Respondent Rights

• The right to be treated with respect, dignity, and sensitivity by University officials throughout the entire campus conduct process.
• The right to be fully informed of the nature, rules, and procedures of the campus conduct process and to receive timely written notice of all alleged violations within the complaint, including the nature of the violation and possible sanctions.
• The right to have University policies and procedures followed without material deviation.
• The right not to have irrelevant prior sexual history used as information/materials in the hearing (as relevant to Title IX proceedings).
• The right to be informed of and have access to campus resources (e.g., student health, counseling, respondent resources).
• The right to be assisted by an advisor of his/her choice to provide support through the campus conduct process, as prescribed in The Lowdown.
• The right to privacy and protection under the Family Education Rights and Privacy Act (FERPA), as applicable.  The University will make all reasonable efforts to preserve privacy, restricting information to those with a legitimate need to know.
• The right to receive periodic updates on the progress of the campus conduct process.
• The right to be presumed not responsible until a preponderance of evidence indicates otherwise.
• The right to an investigation and appropriate resolution of all credible complaints of misconduct made in good faith to University administrators against the respondent.
• The right to participate or decline to participate in the campus conduct procedure.  However, in the absence of the respondent, the Student Conduct Administrator will determine an outcome with the information available to him/her.
• The right to have complaints heard by conduct and appeals officers who have received annual sexual misconduct adjudication training, as relevant to Title IX cases.
• The right to receive adequate written notice of the charges before the hearing as specified in The Lowdown.
• The right to a fundamentally fair hearing, processed without prejudicial delay.
• The right to written notice of the time, date, and place of the hearing.
• The right to be informed of the names of all witnesses who will be called to give testimony, within 48 hours of the hearing, except in cases where a witness’s identity will not be revealed to the respondent for compelling safety reasons, as determined by University administration [or whomever would make that call].
• The right to a hearing closed to the public.
• The right to be present at the hearing.
• The right to make an impact statement at the hearing and to have that statement considered by the University Disciplinary Committee in determining its findings and/or sanction(s).
• The right to testify on his/her behalf.
• The right to question witnesses appearing or information/materials presented against him/her according to the formal hearing procedures of the University Disciplinary Committee.
• The right to produce witnesses on his/her behalf, and to present information/materials.  The Student Conduct Administrator must have at least five (5) days of advance notice of the names of any witnesses, copies of witness statements, and all information/materials intended to be presented by the respondent.
• The right to written notice of a decision in the case including sanctions, if applicable, by the University Disciplinary Committee or hearing officer.
• The right to file an appeal as outlined in The Lowdown.
• The right to understand that information/materials collected in this process may be subpoenaed in criminal or civil proceedings.
• The University of South Alabama does not discriminate on the basis of race, color, national origin, sex (including pregnancy, sexual orientation, gender identity and gender expression), religion, age, genetic information, disability, or protected veteran status.