Rutgers University Responding Party Rights

The University is committed to providing accessible, prompt, thorough and fair methods of investigation and resolution of incidents reported under this Policy to all University students. To this end, both the Complainant and Respondent are entitled to the following rights throughout the investigation and hearing processes set forth in this Policy, subject to the terms of this Policy.

1. To be treated with dignity by all persons involved in the investigation and disciplinary process.
2. To a prompt and thorough investigation of the allegations.
3. To a fair hearing.
4. To equal access to information, evidence and University resources, including information pertaining to counseling services.
5. To information about this Policy.
6. To participate or to decline to participate in the investigation or hearing process.
7. To have an advisor of their choosing present at all meetings and hearings.
8. To written notice of all meetings and hearings, including the time and place. Proper written notification shall be defined as delivery of mail to a student’s local or permanent address, as reported by the student to the University Registrar, or an e-mail message sent to the email account established as his or her official e-mail. Students shall be held responsible for the contents of mail sent to reported addresses and e-mail messages sent to their established e-mail accounts. Students have the responsibility for providing the University with current addresses, e-mail addresses, and phone numbers.
9. To present information and/or witnesses on their behalf during the investigation and hearing process. The relevancy of witnesses shall be determined by the Title IX Coordinator or their designee during the investigation phase, and by the Hearing Officer during the hearing phase.
10. To choose not to present information against themselves. Students do not have to speak at any meeting, conference or hearing and no negative inference will be made should a student choose not to speak.
11. To hear and respond to all information presented against them.
12. To one (1) written copy of the investigation report stating the allegations, information gathered from all parties and witnesses, and the Title IX Coordinator’s determination as to whether the information gathered could constitute a violation of this Policy.
13. To adequate time to review the investigation report and any evidence that will be presented to the Hearing Officer.
14. To notice of the charges (including what prohibited conduct is at issue) that will be presented to the Hearing Officer and reasonable notice of the date and time of the hearing.
15. To have any unrelated past behavior excluded from the investigation and disciplinary process, as determined by the Title IX Coordinator or Hearing Officer.
16. To submit written materials to the Hearing Officer relevant to the sanction decision, which may include a written impact statement by the Complainant and a statement of mitigating factors by the Respondent.
17. To be free from intimidation, harassment, bullying, or any other form of retaliation throughout the investigation and disciplinary process.
18. To written notification of the results of the hearing or other case resolution, including any sanctions imposed.
19. To be informed of their right to appeal and of the process for doing so.
20. To written notification of the outcome of any appeal.
21. To privacy throughout the investigation and disciplinary process with respect to campus and other media, and from all other uninvolved parties.
22. To an opportunity to challenge the investigator(s), Title IX Coordinator, Hearing Officer, Appeals Officer or any other staff or administrator involved in the investigation, hearing or appeal process for a possible conflict of interest.
23. To understand that information collected in the process may be subpoenaed in criminal or civil proceedings.
24. To have reasonable steps taken to prevent any unnecessary or unwanted contact with the other party(ies) during the investigation and hearing process.

Campus Advisors for Responding Parties

The Complainant and Respondent, respectively, may be accompanied to any meeting or hearing under the Student Policy by an advisor of their choice. An advisor may be a friend, family member, lawyer or other individual of the student’s choosing.

Advisors may support the student and provide advice about the investigation and disciplinary process. During meetings and hearings, the advisor may talk quietly with the student or pass notes in a non-disruptive manner. The advisor may not intervene in a meeting or hearing or address the investigator or Hearing Officer, including by questioning witnesses or making objections. Failure to comply with these mandates may result in the advisor being removed from, or prohibited from attending, any investigatory meetings and/or the hearing.

It is the responsibility of the student to make sure their advisor is present at meetings and hearings. Advisor availability shall not be sufficient grounds for postponing meetings or hearings.

The list of available campus advisors can be found here:

Campus Advisor List

Title IX Campus Advisors List