Statement of Rights

Complainant and Respondent

Rights of the Complainant

• The right to investigation and appropriate resolution of all credible reports or notice of sexual misconduct or discrimination made in good faith to college officials.
• The right to be informed in advance of any public release of information regarding the incident.
• The right of the complainant not to have any personally identifiable information released to the public without his or her consent.
• The right to be treated with respect by college officials.
• The right to have college 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 college officials from reporting sexual misconduct or discrimination to both on-campus and off-campus authorities.
• The right to be informed by college officials of options for notifying proper law enforcement authorities, including on-campus security and local police, and the option of being 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 complainant’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 third 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 complainant or others.
• The right to notification of, options for and available assistance in changing academic and living situations after an alleged sexual misconduct incident, if so requested by the complainant and if such changes are reasonably available (no formal report or campus or criminal investigation 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 college 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 college 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, subject to the privacy limitations imposed by state and federal law.
• The right not to have irrelevant prior sexual history admitted as evidence in a campus investigation.
• The right to regular updates on the status of the investigation and/or resolution.
• The right to have reports heard by investigators and appeals officers who have received annual sexual misconduct training.
• The right to an appeals 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 and/or interviews that are closed to the public.
• The right to petition that any member of the college resolution proceedings be recused on the basis of demonstrated bias.
• The right to bring a victim advocate or advisor of the complainant’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 respondent.
• 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.
• The right to be informed in writing of when a decision of the college 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 college.

Rights of the Respondent

• The right to investigation and appropriate resolution of all credible reports of sexual misconduct made in good faith to college 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 college officials.
• The right to have college policies and procedures followed without material deviation.
• The right to be informed of and have access to campus resources for counseling and advisory services.
• The right to be fully informed of the nature, policies and procedures of the college 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 review all documentary evidence available regarding the allegation, subject to the privacy limitations imposed by state and federal law.
• The right not to have irrelevant prior sexual history admitted as evidence in a campus resolution process.
• The right to have reports heard by investigators and appeals officers who have received annual sexual misconduct training.
• The right to petition that any member of the college resolution proceedings be recused on the basis of demonstrated bias.
• The right to an appeals panel comprised of representatives of both genders if a panel is to be used.
• The right to meetings and/or interviews that are closed to the public.
• The right to have an advisor of their choice to accompany and assist in the college resolution process.
• The right to a fundamentally fair resolution as defined in these procedures.
• 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.
• The right to be informed in writing when a decision of the college is considered final with 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 college.