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student_policies.rights_victim_0708

SECTION VIII - RIGHTS OF THE ALLEGED VICTIM

When an Alfred University student has been the alleged victim of an act of misconduct which violates the physical and/or mental welfare of an individual, the victim should expect that the judicial system shall respond in a caring, sensitive manner which allows the victim to utilize the judicial process unimpeded, while still maintaining the rights of the accused student. In cases including but not limited to sexual misconduct, physical assault, hazing, and harassment, the following rights shall be provided to victims of alleged offenses:

  • The right to investigation and appropriate resolution of all credible complaints made in good faith to college administrators;

  • The right to be treated with dignity and respect by the judicial body, and by all persons involved in the judicial process;

  • The right not to be discouraged by college officials from reporting a crime, especially crimes of sexual violence, to both on and off campus authorities;

  • The right to be informed of the outcome and sanction of any campus judicial hearing involving violence, usually within 24 hours of the end of the judicial hearing;

  • The right to be informed of privacy laws that prohibit disclosure of campus judicial results that do not involve violence;

  • The right to be informed by college officials of options to notify proper law enforcement authorities, including on-campus public safety and local police, and the option to be assisted by campus officials in notifying such authorities, if the 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 services for victims, both on campus and in the community;

  • The right to make a victim-impact statement at the campus judicial proceeding and to have that statement considered by the board in determining its sanction;

  • The right to request a campus physical restriction or “keep-away” order against another student 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 student or others.  The right to have the “keep-away” measures take effect immediately and remain in force until the close of the hearing proceedings. The victim may request that students, and third parties as appropriate, be instructed by University authorities not to attempt to retaliate against, harass, threaten, intimidate, or contact the other party. Violation of such instructions would constitute grounds for the University to take immediate and further action;

  • The right to have complaints of sexual misconduct responded to quickly and with sensitivity by public safety and the campus judicial process;

  • The right to preservation of confidentiality, to the extent possible and allowed by law;

  • The right to a hearing closed to the public;

  • The right to bring a victim advocate or advisor to all phases of their investigation and campus judicial proceeding;

  • The right to give testimony in a campus hearing by means other than being in the same room with the accused student;

  • The right to present relevant witnesses to the campus judicial bodies;

  • The right to be fully informed of campus judicial rules and procedures as well as the nature and extent of all charges contained within the complaint;

  • The right to have college policies and procedures followed without material deviation;

  •  The right to notification of options for and available assistance in changing academic and living situations after an alleged incident, if so requested by the victim and if such changes are reasonably available (no charges or investigation, campus or criminal, need occur before this option is available);

  •   The right to have any unrelated past behavior excluded from the hearing process. The hearing officer shall determine what constitutes unrelated behavior.