Compainant's Bill of Rights

Hearing Process / Appeal Process / Complainant's Bill of Rights / Respondent's Bill of Rights

A. The right to an investigation and appropriate resolution of all credible complaints of sexual misconduct made in good faith to university administrators;

B. The right to be treated with respect by university officials;

C. The right of both complainant and respondent to have the same opportunity to have others present (in support or advisory roles) during a campus disciplinary hearing;

D. The right not to be discouraged by university officials when reporting an assault to on-campus and/or off-campus authorities;

E. The right to be promptly informed of the outcome and sanction of any disciplinary hearing involving sexual assault and/or any violent crime offenses.

F. 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.

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

H. The right to be advised of the options available to change academic and living situations (no formal complaint, or investigation, campus or criminal need occur before this option is available).

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

J. The right not to have any complaint of sexual assault mediated (as opposed to adjudicated);

K. The right to make a victim-impact statement at the campus conduct proceeding and to have the statement considered by the board in determining its sanction;

L. The right to a campus no contact order against another student who has engaged in or threatens to engage in stalking, threatening or harassing conduct that presents danger to the welfare of the complaining student or others;

M. The right to have complaints of sexual misconduct responded to quickly and professionally by campus law enforcement, Judicial Affairs and the Title IX Coordinator.

N. The right to review all documentary evidence available regarding the complaint, subject to the privacy limitations imposed by state and federal law, at least 48 hours prior to the hearing;

O: The right to be informed of the names of all witnesses who will be called to give testimony, within 48 hours of the hearing, except in cases where a witness’ identity will not be revealed to the respondent student for compelling safety reasons.

P: The right to preservation of confidentiality, to the extent possible and allowed by law;

Q: The right to a hearing closed to the public;

R: The right to bring a victim advocate or advisor to all phases of the investigation and campus conduct proceeding;

S: The right to give testimony in a campus hearing by means other than being in the same room with the respondent student;

T: The right to ask investigators to identify and question relevant witnesses, including expert witnesses;

U: 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;

V: The right to have the university compel the presence of student employee witnesses and the opportunity (if desired) to ask questions, directly or indirectly, of witnesses (including the respondent student), and the rights to challenge documentary evidence.

W: The right to be present for all testimony given and evidence presented before the conduct body;

X: The right to have complaints heard by conduct and appeals officers who have received annual sexual misconduct training;

Y: The right to a University Conduct Board comprised of representatives of both genders;

Z: The right not to have released to the public any personally identifiable information about the complainant, without his or her consent.

*statements that are italicized are from the Campus Sexual Assault Victim’s Bill of Rights from the 1992 Higher Education Amendment of 1992