Complainant and Respondent Rights
Victim, Complainant and Respondent rights and support guidelines include:
- The Victim and/or Complainant and Respondent will be treated with respect by University officials throughout the entire process.
- The Victim and/or Complainant and Respondent will 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 University officials in notifying such authorities, if the student/employee so chooses. This also includes the right not to report, if the complainant chooses.
- The Victim, the Complainant or the Respondent may request a campus "No Contact" condition against each other or against any other student/employee who has engaged in or threatens to engage in any threatening, harassing or other improper behavior.
- The Victim, Complainant or Respondent may request a change in academic/work/living situations. If such changes are requested, reasonable and are reasonably available, the University will support the request. Neither a criminal conviction nor an investigation need be completed before a student/employee requests that this interim measure be put in place.
- The Victim and Respondent will be provided with information regarding available mental health and student services, both on campus and in the community.
- It is the goal of the University to ensure that victims, complainants, and respondents have access to needed resources, services, and information. Victims and respondents will be given timely notice of the alleged violation(s) and investigation, and fully informed of the nature, rules, procedures, including possible sanctions.
- Neither the Victim and/or Complainant nor Respondent will have the option to mediate a complaint of sexual misconduct.
- The Complainant and the Respondent will each be able to review documentary information available regarding the complaint, and be informed of all witnesses participating in the investigation unless a witness has been granted anonymity for compelling safety reasons.
- The Complainant and Respondent may each request that any person investigating be removed on the basis of demonstrated bias.
- The Victim and/or Complainant and the Respondent may each participate in the investigation and hearing process and each may have an advisor of their choosing to accompany and assist them. The advisor may give guidance and/or provide support to the participant, but may not take part directly in the investigation and/or processes. The University will provide assistance to and consider the concerns and rights of both the victim and the respondent throughout the process.
- Irrelevant prior sexual history will not be considered in any investigation or other procedures.
- The Victim and/or Complainant and Respondent may each make an impact statement during any point in the process and have the statement considered in determining potential outcomes.
- The Complainant and Respondent will each be informed simultaneously and in writing of the outcome and appeal processes.
Additional Rights/Support Guidelines for the Victim and Complainant:
- University officials will not discourage the Victim or Complainant from reporting sex/gender based discrimination, harassment, and/or sexual misconduct offenses. The victim may cooperate in a University investigation, seek criminal charges with campus or local law enforcement, seek civil action with a civil trial, choose multiple options, or choose not to take any action.
Additional Rights/Support Guidelines for the Respondent:
- The respondent will be given a clear statement of the allegations against them and the opportunity to respond to those allegation by accepting or denying responsibility, or standing mute.
- The respondent will receive a fundamentally fair process and they may refuse to answer some or all questions during an investigation or hearing to avoid self-implication. This silence may not be used against the respondent.
Students can also review the Rights/Support Guideline in the Student Code of Conduct Sexual and/or Relationship Misconduct procedures.