Title IX & Preventing Discrimination, Harassment & Sexual Misconduct

Title IX & Preventing Discrimination, Harassment & Sexual Misconduct


Respondent/Accused Rights

The respondent has the following rights during sexual misconduct proceedings:

• The right to be treated with respect by College officials at all times.
• The College will notify the respondent to let him or her know who the DACC official(s) will be with the authority to make a finding or impose a sanction in the proceedings.  The respondent will be given the opportunity to request a substitution if the participation of the named official(s) poses a conflict of interest. 
• The College will strive to protect the confidentiality of the parties and records involved to the extent permitted by law.
• The right to receive information on the steps and timeframes for inquiry, investigation and resolution.
• The right to have an advisor present during all meetings with investigators and at any proceedings.  The support person/advisor may not advocate on behalf of the respondent. They may only serve in a support role.  Also note, the involvement of the advisor may not delay meetings or proceedings or violate the rules established for advisors.  Please see the guidelines established in the Advisor definition noted above.
• The right to be informed in advance, when possible, of any public release of information regarding the complaint.
• The right to an adequate, objective, and impartial investigation and/or proceedings.  Please note that the College will use a preponderance of the evidence standard (more likely than not) in resolving the complaints.
• The College will protect the privacy of the participating parties and witnesses at any proceedings held to resolve complaints of sexual misconduct.  The identity of the respondent will not be disclosed except when it is necessary to resolve the complaint or when required by State or federal law. Please see Details of Confidentiality (above) for more information on confidentiality.
• The right to timely notice of all meetings.
• The right to be provided timely access to review relevant documents or materials subject to privacy limitations imposed by State and federal law.
• The right to present relevant evidence and/or witnesses with personal knowledge of the circumstances pertinent to the investigation and/or hearing.
• The respondent will not be placed in the presence of the complainant at any time during the proceedings.  Please note, in certain instances, the complainant or respondent may see and/or hear the testimony of the other party’s testimony.  Information challenged will be presented through the investigators and/or College administrator.
• The right to respond to and/or challenge evidence collected during any investigations. 
• The right to a finding and sanction (if applicable) based solely on evidence presented during the investigation/proceedings.
• The right to be informed, in writing, of the outcome, rationale for the outcome, and sanction(s) of any investigation involving any sexual misconduct within sixty (60) days of the date the complaint was received.  Notification will also be provided if any changes are made in the outcome/sanctions per the appeal resolution.
• Within 7 days of a decision, both parties are entitled to receive simultaneous, written notification of the results of the complaint resolution, including information related to appeal rights.
• The right to appeal the findings and/or sanction(s) in accordance with the appeals process. Appeals must be made to the President within seven (7) days of the decision.  Please see the “Right to Appeal” section for more information on appeals.

 

 

 

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