Old Main

Title IX- Rights of the Parties



Rights of the Parties

All parties have a right to:

  • A prompt and fair response to all reports of discrimination, harassment, sexual misconduct, and/or retaliation and equal dignity provided to all individuals who participate in the complaint resolution process;
  • Receive information about the option to report to Campus Safety and/or local law enforcement and College support and assistance reporting (or not reporting) to local law enforcement and on-campus authorities;
  • An investigation and appropriate resolution of all credible allegations of discrimination, harassment, sexual misconduct, and/or retaliation that are made in good faith through a fundamentally fair resolution process as defined in these procedures;
  • Decisions that are based on information that is found to be credible, relevant, based in fact, and without prejudice;
  • Have College policies and procedures followed without material deviation;
  • Make decisions freely without pressure from a College official about whether or not to proceed formally or informally to resolve any reported misconduct involving violence, including sexual violence;
  • Notification of available services both on campus and in the community that provide counseling, mental health, advocacy, medical healthcare, legal assistance, student financial aid, and visa and immigration assistance;
  • A campus no contact order (or a no trespass order against a non-affiliated third party) when someone has engaged in or threatens to engage in stalking, threatening, harassing, retaliatory or other improper behavior that presents a danger to the welfare of the parties;
  • Notification of, options for, and available assistance in, changing academic and living situations after an alleged discrimination, harassment, sexual misconduct, and/or retaliation incident, if so requested by a party and if such changes are reasonably available (no formal report, or investigation, campus or criminal, need occur before this option is available). Such measures may include:
    • Changing an on-campus housing assignment;
    • Assistance from College support staff in completing the relocation;
    • Transportation accommodations;
    • Arranging to dissolve a housing contract and pro-rating a refund;
    • Exam (paper, assignment) rescheduling;
    • Excused absences;
    • Taking an incomplete in a class;
    • Transferring class sections;
    • Course withdrawal; and
    • Alternative course completion options.
  • Accommodations being maintained for as long as is necessary, and for protective measures to remain confidential, provided confidentiality does not impair the institution's ability to provide the accommodations or protective measures;
  • Be fully informed of campus policies and procedures as well as the nature and extent of all alleged violations contained within the report;
  • Be informed of the individuals who will be appointed to serve in the complaint resolution and appeals processes, identify conflicts of interest posed by the individuals determining the finding and/or sanctions, and request a substitution;
  • Provide the investigators a list of witnesses and corroborating information;
  • Receive the names of all witnesses whose information will be used to render a finding, in advance of that finding, except in cases where a witness's identity will not be revealed to the responding party for compelling safety reasons (this does not include the name of the reporting party, which will always be revealed);
  • Have investigators identify and question relevant witnesses, including expert witnesses and be afforded an opportunity to suggest questions to be asked of witnesses;
  • The opportunity to review and challenge all documentary evidence available in the report, subject to the privacy limitations imposed by state and federal law, prior to a finding by the investigation team;
  • Have irrelevant prior sexual history be excluded as evidence;
  • Regular updates on the status of the investigation and/or resolution, as appropriate;
  • Have individuals involved in the complaint resolution and appeals processes who have been appropriately trained and receive eight (8) hours of training on an annual basis;
  • Have the College compel the participation of student, faculty and staff witnesses, and the opportunity to provide the investigators with a list of potential questions to ask of witnesses, and the right to challenge documentary evidence;
  • Bring an advocate or advisor of the party’s choosing to all phases of the investigation and resolution proceeding;
  • Prompt notice of the outcome and sanction of the resolution process in writing, without undue delay between the notifications to the parties;
  • Receive written notification of when a decision by the College is considered final and any changes to the sanction to occur before the decision is finalized;
  • The preservation of privacy by the College, to the extent possible and permitted by law;
  • Meetings and/or interviews that are closed to the public;
  • Receive advanced notification of any public release of information regarding the incident by the College;
  • The right not to have any personally identifiable information released to the public by the College, without their consent, except as permitted or required by law.