Rights of Victims

The victim’s rights include, but are not necessarily limited to, the following:

The right to withdraw a complaint. If the victim decides to exercise his/her right, the process may continue and a decision be made based on the remaining evidence. The individual will be made aware of the results of the investigation/hearing regardless of their willingness to participate.

The right to confer with an advocate of not more than one person to be chosen by the victim from the Spalding University campus community (student, faculty, or staff member) to help prepare information to present at the hearing. This advocate may be present at the hearing, but only to answer questions that the victim may have during the course of the proceedings. The advocate may not speak at the hearing unless specifically requested to do so by the chairperson of the hearing panel.

The right to make his or her statement without being in the presence of the accused in the hearing.

The right to make a “Victim Impact Statement,” which is an oral statement that describes the effect that the incident has had on the victim emotionally or physically.

The right to not have his or her past sexual history with other persons other than the accused discussed during the hearing.

The right to call witnesses (other than character witnesses) to testify at the hearing. However, the hearing panel may establish a reasonable limit to the number of witnesses. The victim has the right to have prior, irrelevant sexual behavior or history excluded from the hearing.

The right to read the written statements of all involved.

The right to have witnesses (other than character witnesses) submit written statements.

The right to withdraw a complaint at any time prior to the imposition of sanctions.

The right to appeal the decision according to the regular judicial procedures.