Respondent Rights

After an Incident is Reported

At the time initial contact is made with the respondent, the Title IX Coordinator shall inform the respondent in writing of the existence and general nature of the complaint and the provisions of the sexual violence policy, including the name of the complainant.

At the initial meeting with the respondent, the Title IX Coordinator shall:

  • provide a copy of or Web address for Board Policy 1B.3 and this procedure to the respondent
  • provide sufficient information to the respondent consistent with federal and state data privacy laws to allow the respondent to respond to the substance of the complaint
  • explain to the respondent that in addition to being interviewed by the Title IX Coordinator, the respondent may provide a written response to the allegations
  • determine whether other individuals are permitted to accompany the respondent during investigative interviews and the extent of their involvement
  • discuss the availability of supportive measures
  • inform the respondent of the provisions of Board Policy 1B.3 prohibiting retaliation
  • use the template notice of allegations

On-Going Rights

A respondent has the right to the following:

  1. The presumption that the Respondent is not responsible for the alleged conduct until a determination regarding responsibility is made at the conclusion of the investigation process
  2. The right to prompt assistance from campus officials, upon request, in notifying the appropriate campus investigating authorities and law enforcement officials, and assistance in obtaining, securing, and maintaining evidence in connection with a sexual violence incident
  3. The right to prompt investigation of a formal complaint
  4. The right to have an attorney or other support person who is not a fact witness to the sexual assault at any meeting with campus officials concerning the sexual assault complaint or campus disciplinary proceeding concerning a sexual assault complaint
  5. The right, upon request, to have the university or system office take action and other supportive measures to prevent unwanted contact with the alleged assailant, including, but not limited to, transfer of the complainant and/or the respondent to alternative classes, or to a work site or to alternative college-owned housing, if such alternatives are available and feasible
  6. The right to be notified of the outcome of any campus disciplinary proceeding concerning the sexual assault complaint, consistent with laws relating to data practices
  7. The right to be protected from retaliation or reprisal for making or participating in a complaint or disciplinary proceeding
  8. The right, consistent with laws governing access to student records, to have access to their description of the incident as it was reported to the University, including if the Respondent transfers to another postsecondary institution