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:
If you file a report of sexual misconduct (the complainant), you have the right to:
- Make a report to a College official with knowledge about the College Sexual Misconduct Policy, reporting options, and resources.
- 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 sexually transmitted infections, sexual assault forensic examinations, and resources available through the New York State Office of Victim Services.
- 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.
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).
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 adviser 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.