2023 Annual Security Report

48 2023 ANNUAL SECURITY REPORT In the case where the Respondent is a student, appeals must be filed in writing to the Dean of Students within five (5) days of being notified of the decision and must indicate the grounds for the appeal. The appeal will be decided by the Vice President for Enrollment Management and Student Affairs. In the case where the Respondent is an employee, appeals must be filed in writing to the State System of Higher Education Chancellor within five (5) days of being notified of the decision and must indicate the grounds for the appeal. In the case where the Respondent is an employee, appeals will be decided by the Chancellor. Both the Vice President for Enrollment Management and Student Affairs and the Chancellor will be free of conflict of interest and bias, and will not serve as an Investigator, Title IX Coordinator, Advisor or Decision Maker in the same matter. If a Party appeals, the University will notify the other Party in writing of the appeal as soon as practicable. Supportive measures and remote learning opportunities remain available during the pendency of the appeal while Disciplinary Sanctions are on hold until the appeal is settled. The outcome of appeal will be provided in writing simultaneously to both Parties and include rationale for the decision. DISCLOSURE STATEMENT TO VICTIMS OF CRIMES OF VIOLENCE: RIGHTS/RESPONSIBILITIES • An individual has a right to make a report of sexual misconduct to the University, which may be accompanied by a request for supportive measures. • An individual also has a right to make a Formal Complaint of sexual misconduct, which is a request to initiate the University’s informal resolution process or a formal disciplinary process, which includes an investigation and may proceed to a hearing. • Prior to the conclusion of a sexual misconduct investigation, the Complainant may request to withdraw the Formal Complaint by contacting the Title IX Coordinator/designee in writing. The Title IX Coordinator/designee will determine whether to close the case or conclude the investigation without the Complainant’s continued participation. • An individual also has the right to report sexual misconduct to law enforcement, separate and apart from any report or Formal Complaint made to the University. • Victims and Witnesses of sexual misconduct have the right to be assisted by the University in notifying law enforcement authorities of sexual misconduct or they can decline to notify such authorities. • Witnesses and Parties cannot be compelled to participate in the hearing and have the right not to participate in the hearing free from retaliation. • Each Party who is charged with a violation of the Sexual Misconduct Policy where jurisdiction is appropriate has a right to a hearing and for an Advisor to cross-examine Parties and Witnesses. • At the time a report is made, the reporting party does not have to decide whether to file a Formal Complaint or make a report of sexual misconduct to law enforcement. • An affected party has the right to request supportive measures from the University, which may include interim contact restrictions. • The reporting party has the right to seek medical treatment to address physical and mental health and to preserve evidence. • Parties may also have options to file civil actions in court or with administrative agencies. TRAINING Investigators and Hearing Officers for student conduct complaints are trained annually on the issues related to sexual assault, domestic violence, dating violence, and/or stalking as well as other sexual misconduct violations. Grievance procedures and processes are designed to protect the safety and rights of both the Complainant and Respondent. (See

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