Being accused of sexual misconduct can be confusing and unsettling. A student/faculty/staff charged with violating a policy relating to sexual misconduct has rights and resources as outlined in the sexual misconduct procedures.

Initial Notification

If a student/faculty/staff member is officially charged with sexual misconduct, they will receive a notice of investigation and allegations from the Title IX Office. At that time, the investigation process will continue with the Title IX investigator.

A student/faculty/staff member who is accused or alleged to have committed a Title IX sexual misconduct violation is called the “respondent.” During the initial meeting with a respondent, the Title IX Coordinator will ensure that a respondent:

1. understands the rights of a respondent, the university sexual misconduct process, and their role as a respondent in the process;
2. understands the role of a respondent advisor who can assist the responding party during the university sexual misconduct process; a respondent has the right to choose their own advisor, who can be an attorney, or can request that one be assigned;
3. is informed about the sexual misconduct violations of sex-based harassment, sexual violence, sexual assault, domestic violence, dating violence, stalking, retaliation and;
4. is aware of available resources available including any interim actions that may be deemed necessary based on the information being provided.

Respondent Advisor

Support is available via a respondent advisor to guide a respondent as they engage in the investigation and adjudication of their alleged charge. Please contact the Title IX Office for more information about this resource. The scope of a respondent advisor generally includes:

• A safe listening space: Examples include listening non-judgmentally to the respondent; providing emotional support; and acting as a thought partner as the respondent makes decisions throughout the sexual misconduct process.
• Navigation and guidance through the sexual misconduct 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 sexual misconduct process itself; as well as understanding possible outcomes and appeals processes. The respondent advisor is permitted to accompany the respondent to any and all University investigation meetings and/or hearings, but will not speak on behalf of the respondent at interviews. The respondent advisor will ask questions to the other party and witnesses for the respondent at the hearing.
• 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 respondent advisor is not a confidential resource, additional resources such as counseling, health services, and pastoral care may become necessary. If needed, the respondent advisor will make a direct referral to these resources.

Limitations to the respondent advisor role

A respondent advisor will not give any directive or advice regarding the respondent’s acceptance or denial of responsibility in any given case; moreover, the respondent advisor is not a confidential resource, and may be considered a responsible employee in accordance with Title IX regulations. Additionally, a respondent advisor is not a legal representative and will not provide legal advice.

Rights and Responsibilities of the Respondent

• A respondent 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 Title IX Coordinator or their designee.
• A respondent has the right to procedural due process as outlined in the sexual misconduct policy and procedures.
• A respondent has the right to have the hearing process explained by a Title IX representative.
• A respondent may have a respondent advisor during all phases of the university sexual misconduct system. The respondent advisor’s role is passive for the investigation portion of the process, there to provide guidance and support but does not actively participate. However, the respondent advisor will ask questions of the other party and witnesses in the hearing.
• A respondent has the right to select an advisor of their choice. The respondent advisor can be an attorney; if requested, an advisor from the university will be appointed for the respondent.
• A respondent has the right to request an informal resolution provided both parties voluntarily agree, however, an informal resolution may not be possible in all cases. An informal resolution is not allowed when the case is between a faculty/staff member and a student.
• A respondent has the right to be notified in writing of all charges.
• A respondent has the right to accept or deny responsibility.
• A respondent has the right to due process, including a hearing and is presumed to be not responsible until/unless a finding of responsibility has been found per the sexual misconduct procedures.
• A respondent has the right to present witnesses as described in the sexual misconduct procedures.
• A respondent has the right to submit oral or written statements on their behalf.
• A respondent has the right to question and challenge information presented against them.
• A respondent has the responsibility to present a list of witnesses for a hearing at the pre-hearing conference with the hearing officer.
• A respondent has the responsibility to be cooperative, respectful, and truthful in all interactions with the hearing officer or the hearing panel.
• A respondent has the right to appeal the decision of the hearing panel or hearing officer as explained in the sexual misconduct policy and procedures.
• A respondent 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 Sexual Misconduct Policy.