UAMS.EDU

Statement of Rights

STATEMENT OF THE RIGHTS OF COMPLAINANT/ALLEGED VICTIM

  • The right to be treated with respect by University officials;
  • The right to investigation and appropriate resolution of all credible complaints of sexual misconduct made in good faith to University  administrators;
  • Students:  the right to be assisted by no more than two representatives, including attorneys, at complainant’s cost, at any point during the initiation, filing, processing, or hearing of the formal grievance; however, no representative may examine witnesses or otherwise actively participate in a hearing.  The University should be notified five (5) business days in advance of the hearing if an advisor or advocate will accompany the complainant party.
  • Employees:  the right to be assisted by one person, including an attorney, at complainant’s cost, in the initiation, filing, processing, or hearing of the formal grievance; however no  representative may speak on behalf of complainant, question witnesses, or otherwise actively participate in the hearing.  The grievance panel may also be assisted and advised by University Counsel at its discretion;
  • The right not to be discouraged by University officials from reporting an assault to both on-campus and off-campus authorities;
  • The right to be informed in a timely manner of the outcome and sanction of any investigation and/or hearing involving sexual assault.
  • The right to be informed by University officials of options to notify proper law enforcement authorities, including on-campus and local police, and the option to be assisted by campus authorities in notifying such authorities, if the employee or student so chooses. This also includes the right not to report, if this is the victim’s desire;
  • The right to be notified of available counseling, mental health or student/employee services for victims of sexual assault, both on campus and in the community;
  • The right to notification of options and assistance for changing academic or employment situations after an alleged sexual assault incident. These changes will be made if they are reasonably available and desired by the victim. No formal complaint, or investigation, campus or criminal, need occur before this option is available. Accommodations may include:

o Exam (paper, assignment) rescheduling;

o Taking an incomplete in a class;

o Transferring class sections;

o Temporary withdrawal;

o Alternative course completion options;

o Alternative work assignments and/or supervisory changes.

  • The right not to have irrelevant prior sexual history admitted as evidence in a campus hearing;
  • The right not to have any complaint of sexual assault mediated (as opposed to adjudicated);
  • The right to make a victim-impact statement at the campus hearing proceeding and to have that statement considered by the grievance panel/committee in determining its recommendations;
  • The right to a campus no contact order against another person who has engaged in or threatens to engage in stalking, threatening, harassing or other improper behavior that presents a danger to the welfare of the complaining person or others;
  • The right to have complaints of sexual misconduct responded to quickly and with sensitivity by campus disciplinary officials;
  • The right to appeal, in accordance with the standards for appeal established by the institution;
  • The right to review the respondent’s testimony and all documentary evidence available regarding the complaint, subject to the privacy limitations imposed by state and federal law;
  • 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 the accused respondent for compelling safety reasons (this does not include the name of the alleged victim/complainant, which will always be revealed);
  • The right to preservation of privacy, to the extent possible and allowed by law;
  • The right to a hearing closed to the public;
  • The right to petition that any member of the grievance panel/committee be removed on the basis of demonstrated bias;
  • The right to give testimony in a campus hearing by means other than being in the same room with the respondent;
  • The right to ask the investigators to identify and question relevant witnesses, including expert witnesses;
  • The right to be fully informed of campus grievance rules and procedures as well as the nature and extent of all alleged violations contained within the complaint;
  • The right to be present for all testimony given and evidence presented before the grievance panel/committee;
  • The right to have complaints heard by panel/committee members and appeals officers who have received annual sexual misconduct training;
  • The right to a grievance panel/committee comprised of representatives of both genders;
  • The right to have University policies and procedures followed without material deviation;
  • The right to be informed in advance, when possible, of any public release of information regarding the complaint;
  • The right to a fundamentally fair, impartial and thorough investigation, grievance, hearing and appeal process, as defined by these procedures and that utilizes a preponderance of the evidence standard of review;
  • The right to written notice of the outcome and the sanction of any institutional disciplinary proceeding that arises from an allegation of domestic violence, dating violence, sexual assault, or stalking.
  • The right not to have released to the public any personally identifiable information about the complainant, without his or her consent.

STATEMENT OF THE RIGHTS OF RESPONDENT/ACCUSED PARTY

  • The right to investigation and appropriate resolution of all credible complaints of sexual misconduct made in good faith to University administrators against the respondent;
  • The right to be treated with respect by University officials;
  • The right to be informed of and have access to campus resources for counseling and advisory services;
  • The right to be fully informed of the nature, rules and procedures of the campus grievance process and to timely written notice of all alleged violations within the complaint, including the nature of the violation and possible sanctions;
  • The right to a hearing on the complaint, including timely notice of the hearing date, and adequate time for preparation;
  • The right not to have irrelevant prior sexual history admitted as evidence in a campus hearing;
  • The right to make an impact statement at the campus hearing proceeding and to have that statement considered by the grievance panel/committee in determining its recommendations;
  • The right to appeal, in accordance with the standards for appeal established by the institution;
  • The right to review the complainant’s testimony and all documentary evidence available regarding the complaint, subject to the privacy limitations imposed by state and federal law;
  • 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 the respondent for compelling safety reasons (this does not include the name of the alleged victim/complainant, which will always be revealed);
  • The right to a hearing closed to the public;
  • The right to petition that any member of the grievance panel/committee be removed on the basis of bias;
  • The right to have complaints heard by grievance panel/committee members and appeals officers who have received annual sexual misconduct training;
  • The right to have University policies and procedures followed without material deviation;
  • Students:  the right to be assisted by no more than two representatives, including attorneys, at respondent’s cost, at any point during the initiation, filing, processing, or hearing of the formal grievance; however, no representative may examine witnesses or otherwise actively participate in a hearing.  The University should be notified five (5) business days in advance of the hearing if an advisor or advocate will accompany the complainant party.
  • Employees:  the right to be assisted by one person, including an attorney, at respondent’s cost, in the initiation, filing, processing, or hearing of the formal grievance; however, no representative may speak on behalf of complainant, question witnesses, or otherwise actively participate in the hearing.  The grievance panel may also be assisted and advised by University Counsel at its discretion;
  • The right to a fundamentally fair, impartial and thorough investigation, grievance, hearing and appeal process, as defined by these procedures and that utilizes a preponderance of the evidence standard of review;
  • The right to a grievance panel/committee outcome based solely on evidence presented during the grievance process. Such evidence shall be credible, relevant, based in fact, and without prejudice;
  • The right to written notice of the outcome and sanction of the hearing;
  • The right to a grievance panel/committee comprised of representatives of both genders;
  • The right to be informed in advance, when possible, of any public release of information regarding the complaint.