If you have been accused

If you’ve been accused

If you’ve been accused of harassment or other misconduct

• Confidential support is available from the Counseling Center at 716-673-3424. You may receive free individual counseling to help deal with feelings related to being accused, decision-making, and concerns about relationships.
• Talk to someone you can trust: A friend, clergy member, parent, or counselor.
• If you would like assistance in navigating the investigation and judicial process, please contact the Director of Student Conduct at 716-673-4726.
• Do not contact the alleged victim by any means: this might appear retaliatory, even if that is not your intent. In addition, the alleged victim might believe this to be an additional act of harassment, putting you at risk of having additional charges of misconduct filed against you.
• Consider whether there is information to gather that might be helpful. For example, you might gather text messages, emails, Facebook postings, or other social media postings. If you have already deleted text messages, contact your phone carrier to find out if they can be recovered. If you think of possible witnesses, it might be helpful to write down their names so that you do not forget them later, when asked as part of the investigation.

Be aware that you have the following rights:

• The same opportunity to be accompanied by an advisor of their choice who may assist and advise the parties throughout the conduct process and any related hearings or meetings. Participation of the advisor in any proceeding is governed by federal law and the Student Code of Conduct;
• The right to a prompt response to any complaint and to have their complaint investigated and adjudicated in an impartial, timely, and thorough manner by individuals who receive annual training in conducting investigations of sexual violence, the effects of trauma, impartiality, the rights of the respondent, including the right to a presumption that the respondent is “not responsible” until a finding of responsibility is made, and other issues related to sexual assault, domestic violence, dating violence, and stalking.
• The right to an investigation and process conducted in a manner that recognizes the legal and policy requirements of due process (including fairness, impartiality, and a meaningful opportunity to be heard) and is not conducted by individuals with a conflict of interest.
• The right to receive advance written or electronic notice of the date, time, and location of any meeting or hearing they are required to or are eligible to attend. Accused individuals will also be told the factual allegations concerning the violation, a reference to the specific code of conduct provisions alleged to have been violated, and possible sanctions.
• The right to have a conduct process run concurrently with a criminal justice investigation and proceeding, except for temporary delays as requested by external municipal entities while law enforcement gathers evidence. Temporary delays should not last more than 10 days except when law enforcement specifically requests and justifies a longer delay.
• The right to offer evidence during an investigation and to review available relevant evidence in the case file (or otherwise held by the University).
• The right to present evidence and testimony at a hearing, where appropriate.
• The right to a range of options for providing testimony via alternative arrangements, including telephone/videoconferencing or testifying with a room partition.
• The right to exclude prior sexual history with persons other than the other party in the conduct process or their own mental health diagnosis or treatment from admittance in University disciplinary stage that determines responsibility. Past findings of domestic violence, dating violence, stalking, or sexual assault may be admissible in the disciplinary stage that determines sanction.
• The right to ask questions of the decision maker and via the decision maker indirectly request responses from other parties and any other witnesses present.
• The right to make an impact statement during the point of the proceeding where the decision maker is deliberating on appropriate sanctions.
• The right to simultaneous (among the parties) written or electronic notification of the outcome of a conduct proceeding, including the decision, any sanctions, and the rational for the decision and any sanctions.
• The right to written or electronic notice about the sanction(s) that may be imposed on the accused based upon the outcome of the conduct proceeding. For student found responsible for sexual assault, the available sanctions are suspension with additional requirements and expulsion/dismissal.
• Access to at least one level of appeal of a determination before a panel, which may include one or more students, that is fair and impartial and does not include individuals with a conflict of interest.
• The right to have access to a full and fair record of a student conduct hearing, which shall be preserved and maintained for at least five years.
  • Office of Student Conduct, 716-673-4726
  • Fredonia shall ensure that every student be afforded the following rights throughout proceedings involving such an accusation of sexual assault, domestic violence, dating violence, stalking, or sexual activity that may otherwise violate the institution’s Code of Conduct
    • The right to review and present available evidence in the case file, or otherwise in the possession or control of the institution, and relevant to the conduct case, consistent with institution policies and procedures.
    • The right to choose whether to disclose or discuss the outcome of a conduct hearing.
    • The right to have all information obtained during the course of the conduct or judicial process be protected from the public release until the appeals panel makes a final determination unless otherwise required by law.