OFFICE OF COMMUNITY STANDARDS AND STUDENT CONDUCT

Code of Conduct

Section VII - Student Rights

A. Rights of the Accused

 
1. The right to receive notification of the section(s) of the Code allegedly violated and the date, time, and place of any conference or hearing on the alleged violation.
2. The right to challenge the objectivity or fairness of any of the persons serving on a hearing panel. The decision to uphold any challenge made by the accused rests with the chair of the proceedings.
3. The right to consult an advisor before, during, and after any conference or hearing.
4. The right to review a copy of each document pertinent to the alleged violation upon request.
5. The right to notification of the name of each person expected to testify at any conference or hearing upon request.
6. The right to introduce documents, to call witnesses, and present other evidence. The right to call witnesses is accompanied by the obligation to provide the name of each witness, in writing, two business days in advance of a conference or hearing to the conduct officer or director or designee.
7. The right to be present at disciplinary hearings or conferences on the alleged violation and to make or refrain from making statements. (This right is not applicable to an Academic Integrity Hearings unless requested by the AIHP to appear)
8. The right to ask questions of any person participating in or providing information at a conference or hearing. All questions asked by the accused are to be directed towards the chair of the proceedings. In certain circumstances, questioning may be done outside the physical presence of those participating in the conference or hearing.
9. The right to receive written notification of any decision made.
10. The right to appeal the decision of a hearing or conference in accordance with University procedures.
11. The right to review the record that exists of any hearing in accordance with all state laws and the Family Educational Rights and Privacy Act.
12. The right to request postponement of a hearing for good cause shown. In most cases, a postponement will only be granted due to an academically related commitment. The decision to postpone a conduct conference rests with the hearing officer. The decision to postpone a hearing rests with the director or designee of Community Standards & Student Conduct.

B. Rights of Complainant

1. The right to be kept informed of the status of proceedings throughout the process.
2. The right, in all disciplinary proceedings to have the presence of a adviser. A Advisor may consult with the student, but not address the Conduct Officer or Hearing Panel board or participate directly in the hearing.
3. The right to request to answer questions posed by the accused outside of the physical presence of the accused. The director or designee will determine if such a request will be granted.
4. The right to submit, orally or in writing, an impact statement to any conduct body.
5. The right to receive timely notification of any decision made (only in sexual and physical assault cases).
6. The right to be granted, if these changes are reasonably available, a change in living assignment, academic arrangement, or other steps necessary to prevent unnecessary or unwanted contact.

*In Cases of Sexual Misconduct or Other Physical Misconduct Only*

A Complainant who reports an alleged violation of sexual misconduct or harassment is provided the following additional rights:

1. The right to answer questions posed by the accused outside of the physical presence of the accused.
2. The right to remain present throughout the entire hearing except deliberations.
3. The right to not have his/her past behavioral history discussed during the hearing. The hearing chair shall determine questions of relevancy.
4. The right to be granted a change in living assignment, no contact order, academic arrangement, or other steps necessary to prevent unnecessary or unwanted contact.
5. The right to be informed, in writing of the outcome of the conference or hearing decision and any sanctions that may have been assigned.
6. The right to appeal the decision of a hearing or conference in accordance with University appeal procedures.

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