Rights of parties

Rights of the parties in the resolution process

During the resolution process, the complainant and respondent are entitled to the following rights, as applicable:

• To be informed in advance of any public release of information regarding the allegations or underlying incidents, whenever possible.
• To have any personally identifiable information protected from being released to the public without consent, except to the extent permitted by law.
• To have school policies and procedures followed without material deviation.
• To not be discouraged by school officials from reporting allegations to on-campus and off-campus authorities.
• To be informed by school officials of options to notify proper law enforcement authorities, including on-campus and local police, and the options to be assisted by school authorities in notifying such authorities, if the party so chooses.
• To have allegations of violations of school policy responded to promptly and with sensitivity by school officials.
• To have a school-implemented no-contact order or a no-trespass order against a non-affiliated third party when a person has engaged in or threatens to engage in stalking, threatening, harassing or other improper conduct that presents a danger to the welfare of the party or others.
• To have the school maintain such a school-implemented no-contact order or a no-trespass order for as long as necessary. Supportive measures will remain private, provided privacy does not impair the school’s ability to provide supportive measures.
• To have the opportunity to ask the investigator and hearing officer to identify and question relevant witnesses, including expert witnesses.
• To have the opportunity to provide the investigator and hearing officer with a list of questions that may be asked of any party or witness.
• To have regular updates on the status of the investigation and resolution.
• To have the school compel the participation of faculty and staff witnesses.
• To be informed of the opportunity to appeal in accordance with the standards established by the school.

Additionally, both the complainant and respondent are entitled to:

• The right to an equitable investigation and resolution of all credible allegations of prohibited conduct.
• The right to timely written notice of all alleged violations, including the identities 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 treated with sensitivity and respect by school.
• The right not to be pressured to mediate or otherwise informally resolve any reported misconduct involving violence, including sexual violence.
• The right to be informed of available interim actions and supportive measures, such as counseling, advocacy, healthcare, or other services on campus and in the community.
• The right to be informed of available assistance in changing academic, living, and/or working situations after an alleged incident of prohibited conduct, if such changes are reasonably available. No formal complaint or investigation, either campus or criminal, needs to occur before such options are considered as potential supportive measures.
• The right to be informed that if they share personally identifiable details with non-confidential responsible employees, those details must be shared with the Title IX Coordinator.
• The right to have the school change an employee’s work environment (e.g., reporting structure, office/workspace relocation)
• The right to transportation accommodations.
• The right to exam, paper, and assignment rescheduling or adjustment.
• The right to receive an incomplete grade or a withdrawal from a class (may be retroactive).
• The right to transfer class sections.
• The right to a temporary withdrawal/leave of absence (may be retroactive).
• The right to campus safety escorts.
• The right to alternative course completion options.
• When possible, the right to receive sufficiently advanced written notice of any meeting or interview involving the other party.
• The right to have irrelevant prior sexual history or character excluded (not admitted) as evidence, with certain limited exceptions as described in the procedures.
• The right to know the relevant and directly related evidence obtained and to respond to that evidence.
• The right to fair opportunity to provide the investigators with their account of the alleged misconduct and have that account be on the record.
• The right to receive a copy of the investigation report, including all factual, policy, and credibility analyses performed, and all relevant and directly related evidence available and used to produce the investigation report. This right is subject to the privacy limitations imposed by state and federal law. Each party will be given at least 10 days to review the report before the hearing.
• The right to respond to the investigation report, including providing any additional relevant evidence and having that response on the record.
• The right to be informed of all witnesses’ names whose information will be used to make a finding, in advance of a hearing or finding.
• The right to preservation of privacy, to the extent possible and permitted by law.
• The right to meetings, interviews, and hearings related to the grievance process that are otherwise closed to the public.
• The right to petition for the recusal of any school representative in the process based on disqualifying bias or conflict of interest.
• The right to have an advisor of their choice to accompany and assist the party in all meetings and interviews associated with the resolution process within the guidelines set forth under the Title IX Policy and Procedures.
• The right to be present live or via remote technology during all testimony given and evidence presented during any formal grievance hearing.
• The right to have an impact statement considered following a determination of responsibility for any allegation before a determination of sanctions.
• The right to be promptly informed in a written Notice of Outcome letter of the findings and sanctions of the resolution process delivered simultaneously to the parties.