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Fairness

In any Title IX investigation, we are committed to respecting the rights of both the reporting party (“the accuser”) and the responding party (“the accused”). Our process aims to foster an equitable learning and working environment, and the process can only do that by being equitable itself. Below are lists of rights for both the reporting party and the responding party in our Title IX process. These rights are explicitly stated in our policy, in Section 2.8, Subsection K (starting on page 38), and Title IX administrators are available to answer any questions or concerns about the parties’ rights.

Reporting Party's Rights
  • The right to investigation and appropriate resolution of all credible allegations of sexual misconduct or discrimination made in good faith to Oklahoma City University officials; 
  • The right to be informed in advance of any public release of information regarding the incident; 
  • The right not to have any personally identifiable information released to the public, without their consent; 
  • The right to be treated with respect by Oklahoma City University officials; 
  • The right to have Oklahoma City University policies and procedures followed without material deviation; 
  • The right not to be pressured to mediate or otherwise informally resolve any reported misconduct involving violence, including sexual violence; 
  • The right not to be discouraged by Oklahoma City University officials from reporting sexual misconduct or discrimination to both on-campus and off-campus authorities; 
  • The right to be informed by Oklahoma City University officials of options to notify proper law enforcement authorities, including on-campus and local police, and the option to be assisted by campus authorities in notifying such authorities, if the reporting party so chooses. This also includes the right not to be pressured to report, as well; 
  • The right to have reports of sexual misconduct responded to promptly and with sensitivity by campus law enforcement and other campus officials; 
  • The right to be notified of available counseling, mental health, victim advocacy, health, legal assistance, student financial aid, visa and immigration assistance, or other student services, both on campus and in the community; 
  • The right to a campus no contact order (or a trespass order against a non-affiliated third party) when someone has engaged in or threatens to engage in stalking, threatening, harassing or other improper behavior that presents a danger to the welfare of the reporting party or others; 
  • The right to notification of and options for, and available assistance in, changing academic and living situations after an alleged sexual misconduct incident, if so requested by the reporting party and if such changes are reasonably available (no formal report, or investigation, campus or criminal, need occur before this option is available). Accommodations may include: 
    • Change of an on-campus student’s housing to a different on-campus location; 
    • Assistance from University support staff in completing the relocation; 
    • Transportation accommodations; 
    • Arranging to dissolve a housing contract and pro-rating a refund; 
    • Exam (paper, assignment) rescheduling; 
    • Taking an incomplete in a class; 
    • Transferring class sections; 
    • Temporary withdrawal; 
    • Alternative course completion options. 
  • The right to have Oklahoma City University maintain such accommodations for as long as is necessary, and for protective measures to remain confidential, provided confidentiality does not impair the institution’s ability to provide the accommodations or protective measures; 
  • The right to be fully informed of campus policies and procedures as well as the nature and extent of all alleged violations contained within the report; 
  • The right to ask the investigators to identify and question relevant witnesses, including expert witnesses; 
  • The right to review all documentary evidence available regarding the report, subject to the privacy limitations imposed by state and federal law, at least 48 hours prior to the hearing; 
  • The right to be informed of the names of all witnesses who will be called to give testimony, at least two (2) days prior to the hearing, except in cases where a witness’s identity will not be revealed to the responding party for compelling safety reasons (this does not include the name of the reporting party, which will always be revealed); 
  • The right not to have irrelevant prior sexual history admitted as evidence; 
  • The right to regular updates on the status of the investigation and/or resolution; 
  • The right to have reports heard by hearing and appeals officers who have received at least eight hours of annual sexual misconduct training; 
  • The right to a panel that is not single-sex in its composition, if a panel is used; 
  • The right to preservation of privacy, to the extent possible and permitted by law; 
  • The right to meetings, interviews and/or hearings that are closed to the public; 
  • The right to petition that any Oklahoma City University representative in the process be recused on the basis of demonstrated bias and/or conflict of interest; 
  • The right to bring a victim advocate or advisor of the reporting party’s choosing to all phases of the investigation and resolution proceeding; 
  • The right to provide evidence by means other than being in the same room with the responding party; 
  • The right to have the university compel the participation of student, faculty and staff witnesses, and the opportunity (if desired) to ask questions, directly or indirectly, of all present witnesses [including the responding party], and the right to challenge documentary evidence; 
  • The right to be present for all testimony given and evidence presented during any resolution-related hearing; 
  • The right to submit an impact statement in person or in writing to the hearing officers following determination of responsibility, but prior to sanctioning; 
  • The right to be promptly informed of the outcome and sanction of the resolution process in writing, without undue delay between the notifications to the parties; 
  • The right to be informed in writing of when a decision by Oklahoma City University is considered final, any changes to the sanction to occur before the decision is finalized, to be informed of the right to appeal the finding and sanction of the resolution process, and the procedures for doing so in accordance with the standards for appeal established by Oklahoma City University. 
Responding Party's Rights
  • The right to investigation and appropriate resolution of all credible reports of sexual misconduct and/or discrimination made in good faith to Oklahoma City University administrators; 
  • The right to be informed in advance, when possible, of any public release of information regarding the report; 
  • The right to be treated with respect by Oklahoma City University officials; 
  • The right to have Oklahoma City University policies and procedures followed without material deviation; 
  • The right to be informed of and have access to campus resources for medical, health, counseling, and advisory services; 
  • The right to timely written notice of all alleged violations, including the nature of the violation(s), the applicable policies and procedures and possible sanctions; 
  • The right to a hearing on the report, including timely notice of the hearing date, and adequate time for preparation; 
  • The right to review all documentary evidence available regarding the report, subject to the privacy limitations imposed by state and federal law, at least two (2) days prior to the hearing; 
  • The right to be informed of the names of all witnesses who will be called to give testimony, at least two (2) days prior to the hearing, except in cases where a witness’s identity will not be revealed to the responding party for compelling safety reasons (this does not include the name of the reporting party, which will always be revealed); 
  • The right not to have irrelevant prior sexual history admitted as evidence in a campus resolution process; 
  • The right to have reports heard by hearing and appeals officers who have received at least eight hours of annual training; 
  • The right to petition that any Oklahoma City University representative be recused from the resolution process on the basis of demonstrated bias and/or conflict of interest; 
  • The right to a panel that is not single-sex in its composition, if a panel is used; 
  • The right to meetings, interviews, and hearings that are closed to the public; 
  • The right to have Oklahoma City University compel the participation of student, faculty and staff witnesses, and the opportunity to ask questions, directly or indirectly, of all present witnesses, and the right to challenge documentary evidence; 
  • The right to have an advisor of their choice to accompany and assist in the campus resolution process; 
  • The right to a fundamentally fair resolution, as defined in these procedures; 
  • The right to submit an impact statement in person or in writing to the hearing officers board following any determination of responsibility, but prior to sanctioning; 
  • The right to a decision based solely on the evidence presented during the resolution process. Such evidence shall be credible, relevant, based in fact, and without prejudice; 
  • The right to be promptly informed of the outcome and sanction of the resolution process in writing, without undue delay between the notifications to the parties; 
  • The right to be informed in writing of when a decision of the Oklahoma City University is considered final, any changes to the sanction to occur before the decision is finalized, to be informed of the right to appeal the finding and/or sanction of the resolution process, and the procedures for doing so in accordance with the standards for appeal established by Oklahoma City University.