Reporting party and responding party rights and support guidelines include:
Both parties will be treated with respect by University officials throughout the entire process. Each reserve and has the right to be present for all testimony given and evidence presented before the hearing officer/conduct board. Neither is required to be present as a prerequisite to proceed.
Both parties 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 either party so chooses. This also includes the right not to report.
Both parties each may request a University "No Contact Order" be in place between the parties or between a party and any other student who has engaged in or threatens to engage in any threatening, harassing or other improper behavior. The No Contact Order could remain in effect until the investigation is completed.
Both parties each may request a change in academic and living situations. If such changes are requested and are reasonably available, the Office of Academic & Community Conduct and/or the Title IX Coordinator will support the request. Neither a criminal conviction nor an investigation need be completed before a no contact order, a change in academic or living conditions or other appropriate interim actions and/or supportive measures be put in place.
Both parties will be provided with information regarding available counseling, mental health services, and student services related to sexual misconduct, both on campus and in the community.
Both parties will each be able to review all documentary evidence available regarding the allegation, and be informed of all witnesses participating in the hearing.
Both parties may each challenge any member of the conduct board, and request that the conduct board member be removed on the basis of demonstrated bias.
Both parties may each have an advisor of their choosing (including but not required to be an attorney) to accompany and assist them. The advisor may not participate directly in the University's Procedures, but may be present throughout the proceedings to offer advice, guidance, and/or support to both parties.
Academic and Community Conduct personnel may upon request put a privacy screen in place, or other separation of the parties (including but not limited to teleconference or videoconference) if there are joint meetings of both parties before the hearing, at the hearing, and/or after the hearing.
Formal rules of evidence shall not be applicable in conduct hearings but principles of relevance, credibility and acceptance of information which reasonable persons would accept as having probative value in the conduct of their affairs can be considered in any hearing on responsibility, sanctions, and/or interventions. Irrelevant prior sexual history will not be considered in any investigation or other procedures.
Both parties may make an impact statement, written or oral, during any point in the process and have the statement considered in determining potential outcomes.
Both parties will be informed simultaneously and in writing within five (5) business days of the University's decision, of the outcome of the University's Procedures, including the findings regarding all alleged misconduct, the rationale for the decision, any imposed sanction(s) and educational condition(s), and procedures for appeal. The reporting party and responding party will receive identical reports.
Both parties may each appeal the hearing decision in accordance with the standards for appeal established in the Sexual and/or Relationship Policy and Procedures.
Both parties will be informed of the case status simultaneously and in writing within three (3) business days after the appeal period has expired. If applicable, both parties will also receive notice simultaneously and in writing within three (3) business days of the appellate board's decision.
Students can also review the Rights/Support Guideline in the Student Code of Conduct Policy & Procedures For Addressing Allegations of Sexual and/or Relationship Misconduct Against Michigan Technological University Students.