Conduct

Due Process Rights

Charged Student/Student Organization
The charged student and student organization has the following rights during the Student Conduct Process:

  1. Written notice of the charges and allegations.
  2. A fair and impartial hearing.
  3. To be accompanied by an advisor of their choice and expense throughout the Student Conduct Process. For cases under the jurisdiction of Policy 0-004, the University will appoint an advisor for the purpose of cross-examination during a Formal Hearing, if one is not chosen.
  4. The opportunity to review all available information supporting the charges of violations of the Code prior to resolution.
  5. The opportunity to present relevant information and witnesses at the Formal Hearing.
  6. To not provide self-incriminating testimony. Invoking the right against self-incrimination will not be considered as a negative factor in the decision of the Hearing Officer or Hearing Body.
  7. The opportunity to question witnesses and in specific cases, complainants in accordance with the Formal Hearing procedure.
  8. To receive written notice of the outcome of the Formal Hearing within five (5) days of the hearing.
  9. To submit a written appeal (See Appeals).

In addition to the above, a charged student has the following rights in cases of alleged sexual harassment, stalking, and violence:

  1. The ability to request alternate arrangements for participation in the Formal Hearing via audio or live-video from another location, and/or to participate in a manner that avoids direct contact with the complainant as long as such participation does not infringe on the charged student’s right to question the complainant during the Formal Hearing or infringe on the implementation of Formal Hearing procedure.
  2. To submit a written impact statement in advance of the Formal Hearing.
  3. To not have prior sexual history considered, except for the testimony offered by the complainant or respondent about their shared sexual history that the panel deems relevant, when determining if a conduct violation has occurred.

Complainant
A complainant has the following rights during the Student Conduct Process:

  1. Written notice of the charge(s) and allegations.
  2. A fair and impartial hearing.
  3. To be accompanied by an advisor of their choice and expense throughout the Student Conduct Process. For cases under the jurisdiction of Policy 0-004, the University will appoint an advisor for the purpose of cross-examination during a Formal Hearing, if one is not chosen.
  4. The opportunity to review all available information supporting the charges of violations of the Code prior to resolution.
  5. The opportunity to present relevant information and witnesses at the Formal Hearing.
  6. To not provide self-incriminating testimony. Invoking the right against self-incrimination will not be considered as a negative factor in the decision of the Hearing Officer or Hearing Body.
  7. The opportunity to question witnesses and the charged student in accordance to the Formal Hearing procedure.
  8. To receive written notice of the outcome of the Formal Hearing within five (5) days of the hearing.
  9. To submit a written appeal (See Appeals).
  10. The ability to request alternate arrangements for participation in the Formal Hearing via audio or live-video from another location, and/or participate in a manner that avoids direct contact with the charged student as long as such participation does not infringe on the complainant’s right to question the charged student during the Formal Hearing or infringe on the implementation of Formal Hearing procedure.
  11. To submit a written impact statement in advance of the Formal Hearing.
  12. To not have prior sexual history considered, except for the testimony offered by the complainant or respondent about their shared sexual history that the panel deems relevant, when determining if a conduct violation has occurred.