Your Rights

Victim Rights

Under the Clery Act, certain basic rights are guaranteed to members of our community who are victims of sexual assault.  The Title IX Coordinators are responsible for ensuring that these rights are or have been communicated to the individual.

  • Survivors shall be notified of their options to notify law enforcement.
    • Reporting or not reporting a crime is a personal choice. All crimes are worth reporting whether or not you take a legal course of action. Please know that many University employees are obligated to report if they know or suspect that a sexual assault has occurred.  Additional information is available in the Reporting section of the site.  
    • You can contact the Framingham State University Police Department at 508-626-4911. There are several officers who are trained in sexual assault investigations.
    • The police can also provide information on how to obtain an Harassment Prevention Order through the courts and/or a No Communication Directive through the University.
  • Accuser and accused must have the same opportunity to have others present.
    • If a complaint is pursued through the University’s Investigation and Resolution Procedures, an investigation will be conducted. For complaints against students, the investigation will be conducted through the Office of Community Standards.  Each party is entitled to have an advisor present for all related meetings.  For students in need of an advisor one will be made available through the Dean of Students Office. 
  • Both parties shall be informed of the outcome of any disciplinary proceeding.
    • Findings and sanctions may range from findings of "not responsible" to sanctions up to and including expulsion from the University for student respondents or termination for employee respondents.
  • Survivors shall be notified of counseling services.
    • Counseling services are available to students through the University's Counseling Center.
    • The University offers two Employee Assistance Programs with 24/7 counseling services for employees and their household members.  Additional information is available by contacting HR.  
    • Advocate's Psychiatric Emergency Services is available for after hours or emergency care for anyone in need by calling 800-640-5432 or 508-872-3333.
  • Survivors shall be notified of options for changing academic and living situations. 
    • Interim modified living arrangements may be available upon request for students in cases where the accuser and the accused live in the same residence hall.  Academic adjustments will be made possible for students in cases where the accuser and accused share classes.  These arrangements are available through the Dean of Students/Title IX Coordinator for Students.
    • The University Title IX Coordinator can also assist with adjustments to work situations for employees.
    • A No Communication Directive through the University may also be available.

Complainant Rights

The University further notifies parties who are Complainants alleging sexual harassment, sexual assault, domestic violence, dating violence, and stalking have the following rights to:

  • an explanation of the options available;
  • referrals to confidential assistance and support services from both on- and off-campus resources, including 24-hour services;
  • a change in on-campus residence and/or an adjustment to their academic schedule if such changes are reasonably available;
  • request that the University impose no contact/communication orders or other supportive measures;
  • choose whether or not to make a formal complaint, which would initiate a formal investigation, unless the University deems it necessary to investigate to protect the safety of the community or in compliance with applicable law;
  • file no complaint with the University, but receive supportive measures from the University;
  • a prompt, thorough, and equitable investigation and resolution of a complaint;
  • the confidentiality of the investigation process to the extent possible (reference to confidentiality section);
  • know, in advance, the names of all persons known to be involved;
  • an advisor of their choice who can be present at any time during the complaint resolution proceedings, including the Administrative Investigation. In addition, this Advisor will participate in the live hearing as the representative of the Complainant who shall cross-examine the Respondent and any witnesses, but whose participation in the process is otherwise limited as outlined in this Policy;
  • an advisor provided by the University during the live hearing if you do not have one;
  • reasonable accommodations for a documented disability during the process;
  • not to have irrelevant sexual history discussed;
  • be present at certain meetings and inspect, review and respond to evidence before completion of the investigative report;
  • speak and present information on their own behalf, including inculpatory and exculpatory evidence;
  • provide witnesses, including fact and expert witnesses;
  • submit questions for the Administrative Investigator to ask witnesses;
  • know the status of the case at any point during the process;
  • be provided with a copy of the Investigative Report and an opportunity to respond to the report in advance of the live hearing;
  • be informed of the outcome of the process in a timely manner;
  • an appeal from the outcome of the process (if proper grounds for appeal exist);
  • file a police report and/or take legal action separate from and/or in addition to the University discipline process;
  • seek and enforce a harassment prevention order, restraining or similar court order;
  • be assisted by the University in seeking assistance from or filing a complaint with local law enforcement;
  • not file a complaint or seek assistance from local law enforcement, but receive supportive measures from the University;
  • be free from any behavior that may be construed by the University to be intimidating, harassing or, retaliatory; and
  • have the matter handled in accordance with University policy.

Respondent Rights

Parties who are Respondents to claims of sexual harassment, sexual assault, domestic violence, dating violence, and stalking have the following rights to:

  • an explanation of the allegation(s) against them, including sufficient details known at the time;
  • sufficient time to prepare a response to the allegation(s) before any initial interview;
  • referrals to confidential assistance and support measures from both on- and off-campus resources, including 24-hour services;
  • request that the University impose no contact/no communication orders or other supportive measures;
  • receive a copy of the complaint filed against them;
  • know, in advance, the names of all persons known to be involved;
  • be presumed not in violation of University Policy and that a determination of responsibility is made at the conclusion of the grievance process;
  • the confidentiality of the investigation process to the extent possible (reference to confidentiality section);
  • an advisor of their choice who can be present at any time during the complaint resolution proceedings, including the Administrative Investigation. In addition, this Advisor will participate in the live hearing as the representative of the Respondent who shall cross-examine the Complainant and any witnesses, but whose participation in the process is otherwise limited as outlined in this Policy. Pursuant to Weingarten, Respondent unit members may exercise their right to a union representative or other University employee at meetings which the unit member reasonably believes may result in discipline, in addition to an advisor of their choice unless such advisor is also the Weingarten representative;
  • an advisor provided by the University during the live hearing if you do not have one;
  • reasonable accommodations for a documented disability during the process;
  • not to have irrelevant sexual history discussed;
  • be present at certain meetings and inspect, review and respond to evidence before completion of the investigative report;
  • speak and present information on their own behalf, including evidence inculpatory and exculpatory evidence;
  • provide witnesses, including fact and expert witnesses;
  • submit questions for the Administrative Investigator to ask witnesses;
  • know the status of the case at any point during the investigation and resolution process;
  • be provided with a copy of the Investigative Report and an opportunity to respond to the report in advance of the live hearing;
  • be informed of the outcome of the process in a timely manner;
  • an appeal from the outcome of the process (if proper grounds for appeal exist);
  • be free from any behavior that may be construed by the University to be intimidating, harassing, or retaliatory; and
  • have the matter handled in accordance with University policy.