Sexual Misconduct Information

Accused Rights

Your rights as an accused individual should also be indicated.  These should include, among others particular to UNA:

  • You have the right to investigation and appropriate resolution of all credible complaints of sexual misconduct made in good faith to UNA’s administrators against you.
  • You have the right to be treated with respect by UNA’s officials.
  • You have the right to be informed of and have access to UNA’s resources for medical, counseling, and advisory services.
  • You have the right to be fully informed of the nature, rules and procedures of UNA’s conduct process and to timely written notice of all alleged violations within the complaint, including the nature of the violation and possible sanctions.
  • You have the right to a hearing on the complaint, including timely notice of the hearing date, and adequate time for preparation.
  • You have the right not to have irrelevant prior sexual history admitted as evidence in a hearing.
  • You have the right to make an impact statement at the conduct proceeding and to have that statement considered by the board in determining its sanction.
  • You have the right to appeal the [finding and] sanction of the conduct body, in accordance with the standards for appeal established by UNA.
  • You have the right to review all documentary evidence available regarding the complaint, subject to the privacy limitations imposed by state and federal law, at least 48 hours prior to the hearing.
  • You have the right to be informed of the names of all witnesses who will be called to give testimony, within 48 hours of the hearing, except in cases where a witness’ identity will not be revealed to you for compelling safety reasons (this does not include the name of the alleged victim/complainant, which will always be revealed).
  • You have the right to a hearing closed to the public.
  • You have the right to petition that any member of the conduct body be removed on the basis of bias.
  • You have the right to have UNA arrange the presence of student, faculty and staff witnesses, and the opportunity to ask questions, directly or indirectly, of witnesses present, and the right to challenge documentary evidence.
  • You have the right to have complaints heard by conduct and appeals officers who have received annual sexual misconduct adjudication training.
  • You have the right to have UNA’s policies and procedures followed without deviation.
  • You have the right to have an advisor or advocate accompanying and assisting in the campus hearing process.  This advisor can be anyone, [optional: including an attorney (provided at your own cost)], but the advisor may not take part directly in the hearing itself, though they may communicate with you as necessary.
  • You have the right to a fundamentally fair hearing, as defined in these procedures.
  • You have the right to a conduct outcome based solely on evidence presented during the conduct process.  Such evidence shall be credible, relevant, based in fact, and without prejudice.
  • You have the right to written notice of the outcome and sanction of the hearing.
  • You have the right to a conduct panel comprised of representatives of both genders.
  • You have the right to be informed in advance, when possible, of any public release of information regarding the complaint.

*Revised/used with permission from ATIXA.