Appendix E: Statement of the Parties' Rights

Under the Policy and Procedures, the Parties have the right to:

An equitable investigation and Resolution of all credible allegations of prohibited Discrimination, Harassment, Retaliation, and Other Prohibited Conduct, when reported in good faith to University officials
Timely written notice of all alleged violations, including the identity 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
Timely written notice of any material adjustments to the allegations (e.g., additional incidents or allegations, additional reports or Formal Complainants) by updating the Notice of Investigation and Allegation(s) (NOIA) as needed to clarify potentially implicated Policy violations
Be informed in advance of any University public release of information regarding the allegation(s) or underlying incident(s), whenever possible
Have all personally identifiable information protected from the University’s release to the public without consent, except to the extent permitted by law
Be treated with respect by University officials
Have University Policy and Procedures followed without material deviation.
Voluntarily agree to resolve allegations under the Policy through Informal Resolution without University pressure, if Informal Resolution is approved by the Senior Director of Student Experience and Title IX Coordinator
Not be discouraged by University officials from reporting Discrimination, Harassment, Retaliation, and Other Prohibited Conduct to both on-campus and off-campus authorities
Be informed of options to notify proper law enforcement authorities, including on-campus and local police, and the option(s) for the University to assist in notifying such authorities, if the party chooses. This also includes the right not to be pressured to report
Have University Campus Safety and Security and/or other University officials respond promptly to alleged Policy violations
Be informed of available supportive measures, such as counseling, advocacy, health care, student financial aid, visa and immigration assistance, and/or other services, both on campus and in the community
A University-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
Be informed of available assistance in changing academic, living, and/or employment situations after an alleged incident of Discrimination, Harassment, Retaliation, and/or Other Prohibited Conduct if such changes are reasonably available. No report or Formal Complaint, or investigation, either institutional or criminal, needs to occur before this option is available. Such actions may include, but are not limited to:
Relocating a residential Student’s housing to a different on-campus location
Assistance from University staff in completing the relocation
Changing an Employee’s work environment (e.g., reporting structure, office/workspace relocation)
Transportation assistance
Visa/immigration assistance
Arranging to dissolve a housing contract and provide a pro-rated refund
Rescheduling or adjusting an exam, paper, and/or assignment
Receiving an incomplete in, or a withdrawal from, a class (may be retroactive)
Transferring class sections
Temporary withdrawal/leave of absence (may be retroactive)
Campus safety escorts
Alternative course completion options
Have the University maintain supportive measures for as long as necessary, ensuring they remain confidential, provided confidentiality does not impair the University’s ability to provide the supportive measures or comply with the law
Receive sufficiently advanced written notice of any University meetings or interviews involving another party, when possible
Identify and have the Investigator(s), Advisors, and/or Decision-maker question relevant available witnesses, including expert witnesses
Provide the Investigator(s)/Decision-maker with a list of questions that, if deemed relevant by the Investigator(s)/Decision-maker, may be asked of any party or witness
Have Complainant’s inadmissible sexual predisposition/prior sexual history or any party’s irrelevant character evidence excluded by the Decision-maker
Review the Relevant and Directly Related Evidence (if applicable) obtained and respond to that evidence
A fair opportunity to provide the Investigator(s) with their account of the alleged misconduct and have that account be on the record
Receive a copy of all Relevant and Directly Related Evidence (if applicable) obtained during the investigation, subject to privacy limitations imposed by federal and state law, and a ten (10) business day period to review and comment on the evidence
Receive a copy of the Final Investigation Report, including all factual, Policy, and/or credibility analyses performed, and to have at least ten (10) business days to review and comment on the report prior to a hearing
Be informed of the names of all witnesses whose information will be used to make a Finding, in advance of that Finding, when relevant
Regular status updates on the investigation and/or resolution process
Have reports of alleged Policy violations addressed by Resolution Process Pool members, or others, who have received relevant annual training as required
A Decision-making panel that is not single Sex in its composition, if a panel is used
Preservation of confidentiality/privacy, to the extent possible and permitted by law
Meetings, interviews, and/or hearings that are closed to the public
Petition that any University representative in the process be recused on the basis of disqualifying bias and/or a conflict of interest
Be able to select an Advisor of their choice to accompany and assist the party in all meetings and/or interviews associated with the resolution process
Apply the appropriate standard of evidence, preponderance of the evidence, to make a Finding and Final Determination after an objective evaluation of all Relevant Evidence.
Be present, including presence via remote technology, during all testimony given and evidence presented during any hearing
Have an impact and/or mitigation statement considered by the Decision-maker following a Final Determination of responsibility for any allegation, but prior to sanctioning
Be promptly informed of the resolution process Finding(s) and sanction(s) (if any) and be given a detailed rationale for the decision (including an explanation of how credibility was assessed) in a written outcome letter delivered to the Parties simultaneously (without undue delay)
Be informed in writing of when a University decision is considered final and any changes to the Final Determination or sanction(s) that occur post outcome letter delivery
Be informed of the opportunity to appeal the Finding(s) and sanction(s) and the procedures for doing so in accordance with the University’s appeal grounds
A fundamentally fair resolution as defined in the Procedures