No person may intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege secured by Title IX, or because the individual has made a report or complaint, testified, assisted, or
participated or refused to participate in any manner in an investigation, proceeding, or hearing under this policy. Intimidation, threats, coercion, or discrimination, including charges against an individual for policy violations that do not involve sex discrimination or sexual harassment, but arise out of the same facts or circumstances as a report or complaint of sex discrimination, or a report or Formal Complaint of sexual harassment, for the purpose of interfering with any right or privilege secured by Title IX, constitutes retaliation.
At times, students may be hesitant to report the occurrence of sexual harassment because they are concerned that they themselves, or witnesses to the misconduct may be charged with other minor policy violation.In order to foster reporting and participation, the University may provide amnesty to Parties and witnesses accused of minor student conduct violations ancillary to the incident.
1. To be treated with respect by University officials.
2. To be free from retaliation.
3. To have access to University support resources (such as counseling and mental
health services and University health services).
4. To request a no contact directive between the Parties.
5. To have a Support Person of the Party’s choice accompany the party to all
interviews and meetings (excluding hearings) throughout the Title IX Process.
6. To refuse to have an allegation resolved through the Informal Resolution
7. To receive prior to a hearing or other time of determination regarding responsibility,
an investigative report that fairly summarizes the relevant evidence in an electronic
format or hard copy for their review and written response. 8. To have an opportunity to present a list of potential witnesses and provide
evidence to the Investigator.
9. To have Formal Complaints heard in substantial accordance with these
10. To receive written notice of any delay of this process or limited extension of time
frames for good cause which may include considerations such as the absence of
a Party, a Party’s Advisor or a witness; concurrent law enforcement activity; or the
need for language assistance or accommodation of disabilities.
11. To be informed of the finding, rationale, sanctions and remedial actions.
12. To report the matter to law enforcement (if applicable) and to have assistance in
making that report. 13. To have an opportunity to appeal the dismissal of all or a portion of a Formal Complaint, and appeal the determination of a Hearing Panel or other decision-maker.
a. To request reasonable housing, living and other accommodations and
remedies consistent with Section 600.030.H
b. To receive amnesty for minor student misconduct that is ancillary to the
incident, at the discretion of the Title IX Coordinator.
a. To receive notice of a hearing.
b. To have the names of witnesses who may participate in the hearing and copies
of all documentary evidence gathered in the course of the investigation and any
investigative report prior to the hearing.
c. To be present at the hearing, which right may be waived by either written
notification to the Hearing Officer or by failure to appear.
d. To have present an Advisor during the hearing and to consult with such Advisor
during the hearing, and have the Advisor conduct cross-examination and other
questioning on behalf of the Party at the hearing.
e. To have an Advisor of the University’s selection appointed for a Party where
the Party does not have an Advisor of their own choice at a hearing.
f. To testify at the hearing or refuse to testify at the hearing; however, if a Party
or witness fails to submit to cross-examination at the hearing, the Hearing
Panel shall not rely on any statement of that Party or witness in reaching a
determination regarding responsibility. The Hearing Panel shall not draw any
inference about the determination regarding responsibility based solely on a
Party’s or witness’s failure to submit to cross-examination.
g. To have an equal opportunity to present and question witnesses, including fact
and expert witnesses, and present relevant evidence.
h. To request that the hearing be held virtually, with technology enabling
participants simultaneously to see and hear each other.
Mandated Reporters are required to promptly report any details they possess in relation to a Title IX or Equity policy violation, including names of the Parties, if known, and all other information in their possession, to the appropriate Title IX Coordinator or Equity Officer. The Mandated Report must be made regardless of whether the person reporting the information to the Mandated Reporter requests confidentiality and regardless of how the Mandated Reporter becomes aware of the offensive behavior. Failure to comply with this policy can result in disciplinary action.
Bystanders are people who witness an incident such as bullying, drug abuse or assault, or the potential for these to occur, and have the opportunity to intervene and make a difference. Anyone present during an incident is considered a bystander. If something is telling you the situation could be dangerous, listen to that voice and intervene.
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