XXI. Responsibilities and Rights of the Parties and Witnesses

All University community members are expected to provide truthful information in any report or proceeding under this policy. Submitting or providing false or misleading information in bad faith or with a view to personal gain or intentional harm to another in connection with an incident of prohibited conduct is prohibited and subject to disciplinary action and sanctions under the appropriate disciplinary policy. This provision does not apply to reports made or information provided in good faith, even if the facts alleged in the report are not later substantiated.

During the entirety of the Title IX complaint process, the parties and witnesses have the following responsibilities and rights:

Responsibilities of the Parties and Witnesses:
1. The responsibility to be truthful and to follow the directions of University staff and agents responsible for administering this process;
2. The responsibility not to intimidate or retaliate against any individual who has made a good-faith report of a Title IX concern or who has participated as a party or witness in the process; and
3. The responsibility to keep confidential (by not disseminating beyond advisors) documents and materials received from the University during this process and, as part of this responsibility, to destroy or return, when so directed by the University, all documents provided by the University, except for the written determination regarding the outcome of the complaint.
Rights of the Parties and Witnesses:
1. The right to be reasonably protected from retaliation and intimidation where one has made a good-faith report of a Title IX concern or participated as a party or witness in the process; and
2. The right not to be disciplined for drug and alcohol violations (relating to voluntary ingestion) or similar offenses in connection with the reported incident that do not place the health or safety of any other person at risk.
Rights of the Parties:
1. The right to be accompanied by an advisor at meetings during the investigative process, and for that advisor to cross-examine the other party and witnesses during the live hearing.
2. The right to receive a written notice that provides sufficient detail about the allegations and the applicable policies for the Respondent to be able to respond and for both parties to understand the scope of the investigation;
3. The right to decline to give a statement about the allegations or the right to decline to submit to cross-examination or other questions at the live hearing;
4. The right to participate in the investigation, including by identifying witnesses and identifying and/or providing relevant information to the investigator;
5. The right to review the investigative file following completion of the investigation and prior to the live hearing and the ability to provide written clarification, etc.
6. The right of both parties to simultaneously receive a written determination following the live hearing;
7. The right to review the file, excepting information that cannot be shared due to confidentiality laws and regulations, including but not limited to FERPA, after receiving the written determination regarding the outcome of the complaint;
8. The right to appeal the outcome of the live hearing (explained more fully below);
9. The right to appeal the dismissal of a formal complaint of allegations of prohibited conduct (explained more fully below);
10. The right to receive an Appeal determination letter; and
11. The right to request periodic status updates throughout the investigation and resolution process.