Rights & Options

The alleged victim and the respondent have the right to be treated with respect, dignity, and sensitivity throughout the process.
Students, faculty or staff who are parties to a complaint have a right to a prompt, thorough, equitable and fair review process.
The alleged victim and respondent have a right to be heard.
In sexual assault cases, the alleged victim has the right to choose which course of action he/she wishes to take in addressing his/her grievance. An alleged victim may elect to initiate action through the University’s prescribed method for handling Sexual Misconduct cases and/or the criminal justice system. Staff or faculty choosing to file a grievance may pursue a course of action through the Human Resources Equal Employment Opportunity process and/or the criminal justice system.
The alleged victim has the right to make a report to a privileged employee. A privileged employee is one who is employed by the University as a licensed counselor, or healthcare professional.
The alleged victim or complainant has a right to file his/her complaint with the United States Department of Education Atlanta Office of Civil Rights by calling (404) 974-9406 or emailing OCR.Atlanta@ed.gov.
The alleged victim and the respondent have the right to be informed of campus and community support services such as counseling, health, advocacy, legal assistance and other services.
Students, faculty or staff who are parties to a complaint have a right to have the complaint reviewed through a process which is administered by persons who receive annual training regarding how to conduct an impartial investigation and review that protects the safety of the alleged victim and assures fairness and due process to the respondent.
Cases involving sexual misconduct in any form, including but not limited to, dating violence, domestic violence, or stalking will be evaluated using a preponderance of the evidence standard. The standard takes into account the weight of the evidence presented by both parties. Having heard, viewed and/or read evidence presented by both parties, the Title IX Coordinator or hearing panel decides whether it is “more likely than not” that the incident did or did not occur.
The alleged victim and the respondent have the right to be informed of and receive a copy of the grievance process.
If a grievance is filed, the alleged victim and respondent have a right to a copy of all available evidence including documents, statements or printed evidence before the hearing.
The alleged victim and the respondent will have the right to review his/her own statement and to make written comments regarding what has been recorded. An addendum may be added to the report prior to sending the file to the Title IX Coordinator for processing.
The alleged victim and respondent have a right to present any relevant evidence on his/her behalf including witnesses, written/electronic statements and documentation. Each party will provide the names and contact information for their witnesses. Reasonable attempts will be made to contact the witnesses.
The alleged victim and the respondent have a right to select an advisor/advocate of his/her choice and to have that person available for support during the student conduct proceeding. However, the advisor/advocate shall be present solely for support and consultation, and shall not be permitted to speak on behalf of the student.
The alleged victim and the respondent have the right to receive writteor electronic notice of any meeting or hearing they are required to or are eligible to attend.
The alleged victim and the respondent have the right to ask questions of the Title IX Coordinator and via the decision maker indirectly request responses from other parties and any other witnesses present.
The alleged victim and the respondent have the right to make an impact statement prior to the hearing panel issuing any sanction(s).
The alleged victim and respondent have the right to be simultaneously informed in writing of the outcome of the disciplinary proceeding including any sanction(s). Family Education Rights and Privacy Act (FERPA) does not prohibit the alleged victim from receiving information about the outcome of the disciplinary proceedings including any sanction(s).
A student who reports having been under the influence of alcohol or drugs at the time he or she was sexually assaulted may be granted amnesty from University alcohol and drug related sanctions. Generally, the admission of alcohol or drug use will not adversely affect him/her in the University disciplinary proceedings nor will it be voluntarily reported to law enforcement. However, students may be referred to Albany State University Counseling & Student Disability Services for a drug and alcohol assessment and education. In cases where repeated violations of the University drug and alcohol policy are at issue, the Title IX Coordinator reserves the right to take judicial action on a case by case basis. The amnesty policy does not provide protection from legal charges which a student may be facing because of his/her involvement with illegal drugs or alcohol.
The alleged victim and respondent have a right to be informed of the various sanctions which may be imposed if the respondent(s) is found responsible for an incident of sexual violence, domestic violence, dating violence or stalking. Sanctions may range from fines to expulsion depending on the circumstances specific to the complaint. Faculty or staff found responsible for sexual violence, dating violence, or stalking will be subject to discipline up to and including written reprimand, suspension, demotion or termination. Also, please note that the respondent may be subject to criminal and civil penalties under federal and state law.
The alleged victim and respondent may have the right to appeal a decision.
The alleged victim, the respondent and other persons who are in any way involved in the grievance process have a right to be free from retaliation, intimidation, threats and coercion which may be committed by any party, anyone acting on behalf of any party or on behalf of the University.
Following the report of an incident, if it is determined that there is a continued threat to the alleged victim or to the health and safety of any campus community member, interim measures may be implemented to ensure safety and to avoid an ongoing hostile environment. The interim measures shall be in place as long as necessary and shall be disclosed only to those with a legitimate need to know.
The respondent has the right to have unrelated charges and cases investigated separately, but he/she may consent to having the charges aggregated.
During the investigation and adjudication of the matter, the respondent has a right to remain silent with any adverse inference resulting. However, if the respondent chooses to remain silent, the investigation and adjudication may ultimately still proceed.
The parties have the right to be informed in advance of any public release of information regarding the incident. Further, the parties have the right not to have any personally identifiable information released to the public without his/her consent.
The parties have a right to regular updates on the status of the investigation and/or resolution.
The parties have a right to the preservation of privacy to the extent permissible by law.
The parties have the right to request recusal of any person involved in the investigation or adjudication of the complaint on the basis of bias.
The alleged victim have the right to provide evidence by means other than being in the room with the responding party.

For more information, please contact: Kimberly Carter, Equity & Compliance Director / Title IX Coordinator
at (229) 500-3304 or e-mail kimberly.carter@asurams.edu.