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6.3.3 Rights of the Parties

A.  Rights of the Complaining Party
Any member of the University Community who believes that he or she has been subjected to sexual harassment or gender discrimination in violation of this Policy is urged to promptly (as soon as possible but not later than 30 days) pursue the matter and to file a complaint in accordance with the procedures described in this Policy.  Any employee who reprimands, retaliates against, or discriminates against a person in any way for initiating an inquiry or complaint in good faith shall be subject to disciplinary action up to and including separation from the University.  Retaliation against a complainant for making a good faith complaint is strictly prohibited.
 
B.  Declination to Defend or Indemnify
The University will not defend or indemnify any member of the University Community in any legal proceeding or other similar action alleging sexual harassment if the University General Counsel determines that such member violated this Policy and may have acted either (1) in bad faith, or (2) in a manner adverse to the best interest of the University.  If defense is provided and a court later determines that misconduct in fact occurred, the University or the State of Mississippi may seek reimbursement for the cost of any defense provided. 
 
C.  Rights of the Alleged Subject/Respondent
A person against whom a complaint is lodged shall be presumed innocent of that charge unless and until there is a final administrative finding of culpability or a stipulated admission to the charge by that person.