Rights of the Complainant
Rights of the Complainant
Complainant's rights are, but are not necessarily limited to, the following:
• To be treated with respect, dignity, and sensitivity by University officials throughout the process.
• To investigation and appropriate resolution of all credible complaints of harassment or sexual misconduct made in good faith to University administrators;
• The right to services in an effort to prevent recurrence and retaliation, including but not limited to, a campus no-contact order against another student who has engaged in or threatens to engage in stalking, threatening, harassing or any form of sexual misconduct;
• To notification of and options for, and available assistance in, changing academic and living situations after an alleged violation of the sexual misconduct or harassment policies, 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). Services may include:
- Change of an on-campus student's housing to a different on-campus location;
- Arranging to dissolve a housing contract and pro-rating a refund;
- Exam (paper, assignment) rescheduling;
- Taking an incomplete in a class;
- Transferring class sections;
- Temporary withdrawal;
- Alternative course completion options.
• To notify proper law enforcement authorities at any point in the process, including on-campus and local police. This also includes the right not to report.
• To ask the investigators to identify and question relevant witnesses,
• 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;
• To be accompanied by a support person to all phases of the investigation and conduct proceeding;
• In cases of sexual misconduct, to not have irrelevant prior sexual history with anyone other than the respondent admitted as evidence in a campus proceeding;
• To review all documentation available regarding the complaint, subject to the privacy limitations ( Family Education Right and Privacy Act (FERPA)) imposed by state and federal law, prior to conduct proceeding;
• To participate in a campus conduct proceeding by means other than being in the same room with the respondent;
• To petition that any member of the Student Conduct Process be removed on the basis of demonstrated bias.
• To be informed of the outcome and actions taken of any conduct proceeding involving violations of sexual harassment or sexual misconduct, usually within 24 hours of the end of said proceeding;
• To appeal the findings and outcomes of conduct proceedings; regardless of the outcome, in accordance with the standards for appeal;
• To be informed in advance of any public release of information regarding the complaint.
• To be informed that the Title IX Coordinator or his/her designee is responsible for overseeing investigations related to complaints of sexual misconduct and harassment and may handle certain aspects of the University’s response to all alleged violations.