Rights of Complainants and Respondents

• The right to an equitable investigation and resolution of all credible allegations of prohibited harassment, discrimination, and/or retaliation made in good faith to University officials

• The right to timely written notice of all alleged violations, including the identity of the parties involved (if known), the precise misconduct being alleged, the date and location of the alleged misconduct (if known), the implicated policies and procedures, and possible sanctions

• The right to timely written notice of any material adjustments to the allegations (e.g., additional incidents or allegations, additional Complainants, unsubstantiated allegations) and any attendant adjustments needed to clarify potentially implicated policy violations

• The right to be informed in advance of any public release of information by the University regarding the allegation(s) or underlying incident(s), whenever possible

• The right not to have any personally identifiable information released by the University to the public without consent provided, except to the extent permitted by law

• The right to be treated with respect by University officials

• The right to have University policy 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 harassment, discrimination, and/or retaliation 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(s) to be assisted by the University in notifying such authorities, if the party so chooses. This also includes the right not to be pressured to report.

• The right to have allegations of violations of this Policy responded to promptly and with sensitivity by University law enforcement and/or other University officials

• The right to be informed of available supportive measures, such as counseling; advocacy; health care; student financial aid, visa, and immigration assistance; and/or other services, both on campus and in the community

• The right to a University-implemented no-contact order or a no-trespass order against a nonaffiliated third party when a person has engaged in or threatens to engage in stalking, threatening, harassing, or other improper conduct

• The right to be informed of available assistance in changing academic, living, and/or working situations after an alleged incident of discrimination, harassment, and/or retaliation, if such changes are reasonably available. No formal report, or investigation, either campus or criminal, needs to occur before this option is available. Such actions may include, but are not limited to:

  • Changing an employee’s work environment (e.g., reporting structure, office/workspace relocation

  • Transportation assistance

  • Visa/immigration assistance

  • Arranging to dissolve a housing contract and provide a pro-rated refund

  • Exam, paper, and/or assignment rescheduling or adjustment

  • Receiving an incomplete in, or a withdrawal from, a class (may be retroactive)

  • Transferring class sections

  • Temporary withdrawal/leave of absence (may be retroactive)

  • Alternative course completion options

  • Referral to counseling, medical, and/or other healthcare services

  • Referral to the Employee Assistance Program

  • Referral to community-based service providers

  • Student financial aid counseling

  • Education to the institutional community or community subgroup(s)

  • Altering campus housing assignment(s) and assistance from Recipient staff in completing the relocation

  • Safety planning

  • Providing campus safety escorts

  • Implementing contact limitations (no contact orders) between the parties

  • Trespass, Persona Non Grata (PNG), or Be-On-the-Lookout (BOLO) orders

  • Timely warnings

  • Increased security and monitoring of certain areas of the campus

  • Any other actions deemed appropriate by the Title IX Coordinator

• The right to have the University maintain such actions for as long as necessary and for supportive measures to remain confidential, provided confidentiality does not impair the University ability to provide the supportive measures

• The right to receive sufficiently advanced, written notice of any meeting or interview involving the other party, when possible

• The right to have the Investigator(s), Advisors, and/or Decision-maker(s) identify and question relevant available witnesses, including expert witnesses

• The right to provide the Investigator(s)/Decision-maker(s) with a list of questions that, if deemed relevant, may be asked of any party or witness

• The right to have inadmissible prior sexual predisposition/history or irrelevant character evidence excluded by the Decision-maker

• The right to know the relevant and directly related evidence obtained and to respond to that evidence

• The right to a fair opportunity to provide the Investigator(s) with their account of the alleged misconduct and have that account be on the record

• The right to receive a copy of all relevant and directly related evidence obtained by the investigation, subject to privacy limitations imposed by state and federal law, and a ten (10) business day period to review and comment on the evidence

• The right to receive a copy of the final investigation report, including all factual, policy, and/or credibility analyses performed, and to have at least ten (10) business days to review and comment on the report prior to the hearing

• The right to be informed of the names of all witnesses whose information will be used to make a finding, in advance of that finding, when relevant

• The right to regular updates on the status of the investigation and/or resolution

• The right to have complaints addressed by Investigator(s), Title IX Coordinator(s), and Decisionmaker(s) who have received relevant annual training

• The right to a Hearing Panel that is not single-sex in its composition, if a panel is used

• The right to preservation of confidentiality/privacy, as permitted by law

• The right to meetings, interviews, and/or hearings that are closed to the public

• The right to petition that any University representative in the process be recused on the basis of disqualifying bias and/or conflict of interest

• The right to have an Advisor of their choice to accompany and assist the party in all meetings and/or interviews associated with the resolution process

• The right to the use of the appropriate standard of evidence, preponderance of the evidence to make a finding after an objective evaluation of all relevant evidence

• The right to be present, including presence via remote technology, during all testimony given and evidence presented during any formal grievance hearing

• The right to have an impact statement considered by the Decision-maker(s) following a determination of responsibility for any allegation, but prior to sanctioning

• The right to be promptly informed in a written Notice of Outcome letter of the finding(s) and sanction(s) of the resolution process (if any) and a detailed rationale of the decision including an explanation of how credibility was assessed, delivered simultaneously (without undue delay) to the parties

• The right to be informed in writing of when a decision by the institution is considered final and any changes to the final determination or sanction(s) that occur post Notification of Outcome

• The right to be informed of the opportunity to appeal the finding(s) and sanction(s) of the resolution process, and the procedures for doing so in accordance with the standards for appeal

• The right to a fundamentally fair resolution as defined in these procedures