Rights of a Complainant

The following privileges are extended to a student who has filed a complaint of a possible Sexual Misconduct Policy (SMP) violation that is being addressed by the Office of the Dean of Students:

  1. The right not to comment on or provide information about a possible infraction. If a student elects to provide information about an incident, he/she is expected to provide honest, accurate, and complete information. Providing information that is false, incomplete, or misleading may result in disciplinary action;
  2. The right to be advised in writing of the outcome of the complaint review;
  3. The right to submit a written appeal of the outcome of the complaint review (see Sexual Misconduct Policy Appeal Procedures).

The following additional privileges are extended to a student whose complaint of possible sexual misconduct is being investigated before a possible Administrative Board hearing or has resulted in charges of possible SMP violation(s) that will be resolved through an Administrative Board hearing:

  1. The right to identify a member of the campus community (current Lynchburg College student, faculty, or staff member only) to serve as a hearing advisor and to be accompanied by an advisor at investigation, hearing, and appeal proceedings. During a hearing, an advisor may accompany the complainant in the hearing room whenever the complainant is present and counsel the complainant; however, an advisor may not participate actively in the hearing;
  2. The right to present information orally or in writing during the hearing;
  3. The right to request that the Office of the Dean of Students call to a hearing witnesses(current Lynchburg College students, faculty, or staff members only) who have first-hand knowledge of the alleged infraction, without guarantee that the request will be granted;
  4. The right to provide information to the hearing panel from one character reference(current Lynchburg College student, faculty, or staff member only) either by inviting the character reference to speak during the hearing or by submitting a written statement from the character reference during the hearing;
  5. The right to suggest relevant questions for the hearing panel to direct to witnesses participating in the hearing and/or the charged student. The hearing panel decides whether to ask the questions, which may include rephrasing;
  6. The right to be advised in writing of the outcome of the complaint review;
  7. The right to submit a written appeal of the Administrative Board decision(s) (see Sexual Misconduct Policy Appeal Procedures).

Letters regarding a scheduled hearing and the results of a complaint review sent to a student-complainant's local address listed in College records constitutes full and adequate notice. For full-time undergraduate students, one's local address is one's campus mailbox number or College email address. Failure of a complainant to provide an address change or forwarding address, or failure or refusal to pick up or accept letters, does not remove the student's obligation to adhere to any instructions or deadlines issued in the letters or constitute a procedural error for which the student-complainant may be granted a hearing appeal.