You have the right to…
- A notice of investigation with the list of allegation(s). You will also be provided the opportunity to review and respond to any evidence or statements made against you.
- Review the evidence gathered during 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.
- You will have the right to select one advisor to support you throughout the entire process. The support person can be a friend, family member, attorney or advocate. For Formal Title IX Complaints, EWU will provide you with an advisor for purposes of conducting cross-examination during the hearing process.
- Receive support from the University in obtaining counseling or other support, including access to Eastern Washington University Counseling and Wellness Services (CWS) who provides free confidential counseling for students
- Be aided by the University, with supportive measures as appropriate, in obtaining a learning and working environment that is safe and secure
- 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
- Be treated with respect by University officials throughout the process
- 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 WAC 172-125 (Discrimination & Title IX Violations by Students)
Supportive Measures
Once you receive a notice of investigation alleging 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) or a housing modifications (request dorm change).
- Right to receive a notice of investigation that identifies the allegations that are being investigated.
- Right to a fair and equitable process.
- Right to have decision-makers that do not have a conflict of interest or bias against the parties.
- Right to remain silent during the investigation.
- Right to have an advisor of their choice, at their cost, during the investigation. The advisor may be, but is not required to be, an attorney or union representative. During the investigative process, the advisor may be present and advise the party, but may not answer questions on the party’s behalf.
- Right to be presumed not responsible and that a conclusion of responsibility is not made until the conclusion of the investigative process.
- Right to request an accommodation or interpreter for the process.
- Right to request supportive measures.
- Once you receive a notice of investigation alleging sexual misconduct, you have the right to receive immediate supportive measures.
Information about employee rights and the employee process is available in EWU Policy 402-05 (Discrimination & Title IX Investigations & Hearings).
If you have been identified as a respondent for allegations of sexual misconduct or interpersonal violence, you can request supportive measures from EWU. 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.
Whenever an individual is accused of a policy violation, emotional responses will differ from person to person, especially if the policy violation in question is associated with sexual misconduct. Being accused of sexual misconduct can be a painful and challenging experience. It is important to remember that your responses to these accusations are normal reactions to a difficult situation. If you are accused of sexual misconduct, you may deal with some unanticipated emotions. Below are examples of feelings you may experience:
Anger:
Anger is a common emotion whenever someone has been accused of sexual misconduct. This is an appropriate response; however, the important factor to consider when dealing with anger is how you process through the anger. There are several ways you can vent any anger you are experiencing (visit CAPS or EAP for professional and nonprofessional counseling options). Internalizing your anger could lead you to become irritable, anxious or even depressed. When dealing with anger, it is important not to resort to unhealthy manners of coping including the consumption of alcohol, the use of drugs, causing harm to yourself or others, or destructive behavior.
Fear:
Fear can take many forms. You may be experiencing fear of the unknown as the outcome of the investigation can impact your status at the university. You may also fear how those closest to you perceive you along with other members of the university community. Also, it is common to have fear of someone retaliating against you. If you feel as though you are being retaliated against, please contact Title IX Coordinator Annika Scharosch at 509.359.6724 or visit Title IX / Sexual Misconduct Complaints as soon as possible so that the retaliatory behavior can be addressed and disciplinary action can be taken if possible.
Impact on Your Daily Life:
With the emotions listed, you may feel like your daily life has been impacted. While participating in an investigation, it may become challenging to pay attention in class and follow through with your coursework. Other areas of your life that may be impacted include: sleep routine, change in appetite, and increase in anxiety and depression. Supportive Measures may be available. If you have questions regarding available Supportive Measures, please contact the Student Care Team by submitting a Student Intake Form or ICare Form.
Feeling Alone:
Being accused of sexual misconduct may cause you to feel alone since the allegation is against you. Taking on the burden of the allegation may cause you to withdraw from your support networks because you may feel like it is “your problem.” It is common for individuals who are accused to prefer not to discuss the situation with anyone for fear of embarrassment or how it may be perceived by others. However, talking with a counselor or adviser may offer assistance with processing your experiences and feelings.
All these emotions can be overwhelming and it is important to remember there are resources both on and off-campus to assist you.
- Listen from their point of view and be supportive
- Accept them as a person, even if you have questions about their behavior
- Provide an atmosphere where they can express honest feelings
- Be honest with them about how much support you can provide
- Help them generate alternatives and options for dealing with emotions and the situation
- Let them make the ultimate decision about how to respond
- Realize you may also be affected and seek counseling if necessary
- Do not offer insincere help or support
- Do not pre-judge the situation
- Remain open minded about all parties involved
- Do not assume you know how they want to be treated
- Do not break their trust by telling others what might have happened in conversation or on social media
- Recognize your own limitations No one expects you to be an expert in counseling or sexual assault; therefore, avoid making strong recommendations
- Remember that sharing details of their experience online or in person with other students could be upsetting to the accused and the one who brought the complaint, so please refrain from discussing the process with anyone other than them or the confidential resources you seek
