Rights of the Complainant and Respondent

In order to provide accessible, prompt, and fair methods of investigation and resolution of incidents of student gender-based misconduct, the University has developed a process for investigation and adjudication of misconduct reports. Throughout this process, both the complainant and respondent have the following rights:

• To respect, dignity, and sensitivity.
• To appropriate support from the University.
• To privacy to the extent possible consistent with applicable law and University policy.
• To information about the University’s Gender-Based Misconduct Policy for Students.
• To the presence of an advisor throughout the process.
• To participate or to decline to participate in the investigation or hearing panel process. However, a decision to refrain from participating in the process either wholly or in part will not prevent the process from proceeding with the information available.
• To a prompt and thorough investigation of the allegations.
• To adequate time to review documents in the Gender-Based Misconduct Office following the investigation.
• To adequate time to prepare for a hearing.
• To an opportunity to challenge investigator(s) or hearing panel member(s) for a possible conflict of interest.
• To refrain from making self-incriminating statements.
• To appeal the decision made by the hearing panel and any sanctions.
• To notification, in writing, of the case resolution, including the outcome of any appeal.
• To report the incident to law enforcement at any time.
• To understand that information collected in the process may be subpoenaed in criminal or civil proceedings.

Privacy

The University will reveal information about its investigations and adjudication of gender-based misconduct only to those who need to know the information in order to carry out their duties and responsibilities. It will inform all individuals participating in an investigation, proceeding, or hearing that they are expected to maintain the privacy of the process. This does not prohibit either a complainant or respondent from obtaining the assistance of family members, counselors, therapists, clergy, doctors, attorneys, or similar resources.

Advisors

The complainant and respondent, respectively, may be accompanied to any meeting or hearing related to an incident of misconduct by the advisor of their choice. Advisors may support the student and provide advice about the investigation and disciplinary process. During meetings and hearings, the advisor may talk quietly with the student or pass notes in a non-disruptive manner. The advisor may not intervene in a meeting or hearing or address the investigator or hearing panel, including by questioning witnesses or making objections.

If a complainant or respondent desires to have an attorney serve as his or her advisor, the University will arrange for a volunteer attorney-advisor if the student so requests. If the University is requested to arrange for a volunteer attorney for either the complainant or respondent, it will notify the other and arrange for a volunteer attorney-advisor for the other person upon request.

Declining to Participate

A complainant and/or respondent may decline to participate in the investigative or disciplinary process. The University may continue the process without the complainant’s and/or respondent’s participation. In most cases, a refusal to participate in the investigative process will preclude a complainant or respondent from participating before the hearing panel.

Time Frames

The University will seek to resolve every report of gender-based misconduct within approximately sixty calendar days of an initial report, not counting any appeal. Generally, the time line will be as follows:

• Investigation begins within 5 days after the initial report
• Investigation completed within 30 days after the investigation begins
• Hearing (if any) held within 15 days after the conclusion of the investigation
• Determination of the hearing panel issued within 5 days after the hearing
• Notice of sanctions issued within 5 days after the determination of the hearing panel
• Notice of appeals filed by either/both complainant and respondent within 5 days after the notice of determination and sanctions received by the complainant and respondent
• Decision on the appeal within 10 days after notice of appeal received

Each of these stages is explained in greater detail below.

Time frames may vary depending on the details of a case and at certain times of the academic year (for example, during breaks, study periods or final exams). The University may extend any time frame for good cause, with a written explanation to the complainant and respondent.

Notice

The Gender-Based Misconduct Office will give the complainant and respondent, respectively, a written explanation of their rights and options, and any available accommodations, as soon as possible after an incident is reported. The Office will also ensure that both the complainant and respondent are updated throughout the investigative process, including with timely notice of meetings where either or both the complainant and the respondent may be present.

More specifically, the complainant and respondent will simultaneously be given the following written notices:

• Conclusion of the Investigation
  • Notice of an opportunity to review in the Gender-Based Misconduct Office the investigative report and any other information that will be used in the disciplinary proceedings, consistent with federal law governing the privacy of student information.
• Administrative Resolution
  • Notice of whether the respondent accepts responsibility for violating the Policy.  
• Hearing Panel
  • Notice of the date and time of any hearing and list of hearing panel members.
  • Notice of the hearing panel’s finding of “responsible” or “not responsible,” along with the rationale for the outcome. This notice will include an explanation of the University’s appeals process.
• Sanctioning
  • Notice of the sanctions imposed and the reasons for the sanctions. This notice will include an explanation of the University’s appeals process.
• Appeals Process
  • Notice of whether an appeal has been filed.
  • Notice of whether the responsibility determination or sanctions have been modified.
  • Notice when the responsibility determination and sanctions become final.

Conflicts of Interest

The University requires any individual participating in the investigation, hearing process, sanctioning or appeal determinations to disclose to the Gender-Based Misconduct Office any potential or actual conflict of interest. If a complainant or respondent believes that any individual involved in the process has a conflict of interest, he or she may make a request to the Office that the individual not participate. A complainant or respondent who believes that a member of a hearing panel has a conflict of interest must submit this written request to the Gender-Based Misconduct Office within three days after notification of the panel’s membership. Any request should include a description of the conflict. If the Office determines that a conflict of interest exists, the University will take steps to address the conflict in order to ensure an impartial process.