Being accused of sexual misconduct can be confusing and unsettling. A student charged with violating a policy relating to sexual misconduct has rights and resources as outlined in the Student Handbook.
Initial Notification
If a student is officially charged with sexual misconduct, they will receive a charge letter from the Office of Community Standards. At that time, the investigation process will continue with the Title IX investigator.
A student who is accused or alleged to have committed a Title IX community standards violation is called the “responding party.” During the initial meeting with a responding party, a Title IX investigator will ensure that a student:
- understands the rights of a responding party, the university student conduct system process, and their role as responding party in the process;
- understands the role of a responding party advisor who can assist the responding party during the university student conduct system process and is provided a list of available responding party advisors or requests that an available responding party advisor make a direct outreach to the responding party;
- is informed about the community standards violations of gender and sexual based harassment, sexual violence, sexual assault, domestic violence, dating violence, or stalking and;
- is aware of available resources available including any interim actions that may be deemed necessary based on the information being provided.
Responding Party Advisor
Support is available via a responding party advisor through the Dean of Students Office to help a responding party to understand available resources and guide them as they engage in the investigation and adjudication of their alleged charge. Please contact the Dean of Students Office for more information about this resource. The scope of a responding party advisor generally includes:
- A safe listening space: Examples include listening non-judgmentally to the responding party; providing emotional support; and acting as a thought partner as the responding party makes decisions throughout the conduct process.
- Navigation and guidance through the conduct process: Examples include assistance with reviewing documents and materials from the investigation, final report, and sanctioning agreements; preparing written statements; understanding, processing, and coping with the conduct process itself; as well as understanding possible outcomes and appeals processes. The responding party advisor is permitted to accompany the responding party to any and all University investigation meetings and/or hearings, but will not speak on behalf of the responding party.
- Navigation and guidance through campus systems: Examples include advocating for and managing appropriate and reasonable academic arrangements/accommodations; advocating for and managing access to dining and housing needs; assistance in the navigation of logistical challenges brought on by interim actions such as interim suspensions and restrictions of privileges; and assistance with re-entry to the campus community after a period of separation from the University (if applicable).
- Referrals to additional campus resources: As the responding party advisor is not a confidential resource, additional resources such as counseling, health services, and pastoral care may become necessary. If needed, the responding party advisor will make a direct referral to these resources.
Limitations to the responding party advisor role
A responding party advisor will not give any directive or advice regarding the responding party’s acceptance or denial of responsibility in any given case; moreover, the responding party advisor is not a confidential resource, and may be considered a responsible employee in accordance with Title IX regulations. Additionally, a responding party advisor is not a legal representative and will not provide legal advice.
Rights and Responsibilities of the Responding Party
- A charged student has the right to have complaints brought against them within a reasonable time and investigated in a fair, impartial, and timely manner. Time extensions may be made by the Dean of Students or their designee.
- A charged student has the right to procedural due process as outlined in the Student Handbook.
- A charged student has the right to have the hearing process explained by a conduct administrator.
- A charged student may have a responding party advisor during all phases of the university student conduct system. The responding party advisor’s role is passive, there to provide guidance and support but does not actively participate in the university student conduct system.
- A charged student has the right to select an advisor of their choice. Advisors not selected from a list of trained responding party advisors will still be subjected to some limitations provided for by Title IX law. Additionally, outside advisors may also have more limited access to existing campus and community resources.
- A charged student has the right to request mediation provided both parties voluntarily agree, however, mediation may not be possible in all cases.
- A charged student has the right to be notified in writing of all charges.
- A charged student has the right to accept or deny responsibility.
- A charged student has the right to request a hearing option according to the student handbook procedures.
- A charged student has the right to present witnesses as described in the relevant student handbook provisions.
- A charged student has the right to submit oral or written statements on their behalf.
- A charged student has the right to question and challenge information presented against them.
- A charged student has the responsibility to present a list of witnesses for a hearing at least two (2) days before the hearing.
- A charged student has the responsibility to be cooperative, respectful, and truthful in all interactions with the hearing officer or the hearing panel.
- A charged student who is found responsible for an offense shall prior to receiving a sanction for that offense, have the right to submit to the hearing panel or officer responsible for determining the sanction, a verbal or written statement concerning an appropriate sanction.
- A charged student has the right to appeal the decision of the hearing panel or hearing officer as explained in the Student Handbook.
- A charged student has the right to be informed of the outcome of the hearing.
For more complete policies and laws pertaining to sexual misconduct, refer to The University of Rhode Island Student Handbook.