Sculpture outside of Dows Fine Arts Center

Title IX - Rights of Complainants and Respondents

Rights of both parties


Rights of the Complainant 

  • 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 that you should
    1. not report crimes committed against you to civil and criminal authorities, campus security and disciplinary officials; or
    2. report crimes as lesser offenses than the complainant perceives them to be;
  • The right to be free from any kind of suggestion that campus sexual misconduct complainants not report or underreport crime because
    1. complainants are somehow responsible for the commission of crime against them;
    2. complainants were negligent or assumed the risk for being assaulted; or
    3. 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 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 three business days 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 complainant’s desire;
  • The right to be notified of available counseling, mental health or student services for complainants 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 (no formal complaint or investigation need to 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 prorating a refund;
    • Exam (paper, assignment) rescheduling;
    • Taking an incomplete in a class; o 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 an 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 complainants 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 privacy considerations explained elsewhere 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 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 encourage 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 panel members who have received appropriate sexual misconduct review training;
  • The right to full and prompt cooperation from campus personnel in providing evidence (related to proof of criminal sexual assault in subsequent legal proceedings).

Rights of Respondent

  • The right to investigation and appropriate resolution of all credible complaints of sexual misconduct made 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;
  • The right to timely written notice of all alleged violations within the complaint, including the nature of the violation and possible sanctions;
  • The right to exclude irrelevant prior sexual history as evidence in a campus administrative review process;
  • The right to make a statement during the investigation and to have that statement considered by the administrative review panel in determining the sanction;
  • The right to make a responsive statement during the investigation or the administrative review process and to have that statement considered by the panel in determining its sanction;
  • The right to appeal the finding and sanction of the administrative review panel;
  • The right to review, upon request, all documentary evidence available regarding the complaint, subject to privacy considerations explained elsewhere in this Policy;
  • The right to disciplinary proceedings closed to the public;
  • The right to petition that any investigator or administrative review panel member be removed on the basis of demonstrated bias or conflict of interest;
  • The right to have the college reasonably encourage the presence of student, faculty and staff witnesses;
  • The right to review all testimony given and evidence presented during the investigation and administrative review;
  • The right to challenge documentary evidence or testimony presented by witnesses or the complainant;
  • The right to have complaints heard by administrative review panel members who have received appropriate sexual misconduct review training;
  • The right to have one 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 itself, though they may communicate with the respondent as necessary. The advisor may not contact or communicate, directly or indirectly, with the complainant or any identified witness;
  • 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 process; and
  • The right to be informed in advance, when possible, of any public release of information regarding the complaint.