Complainant Rights

Student Employee Non-Student / Non-Employee

Student

You have the right to...

Receive support from the University in obtaining counseling or other support, including access to Eastern Washington University Counseling and Psychological Services (CAPS) who provides free confidential counseling for students
Know what the Respondent has said in response to the allegation against them. You have a right to review any evidence obtained from the Respondent
Review the investigative report at the conclusion of the investigation. You may be provided a copy of the investigative report or you may request a copy of the investigative report if it was not provided to you
Select a support person to be with you throughout the entire process. The support person can be a friend, family member, attorney or advocate as long as they are not a person you would like to be interviewed as a witness
Be aided by the University, with supportive measures as appropriate, in obtaining a learning and working environment that is safe and secure
Be informed by University officials of options to contact proper law enforcement authorities, including University and local police, and the option to be assisted in contacting police by University Officials to file case or to respond to claims
Be informed by University officials of options to pursue a complaint through the University's investigatory and disciplinary process or to respond to complaints
Be informed of the nature, rules and procedures of the University's investigatory and disciplinary processes and to be provided copies of applicable university policies and procedures
Investigation and resolution of all credible complaints made in good faith to University officials
Be treated with respect by University officials throughout the process
Have an advisor present during investigative meetings and hearings consistent with WAC 172-121-105 if you are a student. If you do not have an advisor, the university will provide you with one.
Be free of retaliation
Request removal of any investigator or hearings examiner to be removed on the basis of bias and/or conflict of interest
Have the opportunity to participate in the process
Be informed of the outcome/resolution of the complaint, any sanctions imposed, and the rationale for outcome, when permissible
Appeal the findings and/or outcomes of any disciplinary proceedings pursuant to the Student Conduct Code when respondent is a student, and pursuant to applicable CBA provisions when the respondent is an employee

Supportive Measures

Once you report an incident of sexual misconduct, you have the right to receive immediate supportive measures. The supportive measures can include academic modifications (request a class change, request a make-up assignment, request an excused absence), housing modifications (request dorm change), requesting a no contact order preventing the Respondent from contacting you.

Right to a Fair, Impartial and Prompt Investigation

You have the right to have a fair and impartial investigation free from bias. An investigator / conduct officer will be assigned to investigate / manage your complaint. The investigator / conduct officer will ensure you are provided equal and unbias treatment throughout the process. The investigation should be prompt and conducted in compliance with policy.

Employee

You have the right to...

Receive support from the University in obtaining counseling or other support, including access to Employee Assistance Program (EAP) who provides free confidential counseling for employees
Know what the Respondent has said in response to the allegation against them. You have a right to review any evidence obtained from the Respondent
Review the investigative report at the conclusion of the investigation. You may be provided a copy of the investigative report or you may request a copy of the investigative report if it was not provided to you
Select an advisor to be with you throughout the entire process. The support person can be a friend, family member, attorney or advocate. This person will play a critical role during the hearing. If you do not have an advisor, you have the right to request that the university provide you with one.
Be aided by the University, with interim measures as appropriate, in obtaining a working environment that is safe and secure
Be informed by University officials of options to contact proper law enforcement authorities, including University and local police, and the option to be assisted in contacting police by University Officials to file case or to respond to claims
Be informed by University officials of options to pursue a complaint through the University’s investigatory and disciplinary process or to respond to complaints
Be informed of the nature, rules and procedures of the University’s investigatory and disciplinary processes and to be provided copies of applicable university policies and procedures
Investigation and resolution of all credible complaints made in good faith to University officials
Be treated with respect by University officials throughout the process
Have confidentiality to the extent permitted by Eastern Washington University Policy 402-01—Discrimination, Sexual Harassment, Sexual and Interpersonal Violence
Be free of retaliation
Request removal of any investigator or hearings examiner to be removed on the basis of bias and/or conflict of interest
Have the opportunity to participate in the process
Be informed of the outcome/resolution of the complaint and the rationale for outcome
Appeal the findings and/or outcomes of any disciplinary proceedings pursuant to EWU Policy 402-05 (Title IX Investigations & Hearings)

Supportive Measures

Once you report an incident of sexual misconduct, you have the right to receive immediate supportive measures. These measures are available to you regardless of whether you file a formal complaint. Supportive measures can include workplace modifications (request a schedule change or workplace location change), requesting a no contact directive preventing the Respondent from contacting you.

Right to a Fair, Impartial and Prompt Investigation

You have the right to have a fair and impartial investigation free from bias. An investigator will be assigned to investigate / manage your complaint. The investigator will ensure you are provided equal and unbias treatment throughout the process. The investigation should be prompt and conducted in compliance with policy.

Non-Student / Non-Employee

You have the right to...

Be informed by University officials of options to contact proper law enforcement authorities, including University and local police, and the option to be assisted in contacting police by University Officials to file case or to respond to claims
Know what the Respondent has said in response to the allegation against them. You have a right to review any evidence obtained from the Respondent
Review the investigative report at the conclusion of the investigation. You may be provided a copy of the investigative report or you may request a copy of the investigative report if it was not provided to you
Select a support person to be with you throughout the entire process. The support person can be a friend, family member, attorney or advocate.
Be informed by University officials of options to pursue a complaint through the University’s investigatory and disciplinary process or to respond to complaints.
Be informed of the nature, rules and procedures of the University’s investigatory and disciplinary processes and to be provided copies of applicable university policies and procedures
Investigation and resolution of all credible complaints made in good faith to University officials
Be treated with respect by University officials throughout the process
Have confidentiality to the extent permitted
Be free of retaliation
Request removal of any investigator or hearings examiner to be removed on the basis of bias and/or conflict of interest
Have the opportunity to participate in the process
Be informed of the outcome/resolution of the complaint, any sanctions imposed, and the rationale for outcome, when permissible
Appeal the findings and/or outcomes of any disciplinary proceedings pursuant to the Student Conduct Code when respondent is a student, and pursuant to applicable CBA provisions when the respondent is an employee

Right to a Fair, Impartial, and Prompt Investigation

Supportive Measures for Complainants

If you have been subjected to sexual misconduct or interpersonal violence, EWU will offer you supportive measures. Supportive measures are available regardless of whether or not you wish to file a formal complaint or report an incident to the university or law enforcement. Requests for supportive measures should be made to the Student Care Team or Title IX Coordinator. Supportive measures may be in place before a complaint is filed, during the investigation and decision-making process, and/or after the final determination of responsibility.

Supportive measures are provided by EWU free of charge and may include, but are not limited to, safety planning with EWU, mutual restrictions on contact between the parties, academic or workplace modifications, leaves of absence, increased security, counseling options on campus or through the Employee Assistance Program, campus housing modifications, and interim restrictions. The purpose of a supportive measure is to provide an equitable process for both the complainant and respondent that minimizes the possibility of a hostile environment on campus. Supportive measures are confidential and will only be shared with those people who need to know such information to enable EWU to provide the supportive measures.