SECTION X

 

Provisions For Students Impacted By Acts Of Violence

When a member of the Marist community has been impacted by  an alleged act of misconduct which violates the physical, emotional, and/or mental welfare of an individual, the impacted student should expect that the student conduct system shall respond in a caring, sensitive manner which allows the impacted student to utilize the student conduct process unimpeded, while still maintaining the rights of the charged student. In cases including, but not limited to sexual misconduct, physical assault, hazing and harassment, the following rights shall be provided to impacted students of alleged offenses:

A. A impacted student has the right to be treated with dignity and compassion by the conduct body and by all persons involved in the disciplinary process.

B. A impacted student has the right to information pertaining to the campus conduct process and appropriate referrals for information on the criminal process.

C. A impacted student has the right to information pertaining to counseling assistance available to him/her.

D. A impacted student has the right to assistance throughout the conduct process, including the right to have an advisor present at all proceedings, provided that the individual is not an Attorney. (Exceptions to this rule can be found in the Code under Section VII, E, 5).

E. A impacted student has the right to all student rights and protections provided to charged students, including the right to written notification of a hearing, the right to hear all information presented, the right to present information and witnesses, the right to verbal disclosure of the results of a hearing, and the right to appeal imposed sanctions.

F.  A impacted student has the right to testify from another location as long as it does not infringe upon the rights of the charged student to have a fair hearing.

G. A impacted student has the right to have any unrelated past behavior (including past sexual behavior in cases involving sexual misconduct) excluded from the hearing process.  The conduct body shall determine what constitutes unrelated behavior.

H. A impacted student has the right to submit a written impact statement to the conduct body which will be considered only in sanctioning, should there be a finding of violation against the charged student.

I.   A impacted student has the right to privacy throughout the student conduct process in relation to campus and other media and from all other uninvolved parties.

J.  A impacted student has the right to expect to be free from intimidation  and harassment throughout the student conduct process.

K. A impacted student has the right to request that campus personnel take the necessary steps reasonably available to prevent unwanted contact or proximity with the charged student(s).

L. A impacted student has the right to appeal the sanctions imposed upon the charged student(s). For more information on the appeals process, please see Section XIII.

The Charged Student or Organization will not be permitted to directly question the Impacted Student where the alleged violations are sexual misconduct or abuse. In such cases, the Charged Student or Organization and the Impacted Student shall submit questions to the Hearing Body prior to the hearing. However, the Hearing Body shall not be required to ask those questions submitted by the Charged or Impacted Student.

Where the student conduct review process addresses an allegation of sexual misconduct or abuse, the Clery Act provides that both the Impacted Student and the Charged Student or Organization must be informed of the final outcome of the student conduct process without a commitment to protect the confidentiality of the information. The "final outcome" means only the final determination with respect to the alleged sexual misconduct or abuse and any sanction(s) that is imposed against the Charged Student or Organization. If the Impacted Student is deceased, the next of kin shall be considered as the alleged Impacted Student for purposes of this paragraph.

 

 

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