Report Party Rights

                                      APPENDIX C: Statement of the Reporting Party’s Rights – Title IX


The right to investigation and appropriate resolution of all credible reports or notice of sexual misconduct or discrimination made in good faith to College officials;

• The right to be informed in advance of any public release of information regarding the incident;

• The right of the reporting party not to have any personally identifiable information released to the public, without his or her consent.

• The right to be treated with respect by College officials;

• The right to have College policies and procedures followed without material deviation;

• The right not to be pressured to mediate or otherwise informally resolve any reported misconduct involving violence, including sexual violence.

 The right not to be discouraged by College officials from reporting sexual misconduct or discrimination to both on-campus and off-campus authorities.

• The right to be informed by College officials of options to notify proper law enforcement authorities, and the option to be assisted by campus officials in notifying such authorities, if the student so chooses. This also includes the right not to report, if this is the victim’s desire;

• The right to have reports of sexual misconduct responded to promptly and with sensitivity by campus College officials.

• The right to be notified of available counseling, mental health, victim advocacy, health, or other student services for victims of sexual assault, both on campus and in the community;

• The right to a campus no contact order (or a trespass order against a nonaffiliated 3rd party) when someone has engaged in or threatens to engage in stalking, threatening, harassing or other improper behavior that presents a danger to the welfare of the reporting party or others;

• The right to notification of, options for, and available assistance in, changing academic or work situations after an alleged sexual misconduct incident, if so requested by the victim and if such changes are reasonably available (no formal report, or investigation, campus or criminal, need occur before this option is available). Accommodations may include:

       o Academic deadline (paper, assignment) rescheduling;

       o Taking an incomplete in a class;

       o Appropriate changes in academic or work schedules;

       o Alternative course completion options.

• The right to have the institution maintain such accommodations for as long as is necessary, and for protective measures to remain confidential, provided confidentiality does not impair the institution’s ability to provide the accommodations or protective measures.

 

• The right to be fully informed of campus policies and procedures as well as the nature and extent of all alleged violations contained within the report;

• The right to ask the investigators to identify and question relevant witnesses, including expert witnesses;

• The right to review all documentary evidence available regarding the allegation, including the investigative report, subject to the privacy limitations imposed by state and federal law, at least two (2) working days prior to the hearing;

• The right to be informed of the names of all witnesses who will be called to give testimony, at least two (2) working day prior to a hearing, except in cases where a witness’ identity will not be revealed to the responding party for compelling safety reasons (this does not include the name of the alleged victim/reporting party, which will always be revealed);

• The right not to have irrelevant prior sexual history admitted as evidence in a campus hearing;

• The right to regular updates on the status of the investigation and/or resolution.

• The right to have reports heard by hearing and appeals officers who have received at least eight (8) hours of annual sexual misconduct training;

• The right to a panel comprised of representatives of both genders, if a panel is to be used;

• The right to preservation of privacy, to the extent possible and permitted by law;

• The right to meetings, interviews and/or hearings that are closed to the public;

• The right to petition that any member of the conduct body be recused on the basis of demonstrated bias;

• The right to bring a victim advocate or advisor of the reporting party’s choosing to all phases of the investigation and resolution proceeding;

• The right to provide evidence by means other than being in the same room with the responding party;

• The right to be present for all testimony given and evidence presented during any resolution-related hearing;

• The right to make or provide an impact statement in person or in writing to the hearing officer following determination of responsibility, but prior to sanctioning;

• The right to be informed of the outcome and sanction of the resolution process in writing, without undue delay between the notifications to the parties;

• The right to be informed in writing of when a decision of the College is considered final, any changes to the sanction to occur before the decision is finalized, to be informed of the right to appeal the finding and sanction of the resolution process, and the procedures for doing so in accordance with the standards for appeal established by the College.