Appendix B: Rights of the Complainant

At all times during the Title IX process, the Complainant has the following rights:

• The right to investigation and appropriate resolution of all credible complaints of Prohibited Conduct made in good faith to University administrators;
• The right to have all personally identifiable information kept private and only revealed as required by the Relationship Violence and Sexual Misconduct (RSVM) policy and law;
• The right to be treated with respect by University officials;
• The right not to be discouraged by University officials from reporting an incident of Prohibited Conduct to both on-campus and off-campus authorities;
• The right to be informed by University officials of options to notify proper law enforcement authorities, including local police, and the option to be assisted by campus authorities in notifying such authorities, if the Complainant chooses. This also includes the right not to report, if this is the Complainant’s desire, unless required by law;
• The right to seek medical intervention and care;
• The right to have reports of Prohibited Conduct responded to quickly, and with sensitivity, by all parties;
• The right to preservation of privacy, to the extent possible and allowed by law;
• The right to be informed of, and have, University policies and procedures followed without material deviation;
• The right to notification of options for changing academic and living situations after an incident of Prohibited Conduct, if the accommodations are reasonably available.  No formal report or investigation, either campus or criminal, need occur before this option is available. For a list of available accommodations, see section 8.2;
• The right to a no contact order against another student who has engaged in or threatens to engage in stalking, threatening, harassing or other retaliatory behavior that presents a danger to the welfare of the Complainant or others;
• The right to bring an Advisor to all phases of the Title IX process and related policy process;
• The right to be informed of available counseling, mental health, or student services both on-campus and in the community;
• The right to be fully informed of the nature, rules, and procedures of the process and to a timely written notice of all alleged violations within the report, including the nature of the violation and possible outcomes;
• The right to review the preliminary investigative report and offer additional relevant materials and relevant witnesses to be interviewed and considered before the final investigative report is created;
• The right to review the final investigative report, subject to the privacy limitations imposed by state and federal law, at least two working days prior to a review panel;
• The right to be informed of the names of all witnesses, except in cases where a witness’ identity will not be revealed for compelling safety reasons;
• The right to have reports heard by persons who have received annual Title IX and trauma informed training;
• The right to identify and petition that any party be removed on the basis of bias and/or conflict of interest;
• The right to a finding based on the preponderance of the evidence presented during the investigation process. Such evidence should be credible, relevant, based on fact, and without prejudice. For a definition of preponderance of evidence, see Section 2;
• The right to be informed in writing of the findings and outcomes, usually within five working days of the determination; and
• The right to appeal the findings and/or outcomes, in accordance with the standards for appeal established in Section A.5 of the RVSM policy.