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Campus Sexual Misconduct Bill of Rights

Union College provides a number of rights to complainants in accusations of misconduct and to those accused of sexual misconduct including, but not limited to, the following:

Complainant

If you file a report of sexual misconduct (the complainant), you have the right to:

  • Obtain assistance from College officials to make a report to local law enforcement and/or state police.
  • Information about on and off campus resources including intervention, mental health counseling, and medical services, which shall include information on whether such resources are available at no cost or for a fee.
  • Information about the range of interim accommodations and remedies.
  • Have disclosures of sexual misconduct, relationship violence, sexual harassment, or stalking treated seriously.
  • Make a decision about whether or not to disclose a crime or violation and participate in the judicial or conduct process and/or criminal justice process free from pressure by the College.
  • Be treated with dignity and to receive from the College courteous, fair, and respectful health care and counseling services, where available.
  • Be free from any suggestion that you are at fault when these crimes and violations are committed, or should have acted in a different manner to avoid such crimes or violations.
  • Describe the incident to as few College representatives as practicable and not be required to unnecessarily repeat a description of the incident.
  • Be protected from retaliation by the College, any student, staff, or faculty member, the respondent, and/or his/her friends, family, and acquaintances within the jurisdiction of the College.

Respondent

As a party accused of sexual misconduct (the respondent), you are entitled to:

  • Be treated with dignity and respect by College officials.
  • Be afforded the right to a presumption of not responsible until a finding of responsibility is made in accordance with the procedures defined in this policy.
  • Receive from the College campus support resources (Counseling Services, the Office of Religious and Spiritual Life, Human Resources, and Health Services).

Both Parties

The complainant and respondent have the following rights:

  • To be able to exercise their civil rights and practice religion without interference by the investigative, criminal justice, or judicial or conduct process of the College.
  • Participate in a process that is fair, impartial, and provides adequate notice and a meaningful opportunity to be heard.
  • To request a campus “no contact order” against the other party.
  • To have an advisor of their choice (including legal counsel who they have retained) to assist in, and/or offer advice on, reporting and filing a complaint (if the complainant) and responding to a complaint (if the respondent); and to be present throughout the investigative process (while meeting with investigators), during informal resolution discussions with the Title IX Team, and/or throughout critical stages of the Formal Complaint Resolution process, as requested.
  • To have the rights set forth under the Formal Resolution Procedures.
  • Access to at least one level of appeal of a determination.