Or. Admin. Code § 574-032-0150

Current through Register Vol. 63, No. 11, November 1, 2024

Section 574-032-0150 - Rights of Victims and Survivors

A fundamental aspect of the Code is to provide procedures that ensure the rights of the Charged Student. However, the University also recognizes that the Victims and Survivors of misconduct should also have rights. Therefore, the following rights of Victims and Survivors must be guaranteed during Adjudication proceedings conducted by the University.

(1) A Victim or Survivor has the right to be identified as a Witness and provide a Witness statement.

(2) A Victim or Survivor has the right to have a person accompany the Victim or Survivor while in attendance at the hearing.

(3) Unless it bears directly on the charges, a Victim or Survivor has the right not to have the Victim or Survivor's past history or behavior discussed during a hearing. This includes reference to past violations of the Code, past sexual history, and past indiscretions of any type.

(4) A Victim or Survivor has the right to make an impact statement only when the Charged Student's alleged behavior against the Victim or Survivor is upheld. The impact statement may only be used or considered for sanctioning purposes.

(5) A Victim or Survivor has the right to be shielded from face to face contact with the Charged Student.

(6) A Victim or Survivor has the right to be kept informed during the Adjudicative process within legal guidelines; and

(7) A Victim or Survivor has the right to be informed immediately of the outcome of a hearing within legal guidelines.

(8) In hearings involving a Survivor, the Survivor may appeal decisions reached at a hearing to the Vice President for Student Affairs if the Survivor believes the decision is not in compliance with University standards.

Or. Admin. Code § 574-032-0150

WOSC 3-1989, f. 9-5-89, cert. ef. 9-17-89; WOSC 4-1993, f. & cert. ef. 10-21-93; WOSC 2-1996, f. & cert. ef. 11-12-96; Renumbered from 574-030-0060; WOU 3-2001, f. 8-28-01, cert. ef. 8-31-01; WOU 2-2003, f. & cert. ef. 8-1-03; WOU 2-2005, f. & cert. ef. 8-4-05; WOU 2-2009, f. & cert. ef. 7-29-09; WOU 2-2012, f. & cert. ef. 7-31-12

Stat. Auth.: ORS 351.070 & 351.072

Stats. Implemented: ORS 351.070 & 351.072