Section VIII. Student Rights
Code of Student Conduct
A. Rights of the Responding Party
- 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.
- 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 rests with the chair of the proceedings.
- The right, in all disciplinary proceedings to have the presence of an advisor. The advisor may consult with the student, but may not address the conduct officer or hearing panel board or participate directly in the hearing.
- Upon request, the right to review a copy of each document pertinent to the alleged violation.
- Upon request, the right to notification of the name of each person expected to testify at any conference or hearing.
- 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.
- The right to be present (except during deliberations) at disciplinary hearings or conferences on the alleged violation and to make or refrain from making statements. (This right is not applicable to appeal hearings with the Director, academic integrity hearings unless the student is requested to appear).
- The right to ask questions of any person participating in or providing information at a conference or hearing. All questions asked by the responding party 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.
- The right to receive timely written notification of any decision made.
- The right to appeal the decision of a hearing or conference in accordance with University procedures.
- The right to review the student’s own record that exists of any hearing in accordance with all state laws and the Family Educational Rights and Privacy Act.
- The right to request postponement of a hearing or conduct conference 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 and Student Conduct.
- The right to be granted, if reasonably available, a change in living assignment, academic arrangement, no contact order, or other steps necessary to prevent unnecessary or unwanted contact.
- The right to submit, in writing, a statement of character to any conduct body. The character statement is considered only after a decision is made that a violation occurred.
B. Rights of Reporting Party
- The right to be kept reasonably informed of the status of proceedings throughout the process.
- 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 rests with the chair of the proceedings.
- The right, in all disciplinary proceedings to have the presence of an advisor. The advisor may consult with the student, but not address the conduct officer or hearing panel board or participate directly in the hearing.
- Upon request, the right to review a copy of each document pertinent to the alleged violation.
- Upon request, the right to notification of the name of each person expected to testify at any conference or hearing.
- 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.
- The right to be present (except during deliberations) at disciplinary hearings or conferences on the alleged violation and to make or refrain from making statements. (This right is not applicable to appeal hearings with the Director, academic integrity hearings unless the student is requested to appear).
- The right to ask questions of any person participating in or providing information at a conference or hearing. All questions asked by the reporting party 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.
- The right to request to answer questions posed by the responding party outside of the physical presence of the responding party. The Director or designee will determine if such a request will be granted.
- The right to submit, in writing, an impact statement to any conduct body. Impact statements are considered only after a decision is made that a violation occurred.
- The right to receive timely written notification of any decision made (only in instances of sexual misconduct/harassment, physical assault, domestic violence, stalking, and dating violence).
- The right to be granted, if reasonably available, a change in living assignment, academic arrangement, no contact order, or other steps necessary to prevent unnecessary or unwanted contact.
- The right to request postponement of a hearing or conduct conference 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 and Student Conduct.
- The right to review the student's own record that exists of any hearing in accordance with all state laws and the Family Educational Rights and Privacy Act.
* In Cases of Gender Based Harassment or Violence (including Sexual Misconduct/Harassment, Dating Violence, Domestic Violence, and Stalking)*
(Sex/Gender-Based Harassment, Discrimination, and Sexual Misconduct Policy)
A reporting or responding involved in a process pertaining to any of the allegations mentioned above is provided the following additional rights:
- The right to remain present throughout the entire hearing except during deliberations.
- The right to have one support person present, in addition to an advisor. The support person is subject to the same limitations as an advisor.
- Except where such information is relevant, the right to not have their past sexual history discussed during the hearing. The hearing chair shall determine questions of relevance.
- The right to be informed, in writing, of the outcome of the conference or hearing decision and any sanctions that may have been assigned as well as the outcome of any subsequent appeal hearing.
- The right to a single appeal of the outcome of a conference or hearing decision in accordance with University appeal procedures.