Due Process Rights
Due Process Rights
Both the complainant(s) and the respondent(s) are entitled to due process and fair and equitable procedures in all facets of the complaint and investigation process and shall be:
- Provided access to support services from the university at their
- Provided written notification of:
- receipt of the complaint stating the allegation of a violation of System Regulation 01.01, Civil Rights Compliance;
- the appointed investigative authority;
- the appointed designated administrator;
- interim supportive measures, if any;
- admonishments regarding cooperation and prohibiting retaliation, and
- any informal resolution process that may be available.
- Informed of the investigation and adjudication
- Allowed to choose to participate or decline to participate in the process with the understanding that the process will continue without their involvement and that the university will determine an outcome with the information available.
- Allowed to discuss any conflicts of interest (real or perceived) arising from prior interactions by those handling the Title IX grievance procedures.
- Allowed to review the final draft of the investigative report and exhibits, and be provided an opportunity to submit comments to the investigators before the report is finalized.
- Provided a copy of the investigative report and exhibits before the
- Allowed to resolve the complaint through informal resolution if both parties agree and the complaint does not involve an employee respondent accused of sexually harassing a Mediation cannot be used to resolve an allegation of rape, statutory rape, dating violence, domestic violence, or any case in which imminent threats of harm may exist.
- The right to withdraw from an informal resolution process at any time prior to a final agreement and resume the formal investigative and adjudicative process.
- Allowed to have an advisor present during the investigation and adjudication During the investigation, the role of any advisor will be limited to being present and communicating only with their advisee. During the hearing process, the complainant(s) and the respondent(s) will be able to direct their advisor to ask questions of the opposing party, witnesses, and investigators. If a party does not have an advisor for the hearing, the university will provide the party with an advisor.
- Given the opportunity to present witnesses and submit other evidence on their behalf to the
- Notified in writing of the results /outcome of the complaint and subsequent
