When Reporting to the College
Both the complainant and respondent have equal rights, such as the right to –
- A prompt and impartial investigation
- Have an adviser of choice during the process
- Present evidence or have witnesses speak on their behalf
- Receive the final decision in writing at the same time
- Have the right to appeal a final decision
- Learn and work in a safe environment
- Access campus counseling
In addition, the complainant has a right to –
- Notify law enforcement of incidents and receive assistance from Chemeketa in doing so
- Decline to report the incident to law enforcement
- Have Chemeketa investigate their allegations
- Seek help from Chemeketa in enforcing orders of protection, no-contact orders, restraining orders, or similar lawful orders issued by criminal, civil, or tribal courts
- Request interim measures (academic/employment accommodations, no contact order, temporary restrictions for safety measures)
- File a complaint without fear of retaliation
When Reporting to Law Enforcement
The criminal process beings with a police report. If there is enough evidence to support an arrest -
- There will be a pre-release trial hearing where the judge will consider the safety of the reporting party
- The reporting party can refuse to speak to the defendant's attorney
There are constitutional and statutory rights that may be asserted by the reporting party, their attorney, or the prosecution, upon request.
When Seeking Civil Legal Remedies
Generally, the following are available without the need for a police report.
Protection Order
Depending on the circumstances, a protective order may be an option. In Oregon, the following protection orders are available -
- Restraining order
- Stalking
- Sexual Abuse Protective Order
- Elderly Persons and Persons with Disabilities Abuse Prevention Act Restraining Order
Civil Lawsuits
Civil lawsuits may be an option in suing the responsible party(ies) for personal injury or forms of harm.
File a Complaint with the Department of Education
Anyone who believes that an educational institution has discriminated against them on the basis of sex, gender, color, race, national origin, disability, or age, may file a complaint with the Office for Civil Rights (OCR).
Complaints may be filed 180 calendar days of the date of the alleged discrimination, unless the time for filing the complaint is extended by OCR for good cause shown under certain circumstances.
File a Complaint with the Federal Department of Justice
The Department of Justice enforces federal laws that protect students and employees from harassment and discrimination.
Employment
Unemployment insurance may be available when the reporting party quits for domestic violence, stalking, or sexual assault and safety reasons.
An employer may not refuse to make reasonable safety accommodations.
An employer may not discriminate or retaliate against victims of sexual violence.
Employees may file a complaint with the federal Equal Employment Opportunity Commission (EEOC) or the Bureau of Labor and Industry (BOLI). A complaint must be filed within 180 days of the alleged discrimination or discriminatory harassment.
Housing
Sexual violence victims can break a lease and request to have their locks changed by the landlord.
Landlords cannot discriminate or retaliate against a victim of sexual violence.
Immigration
Immigration relief is available to crime victims in the U.S.
This information is not a comprehensive list and is not intended to provide legal advice. To learn more consider consulting an attorney or your college official.