Student Bill of Rights
For sexual assault, dating violence, domestic violence and stalking.
What You Are Entitled To
Know what rights you are entitled to if you are a complainant of the above offenses. Complainants of the above offenses are entitled to:
- The right to make a report to the local law enforcement and/or the state police;
- The right to have disclosures of sexual assault, dating violence, domestic violence and stalking treated seriously;
- The right to make a decision about whether or not to disclose a crime or violation and participate in the University disciplinary process and/or criminal justice process free from pressure from the University;
- The right to participate in a process that is fair, impartial and provides adequate notice and meaningful opportunity to be heard;
- The right to be treated with dignity and to receive from the University courteous, fair and respectful health care and counseling services where available;
- The right to be free from any suggestion that the reporting individual is at fault when these crimes and violations were committed, or should have acted in a different manner to avoid such crimes or violations;
- The right to describe the incident to as few University representatives as practicable and not be required to unnecessarily repeat a description of the incident;
- The right to be protected from retaliation by the University, any student, the accused and/or the respondent, and/or their friends, family and acquaintances within the jurisdiction of the University;
- The right to at least one level of appeal of a determination;
- The right to be accompanied by an advisor of choice who may assist and advise a reporting individual, accused or respondent throughout the University disciplinary proceedings including all meetings and hearings related to such proceedings;
- The right to exercise civil rights and the practice of religion without interference by the investigative, criminal justice or disciplinary proceedings of the University.
Reporting individuals and complaints
- A reporting individual or complainant’s identity shall remain private at all times if the reporting individual or complainant wishes to maintain privacy.
- If the accused is an employee of the University, the complainant has the right to disclose the incident to Human Resources and the right to request a confidential or private employee to assist in the reporting.
- The right to receive assistance from an appropriate University representative on how to initiate legal proceedings in family or civil court.
- The right to withdraw a complaint or involvement from the University process at any time.
- All parties have the right to be provided with information about available resources, including intervention, mental health counseling and medical services, including costs.
- To be assisted by Public Safety in obtaining an Order of Protection or an equivalent protective or restraining order. To receive a copy of the Order of Protection or equivalent when received by the University and be provided with the opportunity to speak with a Public Safety Officer to answer questions and explain the provisions of the order. To receive assistance from public safety in effecting an arrest when an Order of Protection is violated.
- When the accused is a not a student, but is a member of the University Community and presents a continuing threat to the health and safety of the community, to subject the accused to interim measures in accordance with applicable collective bargaining agreements and the policies of the University.
- To receive reasonable interim accommodations regarding academics, housing, employment, transportation or other applicable arrangements to help ensure safety, prevent retaliation and a hostile environment consistent with the University policies.
- To receive a prompt response to the complaint and have it investigated and adjudicated by impartial individuals who have been trained annually in conducting investigations.
- Both parties have the right to exclude their own prior sexual history with persons other than the other party to the proceedings or their own mental health diagnosis and/or treatment from admittance into the disciplinary stages that determines responsibility.
- Past findings of dating violence, domestic violence, stalking or sexual assault may be admissible in the sanction stage.
- Both parties have the right to choose whether to disclose or discuss the outcome of the University proceeding and have information obtained during the proceedings protected from public release until the appeals panel makes final determination, unless required by law.
Location
Levermore Hall, 207