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Section
VII - Student Rights
A. Rights of the Accused
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1.
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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.
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2.
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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.
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3.
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The right to consult
an advisor before, during, and after any conference or hearing.
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4.
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The right to review a
copy of each document pertinent to the alleged violation.
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5.
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Upon request, the
right to notification of the name of each person expected to
testify at any conference or hearing.
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6.
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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.
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7.
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The right to be
present at any hearing or conference on the alleged violation and to
make or refrain from making statements.
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8.
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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. In certain circumstances, questioning may be done outside
the physical presence of those participating in the conference or
hearing.
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9.
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The right to receive
written notification of any decision made.
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10.
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The right to appeal
the decision of a hearing or conference in accordance with University
procedures.
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11.
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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.
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12.
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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 the Office of Community Standards and Student Conduct..
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B. Rights of Complainant
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1.
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The right to be kept
informed of the status of proceedings throughout the process.
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2.
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The right, in all
disciplinary hearings and proceedings, to have the presence of a
support person, counselor, or adviser. This person may consult with the
student but not address the board or participate directly in the
hearing.
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3.
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The right to request the ability 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.
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4.
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The right to submit, orally or in writing, an impact statement to any conduct body.
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5.
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The right to receive timely notification of any decision made (only in sexual and physical assault cases).
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6
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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.
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*In Cases of Sexual Misconduct Only*
A Complainant who reports an alleged violation of sexual misconduct is provided the following additional rights:
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1.
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The right to answer questions posed by the accused outside of the physical presence of the accused.
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2.
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The right to remain present throughout the entire hearing except deliberations.
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3.
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The right to not have his/her past behavioral history discussed during the hearing. The hearing chair shall determine questions of relevancy.
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4.
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The right to be granted a change in living assignment, academic arrangement, or other steps necessary to prevent unnecessary or unwanted contact.
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5.
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The right to be informed, in writing of the outcome of the conference or hearing decision and any sanctions that may have been assigned.
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