Statement of Rights of the Respondent

1. The right to investigation and appropriate resolution of all credible complaints of sexual misconduct made in good faith to university administrators;

2. The right to be treated with respect by university officials;

3. The right to be informed of and have university policies and procedures followed without material deviation;

4. The right to bring an advisor to all phases of the investigation and campus conduct proceeding;

5. The right to be informed of and have access to campus resources for medical, counseling, and advisory services; both on campus and in the community

6. The right to be fully informed of the nature, rules and procedures of the campus conduct process and to timely written notice of all alleged violations within the complaint, including the nature of the violation and possible sanctions;

7. The right to ask the investigators to identify and question relevant witnesses, including expert witnesses;

8. The right not to have any complaint of sexual assault mediated (as opposed to adjudicated);

9. The right to review all documentary evidence available regarding the complaint, subject to the privacy limitations imposed by state and federal law, at least 2 working days prior to the hearing;

10. The right to be informed of the names of all witnesses who will be called to give testimony, within 2 working days of the hearing, except in cases where a witness’ identity will not be revealed to the respondent for compelling safety reasons (this does not include the name of the alleged victim/complainant, which will always be revealed);

11. The right to have complaints heard by conduct and appeals officers who have received annual sexual misconduct adjudication training;

12. The right to a conduct panel comprised of representatives of both genders;

13. The right to petition that any member of the conduct body be removed on the basis of bias;

14. The right to a hearing closed to the public;

15. The right of both complainant and respondent to have the same opportunity to have others present (in support or advisory roles) during a campus disciplinary hearing;

16. The right not to have irrelevant prior sexual history admitted as evidence in a campus hearing;

17. The right to a campus conduct outcome based on the preponderance (more likely than not) of evidence presented during the conduct process. Such evidence shall be credible, relevant, based in fact, and without prejudice;

18. The right to make an impact statement at the campus conduct proceeding and to have that statement considered by the board in determining its sanction;

19. The right to be informed in writing of the outcome and sanction of any disciplinary hearing involving sexual assault, usually within 5 working days of the end of the conduct hearing;

20. The right to appeal the [finding and] sanction of the conduct body, in accordance with the standards for appeal established by the institution;

21. The right to be informed in advance, when possible, of any public release of information regarding the complaint.

Version dated 2.2.2016 Reviewed Annually by the Title IX Coordinator and the EMU Crisis Management Preparedness Team