Statement of the Parties’ Rights

Under this Policy and procedures, the Parties have the right to:

• An equitable investigation and resolution of all credible allegations of prohibited discrimination, harassment, retaliation, and Other Prohibited Behaviors, when reported in good faith to Recipient officials.
• Timely written notice of all alleged violations, including the identity of the Parties involved (if known), the specific misconduct being alleged, the date and location of the alleged misconduct (if known), the implicated Policies and procedures, and possible sanctions.
• Timely written notice of any material adjustments to the allegations (e.g., additional incidents or allegations, additional Complainants) by updating the Notice of Investigation and Allegation(s) (NOIA) as needed to clarify potentially implicated Policy violations.
• Be informed in advance of any Recipient public release of information regarding the allegation(s) or underlying incident(s), whenever possible.
• Have all personally identifiable information protected from the Recipient’s release to the public without consent, except to the extent permitted by law.
• Be treated with respect by Recipient officials.
• Have Recipient Policy and these procedures followed without material deviation.
• Voluntarily agree to resolve allegations under this Policy through Informal Resolution without Recipient pressure, if Informal Resolution is approved by the Administrator.
• Not be discouraged by Recipient officials from reporting discrimination, harassment, retaliation, and Other Prohibited Behavior to both on-campus and off-campus authorities.
• Be informed of options to notify proper law enforcement authorities, including on-campus and local police, and the option(s) to be assisted by the Recipient in notifying such authorities, if the party chooses. This also includes the right to not be pressured to report.
• Have allegations of violations of this Policy responded to promptly and with sensitivity by Recipient law enforcement and/or other Recipient officials.
• Be informed of available supportive measures, such as counseling, advocacy, health care, student financial aid, visa and immigration assistance, and/or other services, both on-campus and in the community.
• Be informed of available assistance in changing academic, living, and/or employment 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 for this option to be available.
• Have the Recipient maintain supportive measures for as long as necessary and for supportive measures to remain confidential, provided confidentiality does not impair the Recipient’s ability to provide the supportive measures.
• Receive sufficiently advanced written notice of any Recipient meetings or interviews involving another party, when possible.
• Identify and have the Investigator(s) and/or Decision-maker question relevant available witnesses, including expert witnesses.
• Provide the Investigator(s)/Decision-maker with a list of questions that, if deemed relevant and permissible by the Investigator(s)/Decision-maker, may be asked of any party or witness.
• Have Complainant’s inadmissible sexual interests/prior sexual history or any Party’s irrelevant character evidence excluded by the Decision-maker.
• Access the relevant evidence obtained and respond to that evidence.
• A fair opportunity to provide the Investigator(s) with their account of the alleged misconduct and have that account be on the record.
• Receive a copy of all relevant and permissible evidence obtained during the investigation, subject to privacy limitations imposed by federal and state law and be given ten (10) business days 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 seven (7) business days to review the report prior to the determination.
• Be informed of the names of all witnesses whose information will be used to make a finding, in advance of that finding, when relevant.
• Regular status updates on the investigation and/or Resolution Process.
• Have reports of alleged Policy violations addressed by Resolution Process Pool members who have received relevant annual training as required by law.
• Preservation of confidentiality/privacy, to the extent possible and permitted by law.
• Meetings, interviews, and/or hearings that are closed to the public.
• Petition that any Recipient representative in the process be recused on the basis of disqualifying bias and/or conflict of interest.
• Be able to select an Advisor of their choice to accompany and assist the party in all meetings and/or interviews associated with the Resolution Process.
• Apply the appropriate standard of proof, preponderance of the evidence, to make a Finding and Final Determination after an objective evaluation of all relevant and permissible evidence.
• Be present, including presence via remote technology, during all testimony given and evidence presented during any hearing.
• Have an impact and/or mitigation statement considered by the Decision-maker following a determination of responsibility for any allegation, but prior to sanctioning.
• Be promptly informed of the Resolution Process finding(s) and sanction(s) (if any) and be given a detailed rationale of the decision (including an explanation of how credibility was assessed) in a written outcome letter delivered to the Parties simultaneously (without undue delay).
• Be informed in writing of when a Recipient decision is considered final and any changes to the Final Determination or sanction(s) that occur post outcome letter delivery.
• Be informed of the opportunity to appeal the Resolution Process finding(s) and sanction(s), and the procedures for doing so in accordance with the Recipient’s grounds for appeal.
• A fundamentally fair resolution as defined in these procedures.