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Victim's Rights
When a member of the SUNY Cortland community has been the victim of an alleged act of misconduct which violates the physical and/or mental welfare of an individual, the victim should expect that the judicial system shall respond in a caring, sensitive manner which allows the victim to utilize the judicial process unimpeded, while still maintaining the rights of the accused student. In cases including but not limited to sexual assault, physical assault, hazing, and harassment. [The Judicial Affairs Office will review each case for victims and will inform individuals when they have been granted this status.] The following rights shall be provided to victims of alleged offenses:
- A victim has the right to be treated with dignity and compassion by the judicial body, and by all persons involved in the disciplinary process.
- A victim has the right to information pertaining to the campus judicial process and appropriate referrals for information on the criminal process.
- A victim has the right to information pertaining to counseling assistance available to her/him.
- A victim has the right to assistance throughout the judicial process, including the right to have an advisor present at all proceedings.
- A victim has the right to all due process protections provided to accused students, including the right to written notification of a hearing, the right to hear all information presented, the right to present information and witnesses, the right to verbal disclosure of the results of a hearing (for victims of crimes of violence or non-forcible sexual offenses), and the right to appeal imposed sanctions (see Section Fourteen).
- A victim has the right to testify from another location as long as it does not infringe upon the rights of the accused student to have a fair hearing.
- A victim has the right to have any unrelated past behavior excluded from the hearing process. The judicial body shall determine what constitutes unrelated behavior.
- A victim has the right to submit a written impact statement to the judicial body which will be considered only in sanctioning, should there be a finding of violation against the accused student.
- A victim has the right to privacy throughout the judicial process in relation to campus and other media, and from all other uninvolved parties.
- A victim has the right to expect to be free from intimidation and harassment throughout the judicial process.
- A victim has the right to request that campus personnel take the necessary steps reasonably available to prevent unwanted contact or proximity with an alleged assailant(s). This could include modification of living arrangements and/or class schedule.
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