Rights of Respondent (Accused Student)

As a member of the Coe community, it is important for you to understand your rights as a Respondent. These rights include but are not limited to the following:

  • The right to investigation and appropriate resolution of all credible complaints of sexual misconduct made in good faith to College administrators against the Respondent;
  • The right to be treated with respect by College officials;
  • The right to be informed of and have access to campus resources for medical, counseling, and advisory services.
  • The right to be fully informed of the nature, rules and procedures of the campus conduct process and to timely written notice of all alleged violations within the Complaint, including the nature of the violation and possible sanctions;
  • The right not to have irrelevant prior sexual history admitted as evidence in a campus Administrative Review Proceeding;
  • The right to make a statement during the Investigation and to have that statement considered by the Administrative Review Proceeding Panel in determining the sanction;
    • The right to make a responsive 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 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 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 have the College reasonably compel the presence of student, faculty and staff witnesses;
    • The right to review all testimony given and evidence presented during the investigation and Administrative Review Proceeding;
    • The right to challenge documentary evidence or testimony presented by witnesses or the Complainant;
    • The right to have Complaints heard by Administrative Review Proceeding Panel members who have received appropriate sexual misconduct review training;
    • The right to have College policies and procedures followed without material deviation;
    • The right to have an Advisor/Support Person to accompany and assist in the campus Disciplinary process. The Advisor may not take part directly in any Investigation or Administrative Review Proceeding itself, though they may communicate with the Respondent as necessary. The Advisor/Support Person may not contact or communicate, directly or indirectly, with the Complainant or any identified witness. If the Advisor/Support Person is an attorney, the Respondent 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 a fundamentally fair Investigation and Disciplinary proceeding and process;
    • The right to a campus conduct outcome based solely on evidence presented during the conduct process. The evidence shall be credible, relevant, based in fact, and without prejudice;
    • The right to written notice of the outcome and sanction of the Administrative Review Proceeding;
    • The right that representatives of both genders be involved in the investigation and resolution of a complaint;
    • The right to be informed in advance, when possible, of any public release of information regarding the Complaint.

More information about options available for respondents is available in this chart:

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.