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Relationship Violence and Misconduct Policy

Statement of Rights for the Complainant

  1. The right to investigation and appropriate resolution of all credible complaints of relationship violence and/or sexual misconduct made in good faith to university administrators;
  2. The right to have all personally identifiable information kept private and only revealed as required by law.
  3. The right to be treated with respect by university officials;
  4. The right not to be discouraged by university officials from reporting an assault to both on-campus and off-campus authorities;
  5. 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 student chooses. This also includes the right not to report, if this is the complainant’s desire unless required by law.
  6. The right to seek medical intervention and care.
  7. The right to have complaints of sexual misconduct responded to quickly, and with sensitivity, by all parties.
  8. The right to preservation of privacy, to the extent possible and allowed by law;
  9. The right to be informed of, and have, university policies and procedures followed without material deviation; and the right to have an advisor to guide and support them in the process.
  10. The right to notification of, options for, and available assistance in, changing academic and living situations after an alleged relationship violence and/or sexual assault incident, if requested by the complainant and are reasonably available (no formal complaint, or investigation, campus or criminal, need occur before this option is available). Accommodations may include:
    • Change of an on-campus student’s housing to a different on-campus location;
    • Assistance from university residence life staff in completing the relocation;
    • Arranging to dissolve a housing contract and pro-rating a refund (through business office)
    • Exam (paper, assignment) rescheduling; taking an incomplete in a class; alternative course completion options; transferring class sections; withdrawal (in consultation with EMU’s Director of Retention);
  11. The right to a no contact order against another student who has engaged in or threatens to engage in stalking, threatening, harassing or other improper behavior that presents a danger to the welfare of the reporting student or others; (In consultation with EMU’s campus safety and security coordinator);
  12. The right to bring an advocate and/or advisor to all phases of the Title IX process;
  13. The right to be informed of available counseling, mental health or student services for victims of sexual assault, both on-campus and in the community;
  14. 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;
  15. 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;
  16. The right to review the final investigative report, subject to the privacy limitations imposed by state and federal law, at least 2 working days prior to a review panel;
  17. 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;
  18. The right to have complaints heard by persons who have received annual Title IX and trauma informed training;
  19. The right to a review panel comprised of representatives of sex, ethnicity and culture;
  20. The right to identify and petition that any party be removed on the basis of bias and/or conflict of interest;
  21. The right to have an advocate and/or advisor during an investigation and/or hearing;
  22. The right not to have any prior unrelated sexual history admitted as evidence;
  23. The right to a finding based on the preponderance (more likely than not) of the evidence presented during the investigation process. Such evidence should be credible, relevant, based on fact, and without prejudice;
  24. The right to be informed in writing of the findings and outcomes of any alleged relationship violence and/or sexual misconduct, usually within 5 working days of the determination;
  25. The right to appeal the findings and/or outcomes, in accordance with the standards for appeal established in the RVSM policy and procedure.