Appendix B: Statement of Rights of the Parties

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  • The right to an equitable investigation and resolution of all credible allegations of prohibited harassment, discrimination, and/or retaliation made in good faith to School officials. 
  • The right to 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. 
  • The right to timely written notice of any material adjustments to the allegations (e.g., additional incidents or allegations, additional Complainants, unsubstantiated allegations) and any attendant adjustments needed to clarify potentially implicated policy violations. 
  • The right to be informed in advance of any public release of information by the School regarding the allegation(s) or underlying incident(s), whenever possible. 
  • The right to not have any personally identifiable information released by the School to the public without consent provided, except to the extent permitted by law. 
  • The right to be treated with respect by School officials. 
  • The right to have School policy and these procedures followed without material deviation. 
  • The right to not be pressured to mediate or otherwise informally resolve any reported misconduct involving violence, including sexual violence. 
  • The right to not be discouraged by School officials from reporting sexual harassment, discrimination, and/ or retaliation to both on-campus and off-campus authorities. 
  • The right to be informed by School officials of options to notify proper law enforcement authorities and the option(s) to be assisted by the School in notifying such authorities, if the party so chooses. This also includes the right to not be pressured to report. 
  • The right to have allegations of violations of this Policy responded to promptly and with sensitivity by School officials. 
  • The right to be informed of available supportive measures, such as counseling; advocacy; health care; legal, Future Professional financial aid, visa, and immigration assistance; and/or other services, both on campus and in the community. 
  • The right to a School-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. 
  • The right to be informed of available assistance in changing academic or working situations after an alleged incident of discrimination, harassment, and/or retaliation, if such changes are reasonably available. No formal report, or investigation, either institutional or criminal, needs to occur before this option is available. Such actions may include, but are not limited to: 
    • Referral to community-based service providers 
    • Visa and immigration assistance 
    • Future Professional financial aid counseling 
    • Education to the School community or community subgroup(s) 
    • Altering work arrangements for employees 
    • Safety planning 
    • Implementing contact limitations (no contact orders) between the parties 
    • Academic support, extensions of deadlines, or other course/program-related adjustments
    • Trespass orders 
    • Timely warnings 
    • Withdrawals or leaves of absence 
    • Increased security and monitoring of certain areas of the campus 
    • Any other actions deemed appropriate by the Title IX Coordinator 
  • The right to have the School maintain such actions for as long as necessary and for supportive measures to remain confidential, provided confidentiality does not impair the School’s ability to provide the supportive measures. 
  • The right to receive sufficiently advanced, written notice of any School meeting or interview involving another party, when possible. 
  • The right to identify and have the Investigator, Advisors, and/or Decision-Maker question relevant available witnesses, including expert witnesses. 
  • The right to provide the Investigator/Decision-Maker with a list of questions that, if deemed relevant by the Investigator/Decision-Maker, may be asked of any party or witness. 
  • The right to have inadmissible sexual predisposition/prior sexual history or irrelevant character evidence excluded by the Decision-Maker. 
  • The right to know the relevant and directly related evidence obtained and respond to that evidence. 
  • The right to a fair opportunity to provide the Investigator with their account of the alleged misconduct and have that account be on the record. 
  • The right to receive a copy of all relevant and directly related evidence obtained during the investigation, subject to privacy limitations imposed by state and federal law, and a ten (10) business-day period to review and comment on the evidence. 
  • The right to 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 the hearing. 
  • The right to be informed of the names of all witnesses whose information will be used to make a finding, in advance of that finding, when relevant. 
  • The right to regular updates on the status of the investigation and/or resolution. 
  • The right to have reports of alleged Policy violations addressed by Investigators, Title IX Coordinators, and Decision-Makers who have received relevant annual training. 
  • The right to preservation of confidentiality/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 School representative in the process be recused on the basis of disqualifying bias and/or conflict of interest. 
  • The right to have an Advisor of their choice to accompany and assist the party in all meetings and/or interviews associated with the Resolution Process. 
  • The right to the use of the appropriate standard of evidence, preponderance of the evidence to make a Finding and Final Determination after an objective evaluation of all relevant evidence.
  • The right to be present, including presence via remote technology, during all testimony given and evidence presented during any hearing. 
  • The right to have an impact and/or mitigation statement considered by the Decision-Maker following a determination of responsibility for any allegation, but prior to sanctioning. 
  • The right to be promptly informed of the finding(s) and sanction(s) (if any) of the Resolution Process and a detailed rationale of the decision (including an explanation of how credibility was assessed) in a written Notice of Outcome letter delivered simultaneously (without undue delay) to the parties. 
  • The right to be informed in writing of when a decision by the School is considered final and any changes to the Final Determination or sanction(s) that occur post Notification of Outcome. 
  • The right to be informed of the opportunity to appeal the finding(s) and sanction(s) of the Resolution Process, and the procedures for doing so in accordance with the standards for appeal established by the School. 
  • The right to a fundamentally fair resolution as defined in these procedures.