Student Rights & Responsibilities
Throughout their involvement inthe disciplinary process, students have the following rights and responsibilities. These rights apply to all students accused of misconduct, aswell as to individuals designated as victims by the Dean of Students Officeunder this Code.
The Right to Fair Treatment
Students have the right to be considered innocent of all allegations until and unlessfound responsible by a hearing authority. Students have the responsibility tocooperate with all stages of the disciplinary process. Although students retainthe right to avoid self-incrimination, a hearing authority is allowed to infera negative conclusion from a student’s refusal to answer.
The Right to Privacy
Students havethe right to privacy with respect to all disciplinary records, pursuant touniversity policies and the Federal Educational Rights and Privacy Act (FERPA),and the right to have the university prevent unnecessary and unwanted contactwith other parties involved in the disciplinary process. Students have theresponsibility to notify the Dean of Students Office if they believe theirprivacy has been compromised.
The Right to be Notified of Options
Students have the right to be informed of all resources open to them, includingthe availability of counseling, the notification of law enforcement agencies,and the options to rearrange academic and/or living situations. Students have theresponsibility to notify the Dean of Students Office if they desire to takeadvantage of any of these options.
The Right to an Advisor
Studentshave the right to be accompanied by an advisor of their choice at all stages ofthe disciplinary process. The advisor may counsel the student, but may notdirectly question adverse witnesses, present information or witnesses, or speakon behalf of the student. In cases where the hearing authority is consideringsanctions including suspension or expulsion, or where the student has beencharged with a crime, the advisor may question adverse witnesses, presentinformation and witnesses, and speak on behalf of the student. Students havethe responsibility to respond on their own behalf to questions asked during thecourse of the disciplinary process.
The Right to Written Notice
Students have the right to proper written notification of allegations madeagainst them which may result in sanctions being imposed. Such notice shallinclude a description of the alleged misconduct, a description of allinformation available to the university regarding the alleged misconduct,specification of the sanction sought, and notice of the student’s right to ahearing. Students have the right to proper written notification of any hearingconducted to consider such allegations. Such notice shall include the date,time, and location of the hearing, and the hearing authority considering theallegations. Students have the right to proper written notification of theresults of any hearing. Such notice shall include a description of the specificconduct the hearing authority has determined took place, the specificviolations committed, the sanctions imposed, and notice of the student’s rightto appeal. Students have the responsibility to maintain up-to-date contactinformation with the university, so that proper written notification is notunduly delayed.
The Right to Hear and Provide Testimony
Students have the right to hear and respond to all information presented insupport of allegations made against him or her, and the right to presentwitnesses and other evidence in order to refute such allegations. Students havethe responsibility to arrange for the presentation of any and all informationthey wish a hearing authority to consider in making a decision.