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o Failure to appear at the Board conference is deemed a waiver to the right to timely and equal access to information used during the complaint resolution process;
o Board members may properly consider as evidence of violation that the Respondent has refused to cooperate in the investigation if there is other information to support the alleged policy violation;
• Preservation of privacy, to the extent possible and allowed by law;
• Access to support from the counseling center staff and the college chaplain’s office. Complainant has the following additional rights:
• Implementation of interim measures and additional remedies that reduce the burden on Complainant but do not unduly burden or prejudice Respondent;
• To request that the Title IX Coordinator evaluate the need for interim measures and additional remedies;
• Notice that the Title IX Coordinator has determined the college must act on information received in cases
where the Complainant has requested confidentiality or that the college not take action;
• To provide information at any step of the procedures outlined in this Policy outside the presence of the Respondent.
Respondent has the following additional rights:
• An investigation into the allegations that for the basis for the college’s imposition of interim measures and additional remedies;
• To waive Sexual Misconduct Board proceedings by accepting responsibility for the alleged violation prior to, or during the course of, an investigation.
Securing Witnesses
Investigators are authorized to contact any relevant individuals to request that they participate in the investigation, including responding to requests for additional information from the Sexual Misconduct Board.
Pledge of Honesty; Malicious and False Accusations
All witnesses to an investigation, including the parties, shall pledge in writing to present honest testimony. A student who does not present honest testimony may be formally accused of lying as an Honor Code violation. Filing a formal complaint (for Complainant) or denying responsibility (for Respondent) will not in itself subject the party to an Honor Code charge for lying, regardless of the Board’s determination whether a policy violation occurred. An allegation which is both false and brought with malicious intent is a violation of the Honor Code.
Pledge of Confidentiality
All aspects of the complaint resolution process shall be confidential, including information provided as part of the process, and all persons participating in the complaint resolution process shall pledge in writing to maintain in confidence all matters presented in the process. Provided, however:
• The college is authorized to disclose information as set forth in this policy;
• Parties may disclose information to their advisors and other personal support persons (e.g., family
members, counselors or physicians, spiritual advisors) and legal counsel;
• The confidentiality pledge does not extend to information that an individual has a legal right to disclose.
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