Information for Student Respondents

In student conduct cases involving sexual misconduct (e.g., sexual harassment, sexual violence, sexual assault or sexual exploitation) and interpersonal misconduct (e.g., domestic violence, dating violence or stalking), the respondent is generally the student or other individual accused to have engaged in the misconduct at issue.

Below you will find explanations on what will occur when the University undertakes an investigation and adjudication process and a summary of your rights and options as a respondent in that process.  The University will determine which investigation/adjudication process will be used based on the status of the respondent as a student, employee, faculty, or third party. 

These options are discussed further in the University's Sexual Harassment Policy. University officials implementing these processes are  in our policies and the requirements of Title IX and the Clery Act.

For a full description of those rights, you can refer to the Sexual Harassment Policy or the Code of Student Conduct.

General

Advisor/Support Person. You may bring an advisor or support person of your choice (e.g., parent, friend, lawyer, advocate) with you to any meetings or hearings during the investigation, adjudication, or appeal process - this person may provide advice or support but may not speak for you during the process.  Other guidelines regarding the selection and role of an advisor or support person can be found in the Sexual Harassment Policy. 

Confidentiality and Privacy. In a University investigation, respondents are provided information about the allegations to allow them a fair opportunity to respond. The level of detail necessary to do that, including revealing the complainant’s (the person bringing the complaint) identity, may vary depending upon the circumstances of the misconduct and the action to be taken. The privacy of all parties will be respected and safeguarded at all times. Information shared during an investigation is limited to those University employees who need to know in order to carry out their responsibilities to review, investigate and/or resolve these matters.

Retaliation. The University prohibits retaliation. All parties and witnesses are protected from any form of retaliation for participating in the investigation or filing of a complaint. Additionally, if you feel that one of the parties, or friends, teammates, or family members of the parties is engaging in harassment or other misconduct against you because of your participation in an investigation or for filing a complaint, you should let the University know.

Resources. The University offers a variety of support services to students, including counseling through the Student Counseling Center or assistance through the Student Disability Services office if accommodations are needed for a mental or emotional disability.  Other campus or community resources may include health exams, student financial aid counseling, legal advice, or visa/immigration assistance.  Resources can be located in the list below.

Supportive Measures. Regardless of whether a complainant decides to move forward with a formal complaint or investigation, the University will work with the complainant to provide supportive measures to make available assistance within the individual’s educational and/or work environment. For example, University no-contact orders or changes to academic, living, transportation, and/or working situations may be requested and will be arranged if reasonably available. In addition, if requested, counseling, health services, disability services, immigration services, financial aid resources, and assistance in notifying appropriate local law enforcement will also be provided. A respondent may also request assistance from the University. Supportive measures are not disciplinary sanctions themselves, but an individual’s failure to comply with the restrictions imposed as a part of supportive measures may serve as a basis for disciplinary action after an investigation into the circumstances of the failure to comply.

Investigation

Neutral Investigation. Upon receipt of a complaint and during an investigation, the University does not take sides. We are committed to providing a prompt, thorough, fair and impartial review.  Throughout the investigation and adjudication process, the standard of evidence used by the University is the preponderance of evidence standard, which considers whether it is more likely than not that a policy violation occurred.

Preserving Information and Evidence. You should attempt to preserve any information or evidence relating to the complaint, including physical, written, or electronic evidence which could be used in a University complaint resolution process or court proceeding. In addition to preserving any physical evidence, you are encouraged to save, for example, text messages, instant messages, social networking pages, and other communications, and to keep pictures, logs, and any other relevant documents. You may also want to write down all the details you can recall about the incident. 

Interviewing the Parties.  Typically, the investigator will first meet with the complainant in order to fully understand the allegations. The complainant is strongly encouraged to share all information, including documentation and names of witness, if any, with the investigator. After the investigator understands the nature and scope of the allegations, you will be asked about the allegations and given a full and fair opportunity to respond. You are also strongly encouraged to share all information, including documentation and names of witnesses, if any, with the investigator. The parties are not present during each other’s interviews.

Gathering Other Information. The investigator interviews witnesses and reviews all documentation deemed relevant to the situation. The investigator may also contact the parties with additional questions or to request additional information.

Investigator’s Report. The investigator will consider all information gathered during an investigation and prepare a report that will be shared with all parties before it is finalized andsent to the Dean of Students (where the respondent is a student), Human Resources Director (where the respondent is an employee) or their designee to determine whether it is more likely than not that a policy violation occurred.

Adjudication or Resolution

Hearing.  After reviewing the investigation report, the decision-maker will hold a hearing before making a final decision and imposing discipline, if applicable.  All parties may be participate and arrangements can be made to prevent direct contact between the parties.

Decision. The Dean of Students (where the respondent is a student), Human Resources Director (where the respondent is an employee) or their designee will determine whether it is more likely than not that a policy violation can be established. All parties will be notified in writing simultaneously of the decision. If the Dean of Students, Human Resources Director or designee finds a party responsible they may impose a sanction. If the Dean of Students, Human Resources Director or designee determines the evidence does not support a policy violation, the complaint will be closed.  Supportive measures may continue after the adjudication process is complete.

Appeal of the Dean’s or Designee’s Decision. Either party may appeal the decision of the Dean of Students, Human Resources Director or their designee consistent with the process outlined in the Code of Student Conduct and the Sexual Harassment Policy.  All parties will be notified simultaneously of any appeal decision.

Informal Resolution Process and/or Resolution by Agreement.  The parties may have the option  to ask the university to consider a resolution, which could include accepting measures such as withdrawal/separation from the University or agreements not to enter all or parts of campus, as an example. Requests for resolutions are handled on a case-by-case basis and always with the involvement of both parties – as each individual has different outcomes in mind that could address their own personal concerns. The resolution process remains voluntary and either individual may decline to participate and pursue the formal resolution process instead.  An informal resolution process may not be available in all circumstances and may not nvolve a full investigation or even, in most cases, a disciplinary outcome. The Title IX Coordinator, Dean of Students or Human Resources Director are available to discuss available informal resolution options. 

Sanctions. For complaints against students, the Code of Student Conduct identifies the sanctions that are available, including expulsion, suspension, non-academic probation, removal from University-owned housing, mandatory counseling, revocation of privileges, restitution, fines, educational or work assignments, or university reprimand. For complaints against employees, sanctions could range from counseling and reprimands to suspension or termination from employment.

For additional information and more details, see the University’s Sexual Harassment Policy.

Resources

Local Law Enforcement