Sexual Misconduct – Statement Of The Rights Of The Accused Individual
The rights of accused individuals include:
- The right to investigation and appropriate resolution of all credible allegations of sexual misconduct made in good faith to university administrators against the responding party;
- The right to be treated with respect by university officials;
- 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 allegation, including the nature of the violation and possible sanctions;
- The right to a hearing on the allegation, 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 allegation, 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 reporting party for compelling safety reasons (this does not include the name of the reporting party, 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 university arrange the presence of student, faculty and staff witnesses, and the opportunity to ask questions, directly or indirectly, of witnesses present, and the right to challenge documentary evidence.
- The right to have allegations heard by conduct and appeals officers who have received annual sexual misconduct adjudication training;
- The right to have university 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 but, the advisor may not take part directly in the hearing itself, though they may communicate with the responding party 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 allegation.
Acknowledgment: Sokolow, Brett A., Lewis, W. Scott, and Schuster, Saundra K. (2011). “ATIXA Gender-Based and Sexual Misconduct Model Policy & Grievance Procedures”. NCHERM/ATIXA. Retrieved from www.atixa.org.