Rights of a Complainant
The following privileges are extended to a student who has filed a complaint of a possible Interpersonal Misconduct Policy (IMP) violation that is being addressed by the Office of the Dean of Students:
- The right not to comment on, provide information about, or attend proceedings related to a possible infraction. If a complainant 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;
- The right to be advised in writing of the outcome of the complaint review;
- The right to submit one written appeal of the outcome of the complaint review if one or more charges of possible interpersonal misconduct are issued (see “Interpersonal Misconduct Policy Appeal Procedures”).
The following additional privileges are extended to a complainant whose report of possible interpersonal misconduct is being investigated before a possible Administrative Board hearing or has resulted in charges of possible IMP violation(s) that will be resolved through an Administrative Board hearing. Deadlines for exercising these privileges may be established by the Office of the Dean of Students.
- 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 that advisor at investigation, hearing, and appeal proceedings whenever the complainant is present; however, an advisor may not participate in these proceedings. During a hearing, an advisor may accompany the complainant in the hearing room whenever the complainant is present.
- The right to present information orally or in writing during the hearing;
- 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;
- The right to request that the Office of the Dean of Students arrange an alternate location from which the complainant can participate in the hearing without being in the hearing room with the charged student. When an alternate location is utilized, the Office of the Dean of Students also arranges for a hearing assistant to be present in the alternate location to help facilitate hearing procedures.
- 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;
- The right to be advised in writing of the outcome of the complaint review; and
- The right to submit a written appeal of the Administrative Board decision(s) (see “Interpersonal Misconduct Policy Appeal Procedures”).
Letters regarding a scheduled hearing and the results of a complaint review sent to a complainant’s local address listed in College records constitute full and adequate notice. For students, one’s local address is one’s campus mailbox, if assigned, or College e-mail address. Failure of a complainant to provide an address change or forwarding address, or failure or refusal to pick up, accept, or read letters does not remove the complainant’s obligation to adhere to any instructions or deadlines issued in the letters or constitute a procedural error for which the complainant may be granted a hearing appeal.