University of the Pacific will ensure that Complainants and Respondents receive equitable information, support, and protections throughout the Resolution Process. The university is committed to delivering a fundamentally fair Resolution Process for each Complaint. Both the Complainant and Respondent have the following rights:

Both the Complainant and Respondent have the following rights:

  1. If a crime is alleged, the right to be notified by University officials of options to notify proper law enforcement authorities, including on-campus and local police, and the option(s) to be assisted by University authorities in notifying such authorities if the Party so chooses. 
    • This also includes the right not to be pressured to Report, as well.
  2. The right to meet with the Title IX Coordinator to be provided options under the Prohibited Sex-Based Misconduct Policy and these Procedures. 
  3. The right to an equitable Investigation and resolution of all credible allegations of Prohibited Sex-Based Misconduct made in good faith to University.
  4. The right to timely written Notice of all alleged violations, including the identity of the Parties involved (if known), the misconduct being alleged, the date and location of the alleged misconduct (if known), the implicated policies and procedures and possible Sanctions.
  5. The right to timely written Notice of any material adjustments to the allegations (e.g., additional incidents or allegations, additional Complainants, unsubstantiated allegations) and any attendant adjustments needed to clarify potentially implicated Policy Violations.
  6. The right to be treated with respect, including awareness of the sensitive nature of allegations.
  7. The right to be informed in advance of any public release of information regarding the allegation(s) or underlying incident(s), whenever possible.
  8. The right to have any personally identifiable information protected from being released to the public by the University without consent provided, except to the extent permitted by law.
  9. The right not to be pressured to mediate or otherwise informally resolve any reported Prohibited Sex-Based Misconduct involving violence, including sexual violence.
  10. The right to be informed of possible interim actions and Supportive Measures and then to make a request for such action or Supportive Measure.
  11. The right to have regular updates on the status of the Investigation and/or resolution.
  12. The right to have the University use Preponderance of the Evidence, to make a finding after an objective evaluation of all Relevant evidence.
  13. The right not to have irrelevant prior sexual history admitted as evidence.
  14. The right to provide the Investigator(s) with their account of the alleged misconduct.
  15. The right to receive a copy of or access to the Investigation Report, including all factual, policy and/or credibility analyses performed; the identification of the Witnesses; and all Relevant evidence available and used to produce the Investigation Report, subject to the privacy limitations imposed by state and federal law. The right to receive a copy of or access to the other Party’s response to the Investigation Report (if any).
  16. The right to petition that any University representative in the process be recused on the basis of disqualifying bias and/or conflict of interest.
  17. The right to have an Advisor of their choice to accompany and assist the Party in all meetings and/or interviews associated with the Formal Resolution Process or Informal Resolution.
  18. If there is a hearing, the right to provide suggested questions for Parties and Witnesses, and to have these questions asked at the hearing by the chair, if deemed Relevant and helpful in assessing whether a Policy Violation occurred. 
  19. If there is a hearing, the right to be present, including via remote technology, during all testimony.
  20. Following a determination of responsibility, the right to have an impact statement considered by the Decision-Maker(s) prior to sanctioning.
  21. The right to be promptly informed in a written Notice of Outcome letter of the finding(s) and Sanction(s) of the Formal Resolution Process and a detailed rationale therefor (including an explanation of how credibility was assessed), delivered simultaneously (without undue delay) to the Parties.
  22. The right to appeal.
  23. The right to be informed in writing of when a decision by the University is considered final.

Hearing Right for Faculty and Student Respondents: Faculty Respondents, for faculty members as defined in the Bylaws of the Faculty Handbook, Article 2, Section 2.2, are entitled to a hearing under these Procedures (and these Procedures only) prior to a determination of responsibility of a Policy Violation, as it is presumed that a severe sanction is a possibility if a Policy Violation is found.

Students Respondents are entitled to a hearing under these Procedures (and these Procedures only) prior to a determination of responsibility of a Policy Violation to maintain consistency with Tiger Lore and the right to a hearing provided there for violations of University policy. 


Additional Information

Additional information on resources, policies, and procedures related to sexual harassment, sexual assault, domestic violence, dating violence, and stalking is available.