Rights of the Complainant and Respondent

 

Rights of the Complainant and Respondent

The complainant and respondent are entitled to:

·      respect, sensitivity, and dignity;

·      appropriate support from the University;

·      privacy to the extent possible based on applicable law and University policy;

·      information on the policy and procedures;

·      the right to participate or decline to participate in the complaint resolution process, with the acknowledgement that not participating, either totally or in part, may not prevent the process from process with the information available;

·      equitable procedures that provide both parties with a prompt, fair and impartial investigation and resolution conducted by officials who receive annual training on conduct prohibited by the policy;

·      notice of the allegations and defenses and an opportunity to respond;

·      an equal opportunity to identify relevant witnesses and other evidence and to suggest possible topics to be covered with witnesses during the formal process;

·      for the complainant, not to be questioned or have evidence considered regarding the complainant’s prior sexual conduct with anyone other than the respondent;

·      the right to appeal the decision and/or the sanctions;

·      the right to notification, in writing, of the resolution, including the outcome of any appeal;

·      the right to report the incident to law enforcement at any time or to decline to do so.

Additional Rights in Cases Involving Allegations of Sexual Assault, Dating Violence, Domestic Violence, or Stalking:  In cases involving allegations of sexual assault, dating violence, domestic violence, or stalking, the following rights will be afforded to the complainant and the respondent in addition to those rights described above. 

·      The complainant and respondent will be provided timely notice of meetings at which the complainant or respondent may be present.

·      The complainant and respondent will be provided timely and equal access to any information that will be used during informal and formal disciplinary meetings during the adjudication phase of the complaint resolution process.

·      The complainant and respondent have the right to have an advisor present during the complaint resolution process.  The University will not limit the choice of advisor or presence of the advisor for the complainant or respondent in any meeting or disciplinary process.  See the Advisors section below for additional information and rules regarding the conduct of advisors.