Rights of Responding Party
Rights of the Responding Party when the Responding Party is a student:
- To participate in a Title IX Investigation Process that is conducted in a thorough, prompt, reliable, and impartial manner.
- To have the Investigation Process conducted by administrators who do not have a conflict of interest or bias for or against the parties and who receive annual training on the issues of sexual misconduct.
- To be treated with respect by all BYU-Idaho administrators.
- Access to campus support resources, unless banned from campus or temporarily suspended pending the completion of the Investigation process.
- To be informed in writing of the availability of interim safety measures such as issuing a no-contact directive or changing academic, employment, or living situations to separate the parties involved.
- To have an advisor of their choice attend all related meetings throughout the Investigation process.
- To receive timely notice of all related meetings to attend.
- To have made available, upon request, any information or evidence that will be used during any related meeting prior to attending that meeting.
- To not have irrelevant prior sexual history used as evidence during the Investigation process.
- If the Investigation cannot be concluded within sixty (60) days, the right to receive periodic updates at reasonable intervals regarding the status of the Investigation and cause(s) for delay.
- To have the Investigation Process resolved by a preponderance of the evidence standard (whether it is more likely than not that the University’s Sexual Misconduct Policy was violated).
- To receive notice of the outcome of the Investigation in writing (including the rationale for the outcome), and the discipline imposed by the outcome (including the rationale for any disciplinary sanction).
- To have the process and timeline for requesting a Title IX Coordinator Review to appeal the outcome and/or sanctions explained to them.
- To participate in a Title IX Coordinator Review process that is consistent with the process outlined in the University’s Sexual Misconduct Policy.
- To be free from retaliation or intimidation for participating in the Investigation Process.