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Equity Office

STATEMENT OF THE RESPONDING PARTY’S RIGHTS

 

The rights of the responding party should also be prominently indicated.  These should include, among others particular to your university:

 

  • The right to investigation and appropriate resolution of all credible reports of sexual misconduct made in good faith to university administrators;
     
  • The right to be informed in advance, when possible, of any public release of information regarding the report.
  • The right to be treated with respect by university officials;
  • The right to have university policies and procedures followed without material deviation;
     
  • The right to be informed of and have access to campus resources for medical, health, counseling, and advisory services;
  • The right to be fully informed of the nature, policies and procedures of the campus resolution process and to timely written notice of all alleged violations within the report, including the nature of the violation and possible sanctions; 
     
  • The right to a hearing on the report, including timely notice of the hearing date, and adequate time for preparation; 
     
  • 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 2 business days prior to the hearing;
     
  • The right to be informed of the names of all witnesses who will be called to give testimony, at least 2 business days 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 reporting party, which will always be revealed);
     
  • The right not to have irrelevant prior sexual history admitted as evidence in a campus resolution process;
     
  • The right to have reports heard by hearing and appeals officers who have received [at least 8 hours of] annual training;
  • The right to petition that any member of the conduct body be recused on the basis of demonstrated bias;
     
  • The right to a panel comprised of representatives of both genders if a panel is to be used;
     
  • The right to meetings, interviews and hearings that are closed to the public;
     
  • [The right to have the university compel the presence of student, faculty and staff witnesses, and the opportunity to ask questions, [directly or indirectly], of all present witnesses, and the right to challenge documentary evidence].
     
  • The right to have an advisor of their choice to accompany and assist in the campus resolution process.
     
  • The right to a fundamentally fair resolution, as defined in these procedures;
     
  • The right to make or provide an impact statement in person or in writing to the hearing officers board following any determination of responsibility, but prior to sanctioning;
     
  • The right to a decision based solely on evidence presented during the resolution process.  Such evidence shall be credible, relevant, based in fact, and without prejudice;
  • 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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