Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act
Violence Against Women Reauthorization Act of 2013
34 CFR § 668.46(k)(2)-(3)
Both complainants and respondents in institutional disciplinary proceedings in cases of alleged dating violence, domestic violence, sexual assault, or stalking are entitled to:
- A prompt, fair, and impartial process from the initial investigation to the final result:
- A proceeding completed within reasonably prompt timeframes designated by an institution’s policy, including a process that allows for the extension of timeframes for good cause with written notice to the accuser and the accused of the delay and the reason for the delay.
- A proceeding conducted in a manner that:
- Is consistent with the institution’s policies and transparent to the accuser and accused;
- Includes timely notice of meetings at which the accuser or accused, or both, may be present; and
- Provides timely and equal access to the accuser, the accused, and appropriate officials to any information that will be used during informal and formal disciplinary meetings and hearings.
- A proceeding conducted by officials who do not have a conflict of interest or bias for or against the accuser or the accused.
- The same opportunities to have others present during any institutional disciplinary proceeding, including the opportunity to be accompanied to any related meeting or proceeding by the advisor of their choice.
- No limit on the choice of advisor or presence for either the accuser or the accused in any meeting or institutional disciplinary proceeding; however, the institution may establish restrictions regarding the extent to which the advisor may participate in the proceedings, as long as the restrictions apply equally to both parties.
- Simultaneous notification, in writing, to both the accuser and the accused, of:
- The result of any institutional disciplinary proceeding that arises from an allegation of dating violence, domestic violence, sexual assault, or stalking;
- The institution’s procedures for the accused and the victim to appeal the result of the institutional disciplinary proceeding, if such procedures are available;
- Any change to the result; and
- When such results become final.
