in the same room with the responding party;
  • [The right to have the university compel the presence of student, faculty and staff witnesses, and the opportunity (if desired) to ask questions, [directly or indirectly], of all present witnesses [including the responding party], and the right to challenge documentary evidence].
  • The right to be present for all testimony given and evidence presented during any resolution-related hearing;
  • The right to make or provide an impact statement in person or in writing to the hearing officers following determination of responsibility, but prior to sanctioning;
  • The right to be informed of the outcome and sanction of the resolution process in writing, without undue delay between the notifications to the parties, and usually within 1 business day of the end of the process;
  • The right to be informed in writing of when a decision of the university is considered final, any changes to the sanction to occur before the decision is finalized, to be informed of the right to appeal the [finding and] sanction of the resolution process, and the procedures for doing so in accordance with the standards for appeal established by the university;

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