120 / 154
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VIII. Standard of Proof
The standard used in determining the responsibility of the Respondent(s) is the “preponderance
of the evidence,” standard, which is whether the evidence gathered and information provided
during the investigation supports a finding that it is more likely than not that the Respondent
violated the Policy On Sexual Misconduct.
IX. Amnesty
A Complainant who files a report of Sexual Misconduct, or a Third Party who reports or is a
witness to Sexual Misconduct will not be subject to sanctions/disciplinary action by the
University for their improper use of alcohol or drugs provided that they are acting in good faith
as a Complainant, Reporter or witness to the events. Students, whether as parties to the
proceedings or as witnesses, are expected to provide truthful testimony.
X. Advisers
Both the Complainant and Respondent are entitled to bring an adviser of their choosing to any
meeting or interview with them in connection with an Investigation. The role of the Adviser
during any meeting or interview is non-participatory. In keeping with the University’s obligation
to promptly resolve Sexual Misconduct complaints, the University reserves the right to proceed
with any meeting or interview regardless of the availability of the selected Adviser.
XI. Withdrawal of a Student Respondent During the Investigation, Review or Appeal
If a Student Respondent withdraws from the University while an Investigation, Review or
Appeal is pending, the following entry shall be made on the student's transcript: "Withdrew
while disciplinary proceedings pending." A student who withdraws while such Investigation or
proceeding is pending shall not be eligible to be readmitted to the University until the
Investigation or proceeding has been completed and the Director of Title IX Compliance has
determined that the Respondent is eligible for readmission.
XII. Sanctions (Students or Student Organizations) and Discipline (Employees)
If the Respondent is found responsible for Sexual Misconduct, the University will impose
sanctions/discipline. Sanctions/discipline will be designed to eliminate a hostile environment,
prevent further misconduct, promote safety, and deter involved students/employees from similar
future behavior. Certain behavior may be so harmful to the University community that it may
require serious sanctions, such as removal from University housing, removal from specific
courses or activities, or suspension from the University, or dismissal or termination of