Rights of Employees

VI. Rights of Employees

DePauw strives to ensure that all Employees, whether Complainants or Respondents, are afforded the following rights:

• To be treated respectfully and equitably by University Employees and officials.

• To receive a prompt, fair, and impartial resolution process.

• To have disclosures responded to promptly and sensitively, which may include the provision of Supportive Measures and/or an investigation following a Formal Complaint.

• To have a Formal Complaint investigated appropriately, and addressed competently by trained individuals free from conflict of interest or bias.

• To have a support person or Advisor of one’s own choosing present during any meetings concerning this Policy, including the review of the case file and Decision Panel Meeting.

• To have an Advisor provided at the Decision Panel meeting if the party does not have an Advisor.

• To obtain assistance in requesting a criminal restraining order from the State if so desired.

• To receive assistance from University officials and staff with any Supportive Measures if such measures are reasonable and requested.

• To receive timely notice of a Formal Complaint and of any meetings concerning this Policy at which their presence will be requested or required, including sufficient details to prepare for such meeting.

• To be promptly notified, in writing, of decisions related to the investigation and determination regarding responsibility to the extent permitted by the law, regardless of whether or not one participates in the process.

• To have irrelevant prior sexual history and legally privileged information (unless waived by the person holding the privilege) be made inadmissible during any process to determine responsibility for prohibited conduct.

• To discuss the disclosed conduct under investigation with others to gather relevant evidence, to present witnesses and other evidence, and to ask relevant questions of the other party or Witnesses through their Advisor, during any Decision Panel Meeting.

• To have an objective evaluation of all relevant evidence – including both inculpatory and exculpatory evidence – and to have credibility determinations made without consideration of a person’s status as a Complainant, Respondent, or Witness during any process to determine responsibility for prohibited conduct.

• To receive timely and equal access to all evidence obtained as part of an investigation that is directly related to the disclosed conduct, regardless of whether the information will be relied on in reaching a determination regarding responsibility.

• To appeal the dismissal of a Formal Complaint or the outcome of an adjudication.

• To decline to answer some or all questions posed by an Investigator, Decision Panel member, or Advisor, with the qualification that such refusal to answer during a Decision Panel Meeting may impact the ability of the Decision Panel to consider any of their statements in making their determination on responsibility. 

• To be free from any form of retaliation by members of the University community.

Complainants also have the following rights:

• To not be discouraged from disclosing to the University or reporting to law enforcement, whether on-campus or off-campus, and to be supported by University Employees or officials in so doing.

• To meet with the Title IX Coordinator to discuss the availability of Supportive Measures and the process for filing a Formal Complaint, to have their wishes considered with respect to Supportive Measures, and to receive reasonably available Supportive Measures with or without the filing of a Formal Complaint.

• To submit a written statement to be considered by the Decision Panel when determining sanctions, indicating the impact the disclosed conduct has had on them and hopes they may have for disciplinary action assigned to the Respondent.

Respondents also have the following rights:

• To be presumed not responsible for the disclosed conduct until a determination regarding responsibility is made at the conclusion of a Title IX Process.

• To submit a written statement to be considered by the Decision Panel when determining disciplinary action, indicating any factors they would like the Decision Panel to take into consideration in imposing disciplinary action, if the Decision Panel finds the Respondent responsible for violating the Policy.