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Know your Rights- Complainant and Respondent Rights

Complainant Rights

Complainants are afforded the following rights in this process:

  • To be treated with respect, dignity, and sensitivity throughout the process.
  • To seek support services at the University or referrals for support services off campus.
  • To privacy and protection under the Family Education Rights and Privacy Act (FERPA) and privacy of an individual’s medical and related records generally protected by the Health Insurance Portability and Accountability Act (“HIPAA”). Access to an Employee’s personnel records may be restricted in accordance with California privacy laws and, where applicable, Department of Human Resources Management (“DHRM”) Policy 6.05 Personnel Records Disclosure and DHRM Policy 6.10 Records Management, as applicable. The University will make all reasonable efforts to ensure preservation of privacy, restricting information to those with a legitimate need to know.
  • To be informed of the University’s Policies and Procedures related to Sexual Misconduct.
  • To a prompt and thorough investigation of the allegations.
  • To have a support/advisor/advocate person present during all phases of the complaint process, including administrative review and appeal meetings *.
  • To have information related to the alleged violation be reviewed with him/her by the Title IX Investigator during an administrative review meeting and an opportunity to respond in writing.
  • To refrain from making self-incriminating statements. However, the Title IX Investigator will determine a resolution with the information available to him/her.
  • To appeal either the decision or the sanctions determined by the Title IX Manager/Coordinator (or designee).
  • To be notified, in writing, of the case resolution – including the outcome of any appeal.
  • To report the incident to law enforcement if she/he wishes to do so.
  • To understand that information collected in this process may be subpoenaed in criminal or civil proceedings.

Respondent Rights

Respondents are afforded the following rights in this process:

  • To be treated with respect, dignity, and sensitivity throughout the process.
  • To seek support services at the University or referrals for support services off campus.
  • To privacy and protection under the Family Education Rights and Privacy Act (FERPA) and privacy of an individual’s medical and related records generally protected by the Health Insurance Portability and Accountability Act (“HIPAA”). Access to an Employee’s personnel records may be restricted in accordance with California privacy laws and, where applicable, Department of Human Resources Management (“DHRM”) Policy 6.05 Personnel Records Disclosure and DHRM Policy 6.10 Records Management, as applicable. The University will make all reasonable efforts to ensure preservation of privacy, restricting information to those with a legitimate need to know.
  • To be informed of the University’s Policies and Procedures related to Sexual Misconduct.
  • To a prompt and thorough investigation of the allegations.
  • To have a support/advisor/advocate person present during all phases of the complaint process, including administrative review and appeal meetings *.
  • To have information related to the alleged violation be reviewed with him/her by the Title IX Investigator during an administrative review meeting and an opportunity to respond in writing.
  • To refrain from making self-incriminating statements. However, the Title IX Investigator will determine a resolution with the information available to him/her.
  • To appeal either the decision or the sanctions determined by the Title IX Manager/Coordinator (or designee).
  • To be notified, in writing, of the case resolution – including the outcome of any appeal.
  • To report the incident to law enforcement if she/he wishes to do so.
  • To understand that information collected in this process may be subpoenaed in criminal or civil proceedings.

*The complainant and respondent may be accompanied by a “support person/advisor/advocate” during all phases of the complaint process. The “support person/advisor/advocate” must be a current member of the University of La Verne Community, not otherwise involved in the incident or investigation, a family member, or attorney. The role of the “support person/advisor/advocate” at any administrative review or appeal meeting is that of an observer and/or advisor.

Retaliation

It is a violation of this policy to retaliate against a person who reports sexual misconduct, assists someone with a report of misconduct, or participates in any manner in an investigation or resolution of a sexual misconduct report. Retaliation includes threats, intimidation, reprisals, and/or adverse actions related to employment or education.

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