Title IX

Policies & Resources

Title IX Rights

Statement of Rights of Reporting Party

  • The right to investigation and appropriate resolution of all credible complaints of sexual misconduct made in good faith to college administrators;
  • The right to be treated with respect by college officials;
  • The right of both reporting party and responding party to have the same opportunity to have others present (in support or advisory roles) during a campus disciplinary hearing;
  • The right to be notified of the time frame within which:  (a) the school will conduct a full investigation of the complaint; (b) the parties will be notified of the outcome of the complaint; and (c) the parties may file an appeal, if applicable.
  • The right for the complaint to be decided using a preponderance of the evidence standard (i.e., it is more likely than not to have happened or 50% plus a feather).  The school cannot use a higher standard of proof.
  • The right not to be discouraged by college officials from reporting an assault to both on-campus and off-campus authorities;
  • The right to be informed of the outcome and sanction of any disciplinary hearing involving sexual assault, usually within 24 hours of the end of the conduct hearing;
  • The right to be informed by college 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 victim’s desire;
  • 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;
  • The right to notification of and options for, and available assistance in, changing academic and living situations after an alleged sexual assault incident, if so requested by the victim and if such changes are reasonably available (no formal complaint, or investigation, campus or criminal, need occur before this option is available).  Accommodations may includebut not limited to:
    • Change of an on-campus student’s housing to a different on-campus location;
    • Assistance from college support staff in completing the relocation;
    • Arranging to dissolve a housing contract and pro-rating a refund;
    • Exam (paper, assignment) rescheduling;
    • Taking an incomplete in a class;
    • Transferring class sections;
    • Temporary withdrawal;
    • Alternative course completion options.
  •  The right not to have irrelevant prior sexual history admitted as evidence in a campus hearing;
  • The right not to have any complaint of sexual assault mediated (as opposed to adjudicated);
  • The right to make a victim-impact statement at the campus conduct proceeding and to have that statement considered by the board in determining its sanction;
  • The right to a campus no contact order against another student who has engaged in or threatens to engage in stalking, threatening, harassing or other improper behavior that presents a danger to the welfare of the complaining student or others;
  • The right to have complaints of sexual misconduct responded to quickly and with sensitivity by campus law enforcement.
  • The right to appeal the [finding and] sanction of the conduct body, in accordance with the standards for appeal established by the institution;
  • 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;
  • 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 accused student for compelling safety reasons (this does not include the name of the alleged victim/complainant, which will always be revealed);
  • The right to preservation of privacy, to the extent possible and allowed by law;
  • The right to a hearing closed to the public;
  • The right to petition that any member of the conduct body be removed on the basis of demonstrated bias;
  • The right to bring a victim advocate or advisor to all phases of the investigation and campus conduct proceeding;
  • The right to give testimony in a campus hearing by means other than being in the same room with the accused student;
  • The right to ask the investigators to identify and question relevant witnesses, including expert witnesses;
  • 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;
  • The right to have the college compel the presence of student, faculty and staff witnesses, and the opportunity (if desired) to ask questions, directly or indirectly, of witnesses (including the accused student), and the right to challenge documentary evidence.
  • The right to be present for all testimony given and evidence presented before the conduct body;
  • The right to have complaints heard by conduct and appeals officers who have received annual sexual misconduct training;
  • The right to a conduct panel comprised of representatives of both genders;
  • The right to have college policies and procedures followed without material deviation;
  • The right to be informed in advance of any public release of information regarding the complaint;
  • The right not to have released to the public any personally identifiable information about the complainant, without his or her consent.
  • 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;
  • The right to have the college compel the presence of student, faculty and staff witnesses, and the opportunity (if desired) to ask questions, directly or indirectly, of witnesses (including the accused student), and the right to challenge documentary evidence.
  • The right to be present for all testimony given and evidence presented before the conduct body;
  • The right to have complaints heard by conduct and appeals officers who have received annual sexual misconduct training;
  • The right to a conduct panel comprised of representatives of both genders;
  • The right to have college policies and procedures followed without material deviation;
  • The right to be informed in advance of any public release of information regarding the complaint;
  • The right not to have released to the public any personally identifiable information about the complainant, without his or her consent.
  • The right to investigation and appropriate resolution of all credible complaints of sexual misconduct made in good faith to college administrators against the accused student;
  • The right to be treated with respect by college officials;
  • The right to be notified of the time frame with which:  (a) the school will conduct a full investigation of the complaint; and (b) the parties will be notified of the outcome of the complaint.
  • The right for the complaint to be decided using a preponderance of the evidence standard (i.e., it is more likely than not to have happened or 50% plus a feather).  The school cannot use a higher standard of proof.
  • The right to be informed of and have access to campus resources for medical, counseling, and advisory services
  • The right to be fully informed of the nature, rules and procedures of the campus conduct process and to timely written notice of all alleged violations within the complaint, including the nature of the violation and possible sanctions; 
  • The right to a hearing on the complaint, including timely notice of the hearing date, and adequate time for preparation; 
  • The right not to have irrelevant prior sexual history admitted as evidence in a campus hearing;
  • The right to make an impact statement at the campus conduct proceeding and to have that statement considered by the board in determining its sanction;
  • The right to appeal the [finding and] sanction of the conduct body, in accordance with the standards for appeal established by the institution;
  • 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;
  • 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 accused student for compelling safety reasons (this does not include the name of the alleged victim/complainant, which will always be revealed);
  • The right to a hearing closed to the public;
  • The right to petition that any member of the conduct body be removed on the basis of bias;
  • The right to have the college compel the presence of student, faculty and staff witnesses, and the opportunity to ask questions, directly or indirectly, of witnesses, and the right to challenge documentary evidence.
  • The right to have complaints heard by conduct and appeals officers who have received annual sexual misconduct adjudication training;
  • The right to have college policies and procedures followed without material deviation;
  • The right to have an advisor or advocate to accompany and assist in the campus hearing process.  This advisor can be anyone, [optional: including an attorney (provided at the accused student’s own cost)], but the advisor may not take part directly in the hearing itself, though they may communicate with the accused student as necessary;
  • The right to a fundamentally fair hearing, as defined in these procedures;
  • The right to a campus conduct outcome based solely on evidence presented during the conduct process.  Such evidence shall be credible, relevant, based in fact, and without prejudice;
  • The right to written notice of the outcome and sanction of the hearing;
  • The right to a conduct panel comprised of representatives of both genders;
  • The right to be informed in advance, when possible, of any public release of information regarding the complaint. 

 

Statement of Rights of Responding Party

The rights of responding party should also be prominently indicated.  These should include, among others particular to your college:

  • The right to investigation and appropriate resolution of all credible complaints of sexual misconduct made in good faith to college administrators against the accused student;
  • The right to be treated with respect by college officials;
  • The right to be notified of the time frame with which:  (a) the school will conduct a full investigation of the complaint; and (b) the parties will be notified of the outcome of the complaint.
  • The right for the complaint to be decided using a preponderance of the evidence standard (i.e., it is more likely than not to have happened or 50% plus a feather).  The school cannot use a higher standard of proof.
  • The right to be informed of and have access to campus resources for medical, counseling, and advisory services
  • The right to be fully informed of the nature, rules and procedures of the campus conduct process and to timely written notice of all alleged violations within the complaint, including the nature of the violation and possible sanctions; 
  • The right to a hearing on the complaint, including timely notice of the hearing date, and adequate time for preparation; 
  • The right not to have irrelevant prior sexual history admitted as evidence in a campus hearing;
  • The right to make an impact statement at the campus conduct proceeding and to have that statement considered by the board in determining its sanction;
  • The right to appeal the [finding and] sanction of the conduct body, in accordance with the standards for appeal established by the institution;
  • 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;
  • 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 accused student for compelling safety reasons (this does not include the name of the alleged victim/complainant, which will always be revealed);
  • The right to a hearing closed to the public;
  • The right to petition that any member of the conduct body be removed on the basis of bias;
  • The right to have the college compel the presence of student, faculty and staff witnesses, and the opportunity to ask questions, directly or indirectly, of witnesses, and the right to challenge documentary evidence.
  • The right to have complaints heard by conduct and appeals officers who have received annual sexual misconduct adjudication training;
  • The right to have college policies and procedures followed without material deviation;
  • The right to have an advisor or advocate to accompany and assist in the campus hearing process.  This advisor can be anyone, [optional: including an attorney (provided at the accused student’s own cost)], but the advisor may not take part directly in the hearing itself, though they may communicate with the accused student as necessary;
  • The right to a fundamentally fair hearing, as defined in these procedures;
  • The right to a campus conduct outcome based solely on evidence presented during the conduct process.  Such evidence shall be credible, relevant, based in fact, and without prejudice;
  • The right to written notice of the outcome and sanction of the hearing;
  • The right to a conduct panel comprised of representatives of both genders;
  • The right to be informed in advance, when possible, of any public release of information regarding the complaint. 

 

Responding party or complainants/reporting party must petition within 5 business days of receiving the written decision for a review of the decision or the sanctions imposed.  Any party who files an appeal must do so in writing to the Executive Director of Student Affairs Office. The Executive Director of Student Affairs will share the appeal with the other party (e.g., if the responding party appeals, the appeal is shared with the complainant/reporting party, who may also wish to file a response), and then the Executive Director of Student Affairs will draft a response memorandum (also shared with all parties). All appeals and responses are then forwarded to the appeals officer/committee for initial review to determine if the appeal meets the limited grounds and is timely.  The original finding and sanction will stand if the appeal is not timely or substantively eligible, and the decision is final.  If the appeal has standing, the documentation is forwarded for consideration.  The party requesting appeal must show error as the original finding and sanction are presumed to have been decided reasonably and appropriately. The ONLY grounds for appeal are as follows:

  • A procedural error occurred that significantly impacted the outcome of the hearing (e.g. substantiated bias, material deviation from established procedures, etc.);
  • To consider new evidence, unavailable during the original hearing or investigation, that could substantially impact the original finding or sanction. A summary of this new evidence and its potential impact must be included.

If the Executive Director of Student Affairs determines that new evidence should be considered, it will return the complaint to the original hearing body to reconsider in light of the new evidence, only.  The reconsideration of the hearing body is not appealable.


If the Executive Director of Student Affairs determines that a material procedural error occurred, it may return the complaint to the original hearing body with instructions to reconvene to cure the error.  In rare cases, where the procedural error cannot be cured by the original hearing officers (as in cases of bias), the appeals officers or committee may order a new hearing on the complaint with a new body of hearing officers.  The results of a reconvened hearing cannot be appealed.  The results of a new hearing can be appealed, once, on the four applicable grounds for appeals. 


If the Executive Director of Student Affairs determines that the sanctions imposed are disproportionate to the severity of the violation, the appeals officer or committee will return the complaint to the student conduct office, which may then increase, decrease or otherwise modify the sanctions.  This decision is final. 


The procedures governing the hearing of appeals include the following:

  • All parties should be timely informed of the status of requests for appeal, the status of the appeal consideration, and the results of the appeal decision;
  • Every opportunity to return the appeal to the original hearing body for reconsideration (remand) should be pursued;
  • Appeals are not intended to be full rehearings of the complaint (de novo).  In most cases, appeals are confined to a review of the written documentation or record of the original hearing, and pertinent documentation regarding the grounds for appeal;
  • This is not an opportunity for appeals officers to substitute their judgment for that of the original hearing body merely because they disagree with its finding and/or sanctions. Appeals decisions are to be deferential to the original hearing body, making changes to the finding only where there is clear error and to the sanction only if there is a compelling justification to do so;
  • Sanctions imposed are implemented immediately unless the Executive Director of Student Affairs states their implementation in extraordinary circumstances, pending the outcome of the appeal.
  • The Executive Director of Student Affairs will render a written decision on the appeal to all parties within seven (7) business days* from hearing of the appeal.  The Executive Director of Student Affairs decision to deny appeal requests is final.

 

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