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respondent's rights

 

If you have been accused of sexual misconduct, do not contact the alleged victim. 

If you have been accused of sexual misconduct and are unsure what to do, contact the Title IX Coordinator, Dr. Sabrina Crowder, at (334) 229-4156, title9@alasu.edu 

The Title IX Coordinator can explain the University reporting procedures and the Title IX investigation process. For further information on the disciplinary process, visit the Student Affairs webpage to review the Gender Based Misconduct policy and Student Pilot: 

You can also receive counseling assistance on campus from the Counseling Center at (334) 229-4382. 

Sexual misconduct is a violation of ASU policy and may also be a criminal offense.  The Title IX Coordinator, or designated investigator, will conduct an investigation to determine whether a policy violation has occurred using a preponderance of the evidence standard of proof. This process is separate from a police or criminal investigation. 

A student or employee found guilty of sexual misconduct, stalking, dating/domestic violence, etc. will be subject to discipline in accordance with ASU disciplinary procedures and may also be subject to prosecution pursuant to Alabama criminal statutes. 

Follow any and all “No Contact Orders” and/or other directives from University officials and the police. Failure to do so could result in disciplinary action, including dismissal. 

Rights of the Respondent 

The alleged respondent has similar rights to the complainant. The University will provide a timely and thorough investigation, and will treat the alleged respondent with respect before, during, and after the student conduct process. 

The alleged respondent will be informed of the University’s conduct process and possible outcomes. The University will also inform the alleged violator of available resources, including counseling services, and other campus and off campus resources to assist with the process. 

The alleged respondent has the right to have one advisor throughout the student conduct process, including meetings and hearings. The advisor may not be a witness in the case. In meetings with Judicial Services or in a hearing, the advisor may not participate directly and may only communicate with the alleged respondent via whispers or writing notes. 

The University will make reasonable efforts to protect confidentiality, within the parameters of FERPA (Family and Education Privacy Act of 1974), HIPAA (Health Insurance Portability and Accountability Act of 1996), and the University conduct process. 

The alleged 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 alleged respondent is allowed to inform the hearing officer of relevant witnesses the alleged respondent wishes to include at the hearing and to what the witnesses plan to testify. 

Prior to a hearing, the alleged respondent may also meet with a hearing officer to discuss hearing procedures. 

During a hearing, the alleged respondent has the right to give opening and closing statements and ask questions of the witnesses and complainant, via a hearing officer. 

The alleged respondent has the right to timely notice of a hearing as indicated in the Student Code of Conduct. The alleged respondent may waive the period of notice if desired.