The Rights of the Complaining Party and the Accused

To encourage reporting of sexual assault/sexual misconduct and to ensure fairness to all participants in the campus judicial process, the following is a list of rights of persons involved in campus sexual assault/sexual misconduct judicial proceedings heard before the Student Court.

The rights of the complaining party:

1. The right to an explanation of the options of redress available to the complaining party.
2. The right to request that a campus restraining order be issued to prohibit harassment of, or contact with, the complaining party by the accused or his acquaintances or supporters.
3. The right to know ahead of time the names of witnesses to be called in the hearing.
4. The right to have someone (not legal counsel) accompany him/her through the hearing for support only (no right to speak). All participants will be bound by the rules of confidentiality governing the hearing.
5. The right not to have irrelevant past sexual history discussed during the hearing.
6. The right to remain present for the entire proceeding (not deliberation) and to inspect evidence presented.
7. The right to be informed in a timely manner about the outcome of the hearing.
8. The right not to have his or her identity revealed outside the confidential proceedings, without consent.
9. The right to know the status of the case at any point during the judicial process.

The rights of the accused:

1. The right to an explanation of the charges.
2. The right to an explanation of the campus judiciary hearing process.
3. The right to be presumed innocent.
4. The right to a fair, impartial hearing.
5. The right to have a student advisor (without legal training) through the hearing. All participants will be bound by the rules of confidentiality governing the hearing.
6. The right to know ahead of time the names of witnesses to be called in the hearing.
7. The right to testify on his/her own behalf.
8. The right to be free from a second campus judicial hearing on the same charge after his/her actions have been found not in violation of the Code of Student Conduct.
9. The right to be informed in a timely manner of the panel's findings of the outcome of the hearing.