Statement of the Rights of the Complainant
- The right to investigation and appropriate resolution of all credible complaints of sexual misconduct made in good faith to University administrators;
- The right to be treated with respect by University officials;
- The right of both the complainant and respondent to have the same opportunity to have others present (in support or advisory roles) during a campus disciplinary hearing;
- The right not to be discouraged by University officials from reporting a sexual misconduct incident to both on-campus and off-campus authorities;
- The right to be informed of the outcome and sanction of any disciplinary hearing involving sexual misconduct, usually within 48 hours of the end of the conduct hearing;
- The right to 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 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 be notified of available counseling, mental health or student services for complainants of sexual misconduct, both on campus and in the community;
- The right to notification of and 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 complaint, or investigation - campus or criminal, need occur before this option is available). Such accommodations may include:
- Change in on-campus housing
- Arranging to dissolve a housing contract and pro-rating a refund; in accordance with campus housing policies;
- Changes in class sections, if available;
- Withdrawal from a class;
- Alternative course completion options by agreement of the appropriate faculty
- The right not to have irrelevant prior sexual history admitted as relevant information in a disciplinary hearing;
- The right not to have any complaint of sexual misconduct mediated (as opposed to adjudicated);
- The right to make a complainant-impact statement at the Sexual Misconduct Board and to have that statement considered by the board in determining its sanction;
- The right to a "no contact" clause letter sent to the respondent;
- The right to have complaints of sexual misconduct responded to quickly and with sensitivity by University personnel;
- The right to appeal the outcome of the Sexual Misconduct Board, in accordance with the established appeal procedures;
- The right to review all documentary information available regarding the complaint, subject to the privacy limitations imposed by state and federal law, at least 48 hours prior to the hearing;
- The right to a hearing closed to the public;
- The right to petition that any member of the Sexual Misconduct Board be removed on the basis of demonstrated bias;
- The right to bring an advisor or support person (who is a member of the University community) to all phases of the investigation and disciplinary hearing proceeding;
- The right to give testimony in the Sexual Misconduct Board hearing by means other than being in the same room with the accused individual;
- The right to ask the investigators to identify and question relevant witnesses;
- The right to be fully informed of campus conduct rules and procedures, as well as the nature and extent of all alleged violations contained within the complaint;
- The right to request the presence of witnesses at the disciplinary hearing, the opportunity (if desired) to ask questions to the Sexual Misconduct Board, and the right to challenge documentary information;
- The right to be present for all testimony given and information presented before the Sexual Misconduct Board;
- The right to have complaints heard by Sexual Misconduct Board members and appeals officers who have received sexual misconduct training;
- The right to a Sexual Misconduct Board comprised of representatives of both genders;
- The right to have University policies and procedures followed without material deviation;
- The right to be informed in advance of any public release of information regarding the complaint;
- The right not to have released to the public any personally identifiable information about the complainant, without his or her consent.
Revised 9/2012
Some excerpts of this policy contains language from similar policies at the University of Virginia, Occidental College, Notre Dame College (Ohio), University of California - Santa Cruz, Skidmore College, and the National Center For Higher Education Risk Management (NCHERM)
