Appendix A: Rights of the Parties

Respondents have the right to be, and will be, presumed not responsible for the alleged conduct until a determination regarding responsibility is made at the conclusion of the grievance process.

Additionally, both complainants and respondents have the right to:

  • A fundamentally fair resolution as defined in the Sexual Harassments and Other Sexual Misconduct Grievance Process;
  • Have their matter handled in a forthright and timely manner and to be treated with respect by Ohio University officials;
  • Regular updates on the status of the grievance process;
  • Have University Policy 03.004: Sexual Harassment and Other Sexual Misconduct and its related Process followed without material deviation;
  • The preservation of privacy, to the extent possible and permitted by law;
  • Petition to request that any Ohio University representative participating in the grievance process be recused on the basis of demonstrated bias and/or conflict of interest;
  • Be informed of supportive measures, as available and appropriate and without fee or charge, whether a formal complaint has or has not been filed, and to have supportive measures remain private, provided privacy does not impair Ohio University’s ability to provide them and as permitted by law;
  • Request reasonable accommodations due to disability;
  • Timely written notice of all alleged violations, including the identity of the parties involved (if known), the precise misconduct being alleged, the date, time, and location of the alleged misconduct (if known); the implicated policies and procedures, and possible sanctions;
  • Timely written notice of any material adjustments to the allegations (e.g., additional incidents or allegations, additional complainants) and any adjustments needed to clarify potentially implicated policies;
  • Not participate in the grievance process with the understanding that it may proceed without their participation;
  • Have an advisor of their choice, who may be, but is not required to be, an attorney, present during any meetings, interviews, or hearings. The role of the advisors is outlined in Appendix B;
  • Have an advisor appointed to them by the University, if they do not have one, for the purpose of questioning the other party and witnesses during the hearing;
  • Have up to two support people present during any meetings or interviews that may occur as part of the grievance process. Support people may not be present at the hearing and may not be witnesses in the matter;
  • Receive written advance notice of any meetings in which they are entitled to participate and the purpose of those meetings;
  • A fair opportunity to provide the investigators with a statement regarding their account of the alleged misconduct and to have that statement be on the record;
  • Provide relevant evidence and information as part of the investigation;
  • Ask the investigators to identify and question relevant witnesses, including expert witnesses;
  • Know the names of all witnesses that are contacted as part of the investigation;
  • Provide the investigators with a list of questions to be asked of the other party and witnesses, if deemed relevant by the investigators;
  • Secure electronic access to the draft investigative report and directly related evidence, made available to the parties and their advisors for a ten-business-day review and comment period, so that each party may meaningfully respond to the evidence in writing;
  • Secure electronic access to the final investigative report at least ten business days prior to a hearing, as well as access to any directly related evidence that was not deemed relevant and therefore was not included in the report;
  • Speak or not speak during the grievance process, with the understanding that choosing not to participate in the hearing may result in the hearing panel being unable to consider statements made by the party during the investigation;Question the other party and witnesses that participate in the hearing through their advisor;
  • Be present, either in person or via video technology, during all testimony given and evidence presented during the hearing;
  • Have the preponderance of the evidence applied as the standard of proof in making a finding after an objective evaluation of all relevant evidence;
  • Have the opportunity to submit a written impact statement for consideration by the hearing panel after a determination of responsibility for any allegations and prior to determining sanctions:
  • Promptly receive a written notice of outcome containing the finding and any sanction imposed, as well as a detailed rationale for the decision, including an explanation of how credibility was assessed, delivered simultaneously to the parties;
  • File a written appeal to be reviewed and decided by an appeal officer; and
  • Be informed in writing when a decision by Ohio University is considered final and of any changes to the sanction(s), if any, made before the decision is finalized.