Rights of the Complainant and Respondent
University of the Pacific will ensure that Complainants and Respondents receive equitable information, support, and protections throughout the Resolution Process. The university is committed to delivering a fundamentally fair Resolution Process for each Complaint. Both the Complainant and Respondent have the following rights:
- The right to an equitable investigation and resolution of all credible allegations of prohibited Harassment or Discrimination made in good faith to university
- The right to timely written Notice of all alleged violations, including the identity of the Parties involved (if known), the precise misconduct being alleged, the date and location of the alleged misconduct (if known), the implicated policies and procedures, and possible Sanctions.
- The right to timely written notice of any material adjustments to the allegations (e.g., additional incidents or allegations, additional Complainants, unsubstantiated allegations) and any attendant adjustments needed to clarify potentially implicated policy violations.
- The right to be treated with sensitivity and respect by university
- The right not to be pressured to mediate or otherwise informally resolve any reported misconduct involving violence, including sexual violence.
- The right to be informed of available interim actions and supportive measures, such as counseling; advocacy; health care; legal, Student financial aid, visa, and immigration assistance; or other services, both on campus and in the community.
- The right to be informed of available assistance in changing academic, living, and/or working situations after an alleged incident of Discrimination, Harassment, and/or Retaliation, if such changes are reasonably available. No formal report, or investigation, either campus or criminal, needs to occur before this option is available. Such actions may include, but are not limited to:
- Relocating an on-campus Student’s housing to a different on-campus location
- Changing an employee’s work environment (e.g., reporting structure, office/workspace relocation)
- Transportation accommodations
- Visa/immigration assistance
- Arranging to dissolve a housing contract and a pro-rated refund
- Exam, paper, and/or assignment rescheduling or adjustment
- Receiving an incomplete in, or a withdrawal from, a class (may be retroactive)
- Transferring class sections
- Temporary withdrawal/leave of absence (may be retroactive)
- Campus safety escorts
- Alternative course completion options.
- The right to receive sufficiently advanced, written Notice of any meeting or interview involving the other Party, when possible.
- The right not to have irrelevant prior sexual history or character admitted as evidence.
- The right to know the relevant and directly related evidence obtained and to respond to that evidence.
- The right to fair opportunity to provide the Investigator(s) with their account of the alleged misconduct and have that account be on the record.
- The right to receive a copy of the investigation report, including all factual, policy, and/or credibility analyses performed, and all relevant and directly related evidence available and used to produce the investigation report, subject to the privacy limitations imposed by state and federal law, prior to the hearing, and the right to have at least ten (10) business Days to review the report prior to the hearing.
- The right to respond to the investigation report, including comments providing any additional relevant evidence after the opportunity to review the investigation report, and to have that response on the record.
- The right to be informed of the names of all witnesses whose information will be used to make a finding, in advance of that finding, when relevant.
- The right to preservation of privacy, to the extent possible and permitted by law.
- The right to meetings, interviews, and/or hearings that are closed to the public.
- The right to petition that any university representative in the process be recused on the basis of disqualifying bias and/or conflict of interest.
- The right to have an Advisor of their choice to accompany and assist the Party in all meetings and/or interviews associated with the Resolution Process.
- The right to be present, including presence via remote technology, during all testimony given and evidence presented during any formal grievance hearing.
- The right to have an impact statement considered by the Decision-maker(s) following a determination of responsibility for any allegation, but prior to Sanctioning.
- The right to be promptly informed in a written Notice of Outcome letter of the finding(s) and Sanction(s) of the Resolution Process and a detailed rationale therefor (including an explanation of how credibility was assessed), delivered simultaneously (without undue delay) to the Parties.
- The right to be informed in writing of when a decision by the university is considered final and any changes to the Sanction(s) that occurred before the decision is finalized.
Complainant and Respondent Provisions
During the Resolution Process, University of the Pacific will make every effort to provide the following for the Complainant and Respondent:
- To be informed in advance of any public release of information regarding the allegation(s) or underlying incident(s), whenever possible.
- To have any personally identifiable information protected from being released to the public without consent provided, except to the extent permitted by law.
- To have university policies and procedures followed without material deviation.
- To not be discouraged by university officials from reporting sexual misconduct or Discrimination to both on-campus and off-campus authorities.
- To be informed by university officials of options to notify proper law enforcement authorities, including on-campus and local police, and the option(s) to be assisted by university authorities in notifying such authorities, if the Party so chooses. This also includes the right not to be pressured to report, as well.
- To have allegations of violations of this Policy responded to promptly and with sensitivity by Public Safety and/or other university
- To a university–implemented no-contact order or a no-trespass order against a non-affiliated third Party when a person has engaged in or threatens to engage in stalking, threatening, harassing, or other improper conduct that presents a danger to the welfare of the Party or others.
- To have the university maintain such actions for as long as necessary and for supportive measures to remain private, provided privacy does not impair the university’s ability to provide the supportive measures.
- To have the opportunity to ask the Investigator(s) and Decision-maker(s) to identify and question relevant witnesses, including expert witnesses.
- To have the opportunity to provide the Investigator(s)/Decision-maker(s) with a list of questions that, if deemed relevant by the Investigator(s)/Chair, may be asked of any Party or witness.
- To have regular updates on the status of the investigation and/or resolution.
- To have the university compel the participation of Faculty and Staff witnesses.
- To have the university use preponderance of the evidence, to make a finding after an objective evaluation of all relevant evidence.
- To be informed of the opportunity to appeal in accordance with the standards established by the university.
Additional information on resources, policies, and procedures related to sexual harassment, sexual assault, domestic violence, dating violence, and stalking is available.