What if I have been accused of sexual violence?
If you have been accused of sexual violence, sexual assault, sexual harassment, dating/domestic violence or stalking, there are campus services available to help you understand your rights and the investigation and adjudication processes. The Title IX Coordinator can appoint a trained individual to assist any students, staff members, or faculty who have been accused of sexual violence. They can:
- Help you understand your rights
- Explain and help you navigate the investigation and adjudication processes, including formal hearings
- Refer you to campus and community resources, such as for psychological counseling, legal services (including help understanding and complying with protection orders), alternative housing, academic changes and other needs
It is important to note that the assigned advisor is not legally required to maintain confidentiality. However, as a general practice, they will request signed consent from you before disclosing personally identifiable information.
Process for Adjudicating Cases of Alleged Sexual Violence and Sexual Harassment for Students
The process for investigating and resolving charges of alleged sexual violence and sexual harassment is completed in three stages: Investigation, Decision, and Appeal.
Investigation
A University Investigator will contact you to schedule an interview. While you are not obligated to participate in the investigation, the University will reach findings and issue a decision about the charges and impose disciplinary sanctions, if appropriate, based on the investigation report.
You may choose to speak with the investigator, give a personal statement, and answer questions; however, participating in the investigation does not mean that you have to give a personal statement. The investigation is the opportunity to provide all relevant information, respond to information submitted by the other party, identify potential witnesses, and submit questions for the investigator to ask the complainant or others.
At the end of the investigation, the University will notify you of the investigation findings and provide you with a copy of the investigation report.
Appeal
Either party has the right to appeal the decision to the Sexual Harassment Panel. You will have five business days following the decision letter to submit an appeal. If an appeal is submitted, any disciplinary sanctions will be postponed pending the outcome of the appeal.
Summary
The University’s procedures for sexual harassment and sexual violence will:
- Provide a prompt, fair and impartial investigation and resolution.
- Be conducted by officials who have received annual training on how to conduct an investigation, and conduct a proceeding in a trauma-informed manner
- The investigation will be conducted within the specified timeframe or less, unless there are mitigating circumstances in which case both the complainant and respondent shall be notified and provided with an explanation.
- Be conducted using the preponderance of the evidence standard.
Both the complainant and the respondent have the right to:
- Opt not to participate, or to discontinue participation, in the process. However, the University may still investigate, reach a conclusion as to whether there has been a violation of policy and assess sanctions, or take other action to maintain a safe community.
- Be accompanied by a support person and an advisor of their choice, including an attorney, at any stage of the process.
- Have an opportunity to present information, respond to information submitted by the other party, and identify witnesses who may have relevant information.
- Be provided with a copy of the completed investigation report.
- Comment on the investigation report in person and/or in writing.
- Be informed in writing of the outcome of any disciplinary action.
- Be informed of the procedures and deadline for appealing the outcome.
- Be informed of any change to the results that occurs prior to the time they become final.
- To be informed of when such results become final.
When the reported conduct also constitutes criminal conduct, you may wish to seek legal counsel before making any written or oral statements and seek advice about how your participation in a campus administrative process could affect any criminal case in which you might become involved.
