Livingstone College

Gender Discrimination and Sexual Misconduct Rights Of the Complainant And Respondents

Complainant’s Rights
The Complainant has the right to report an incident of sex discrimination or harassment including sexual violence. The report can be filed with the Title IX coordinator, Campus Police and Public Safety, Dean of Students, or a Responsible Employee. The College will provide a timely and thorough investigation, and will treat the Complainant with respect throughout the student conduct process.

•The Complainant may also file a report of sexual violence or other misconduct to local law enforcement. Filing a report with local law enforcement does not prevent College disciplinary actions.
•The College will provide a prompt and thorough investigation, and will treat the Complainant with respect throughout the student disciplinary process. Every effort will be made to resolve cases of violence or sexual misconduct within 60 days of reporting.
•The College will inform the Complainant of the conduct process, including options for appealing any final determination. Additionally, the Complainant will be informed of available counseling services, medical services, mental health services, and other campus and off campus resources for assistance for victims of violence and sexual misconduct.
•The Complainant has the right to submit physical evidence in the event of a sexual assault. A survivor of a sexual assault should go to the nearest hospital emergency room. In order to preserve physical evidence you should not wash, comb or clean any part of your body, or change clothes. Physical Evidence of a sexual assault should be collected within 72 hours of the assault.
•The Complainant may request interim changes to academic courses and living arrangements after violence and sexual misconduct occurs. The Title IX coordinator will involve only the parties necessary to facilitate changes.
•The Complainant may have one advisor throughout the student conduct process, including meetings with the Title IX Coordinator and disciplinary hearings. The advisor may not also be a witness. The advisor cannot actively participate or directly communicate with anyone other than the Complainant during meetings or hearings.
•The Complainant has a right to request issuance of a campus “no contact order,” to prohibit the Respondent from having contact of any kind (including electronic contact or contact from third parties acting on the Respondent student’s behalf).
•The College will make reasonable efforts to protect confidentiality, within the parameters of FERPA (Family and Education Privacy Act of 1974) and the College conduct process.
•The Complainant is afforded the right to be updated on the investigation and informed of its progress and outcomes.
•The College will not consider the prior, sexual behavior or history of the Complainant with other individuals, or their engagement in under-age drinking in any investigation of sexual misconduct.
•Before a hearing, the Complainant is allowed to inform the hearing officer of relevant witnesses the Complainant wishes to include at the hearing and what the witnesses plan to testify.
•Before a hearing, the Complainant may also meet with a hearing officer to discuss hearing procedures.
•During a hearing the Complainant has the right to give opening and closing statements and submit questions to the panel to be answered by witnesses or Respondent.
•Outcome of any decision within (7) seven business days of the date on the decision letter or as prescribed in the appropriate handbook (Student, Faculty, or Staff).
•A Complainant has the right to be assisted by campus authorities in notifying law enforcement authorities if the complaint so chooses and requests assistance.
•A Complainant has the right to decline to notify such authorities.
•A Complainant has the right to simultaneously file both a criminal complaint and an institutional Title IX complaint.
•A Complainant has the right to decline to file an institutional Title IX complaint.
•A Complainant has the right to copy of the institutional Title IX and VAWA policy.

Respondent’s Rights
•The College will provide a timely and thorough investigation, and will treat the Respondent with respect throughout the student conduct process. Every effort will be made to resolve cases of violence or sexual misconduct within 60 days of reporting.
•The Respondent will be informed of the College’s conduct process, including options for appealing any final determination. The College will also inform the Respondent of available counseling services, medical services, mental health services, and other campus and off campus resources, to assist with the process.
•The Respondent may have one advisor throughout the student conduct process, including meetings and hearings. The advisor may not also be a witness. The advisor cannot actively participate or directly communicate with anyone other than the Respondent during meetings or hearings.
•The College will make reasonable efforts to protect confidentiality, within the parameters of FERPA (Family and Education Privacy Act of 1974) and the College conduct process.
•The Respondent is afforded the right to be updated on the investigation and be informed of the outcomes of the process.
•Prior to a hearing, the Respondent is allowed to inform the hearing officer of relevant witnesses the Respondent wishes to include at the hearing and to what the witnesses plan to testify.
•During the hearing, the Respondent has the right to give opening and closing statements and ask question of the witnesses and the Complainant, through the hearing officer. The Complainant and Respondent will not be permitted to directly question each other and are not required to be present together at any point during the process, including the hearing.
•The respondent has the right to timely notice of hearing as addressed in the Student Handbook. The Respondent may waive the period of notice if desired.
•Once a decision has been rendered as to a complaint of violence or sexual misconduct, the Complainant will be notified at the same time as the Respondent.
•Either party can appeal the decision within (7) seven business days of the date the decision letter.
•Respondent has the right to copy of the institutional Title IX and VAWA policy.