August 22, 2016

Procedural protections (Student Misconduct)

During the process outlined in this policy, both the Reporting Party and the Respondent are granted the following procedural protections:

  • A summary of rights, investigation procedures, and avenue of appeal.
  • Equal treatment.
  • A fair, thorough, reliable, neutral and impartial investigation by a trained and experienced investigator.
  • Written notice of the alleged policy violation including the specific acts, the date/period of time, and location.
  • Written notice of the requirement to meet with the investigator. If the Respondent fails to respond to this notice and schedule an appointment with the Title IX Office, an administrative hold will be placed on the Respondent’s record prohibiting registration transactions until an appointment is completed. An investigation may be conducted in absentia when a student fails to respond to initial notification. There may be times when the University may proceed with the investigation without the Reporting Party. See section VIII for a description of that process.
  • The opportunity to provide relevant information and names of relevant witnesses. Declining to present information or witnesses will not be considered an admission of responsibility.
  • The opportunity to inspect documents and/or relevant information gathered during the investigation. Medical and counseling records are confidential records that neither party is required to disclose.  However, if these records are disclosed to the investigator, the other party will be allowed to review the relevant portions.
  • A written, timely decision outlining the findings of fact and violation by the Title IX Office and any sanctions imposed by the Misconduct Sanctioning Panel. These reports are provided to the parties simultaneously. Information about the appellate process will also be provided. Notice will be emailed to the student’s email address of record in the Student Directory (typically, @usc.edu), unless otherwise arranged by the student. If a notice is mailed through the postal system, it is considered received three days after mailing.
  • The opportunity to appeal the findings of the Title IX Office or the Misconduct Conduct Sanctioning Panel within 10 business days of receipt of the written decision. Following the appeal process, both parties will receive a written and timely decision regarding the outcome of the appeal, explaining the basis for the decision. See sections X and XI below for more information on the sanctioning and appellate process.