Rights of the Alleged Victim/Complainant

Rights of the Alleged Victim/Complainant As a member of the Coe community, it is important for you to understand your rights as an alleged victim. These rights include but are not limited to the following:

  • The right to have any and all incidents of sexual misconduct committed against you treated with seriousness;
  • The right to be free from any kind of pressure from campus personnel that you should (i) not report crimes committed against you to civil and criminal authorities, campus security and disciplinary officials; or (ii) report crimes as lesser offenses than the victims perceives them to be;
  • The right to be free from any kind of suggestion that campus sexual misconduct victims not report or underreport crime because (i) victims are somehow responsible for the commission of crime against them; (ii) victims were negligent or assumed the risk for being assaulted; or (iii) by reporting crimes they would incur unwanted personal publicity.
  • The right to investigation and appropriate resolution of all credible complaints of sexual misconduct made in good faith to College administrators;
  • The right to be treated with respect and dignity by College officials;
  • The right to have others present (in support or advisory roles) during an initial assessment, investigation, or during any part of any campus disciplinary proceeding outlined in this Policy;
  • The right not to be discouraged by College officials from reporting sexual misconduct to both on-campus and off-campus authorities;
  • The right to be informed of the outcome and sanction of any disciplinary proceeding involving sexual misconduct, usually within 48 hours of the end of the proceeding;
  • The right to be informed by College officials of options to notify proper civil and criminal authorities, including Campus Security and the Cedar Rapids Police Department, and the option to be assisted by campus administrators in notifying such authorities, if the student so chooses. It 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 of sexual misconduct, both on campus and in the community;
  • The right to notification of, options for, and available assistance in, changing academic, working, transportation, and living situations after an alleged sexual misconduct incident, if so requested by the victim and if such changes are reasonably available (no formal complaint, or investigation, campus or criminal, need occur before this option is available). Such options may include:
    • Change of an on-campus student’s housing to a different on-campus location;
    • Assistance from College support staff in completing the relocation;
    • Arranging to dissolve a housing contract and pro-rating a refund;
    • Exam (paper, assignment) rescheduling;
    • Taking an incomplete in a class;
    • Transferring class sections;
    • Temporary withdrawal;
    • Alternative course completion options
  • The right not to have irrelevant prior sexual history admitted as evidence in a campus Administrative Review Proceeding;
  • The right to make a victim-impact statement during the Investigation or the Administrative Review Proceeding process and to have that statement considered by the board in determining its sanction ;
  • The right to a request, and have granted where the College deems it appropriate, a campus “no contact” 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 be made aware of, and assisted in, exercising any options, as provided by the state and federal laws or regulations, with regard of mandatory testing of sexual assault suspects for communicable diseases, and with regard to notification of victims of the results of such testing.
  • The right to appeal the finding and sanction of the Administrative Review Proceeding Panel;
  • The right to review, upon request, all documentary evidence available regarding the complaint, subject to the confidentiality limitations imposed by state and federal law and this Policy, prior to any written statement being due, any in person investigatory interview, or any other meeting, interview, statement or proceeding contemplated in this Policy;
  • The right to be informed of the names of all witnesses identified who will be interviewed, provide statements, or otherwise participate in any proceedings or processes contemplated in this Policy, except in cases where a witness’ identity will not be revealed to the Respondent for compelling safety reasons. Unless a Complainant specifically requests to remain anonymous, the name of the alleged victim/Complainant, will generally be revealed. If the Complainant requests anonymity, her/his Complaint is subject to the limitations enumerated in this Policy;
  • The right to preservation of confidentiality, to the extent possible and allowed by law;
  • The right to disciplinary proceedings closed to the public;
  • The right to petition that any Investigator or Administrative Review Proceeding Panel member be removed on the basis of demonstrated bias or conflict of interest;
  • The right to bring an Advisor/Support Person to all phases of the investigation and Informal or Formal Disciplinary Proceeding. The Advisor may not take part directly in any Investigation or Administrative Review Proceeding itself, though they may communicate with the Complainant as necessary. The Advisor may not contact or communicate, directly or indirectly, with the Respondent or any identified witness. If the Advisor/Support Person is an attorney, the Complainant must give the Sexual Misconduct Coordinator at least seven (7) days’ notice so the College can have legal counsel present, if warranted;
  • The right to give testimony or provide statements in an investigation by means other than being in the same room with the Respondent;
  • The right to identify relevant witnesses during the campus investigation process;
  • The right to be fully informed of campus conduct rules and procedures;
  • The right to have the College reasonably compel the presence of student, faculty and staff witnesses;
  • The right to challenge documentary evidence or testimony presented by witnesses or the Respondent;
  • The right to review all testimony given and evidence presented during the investigation and Administrative Review Proceeding;
  • The right to have Complaints heard by Administrative Review Proceeding Panel members who have received appropriate sexual misconduct review training;
  • The right that representatives of both genders be involved in the investigation and resolution of a complaint;
  • The right to have College 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 not to have released to the public any personal information about the Complainant, without his or her consent;
  • The right to full and prompt cooperation from campus personnel in obtaining and securing and maintaining evidence (including a medical examination) as may be necessary to the proof of criminal sexual assault in subsequent legal proceedings.

For more information about options and rights for complainants, see this document:

Please note that the Student Reference Book is the official document provided to students that includes these policies. Please refer to the Student Reference Book for any updates to these policies and practices.