A student who has been accused of violating the Code of Conduct has the following rights with regard to the conduct process:
1. To request a one-on-one meeting with an OSCAR or Residence Life professional in which conduct process rights and procedures are explained. The University reserves the right to mandate such a meeting.
2. To be informed of all charges prior to a hearing, and to review incident documentation. Documentation that includes information about other individuals may be redacted. Copies of incident documentation generally are not released to students.
3. To advance notice of at least three working days before a hearing is to be conducted.
4. To have a fair and impartial conduct hearing.
5. To request witnesses to speak in the student’s defense. The hearing officer or Chair may limit witnesses or statements deemed repetitious or unnecessary. Accused students should inform the hearing officer or Chair prior to the hearing as to the identity of their witnesses no less than two working days prior to the hearing. The only witnesses allowed will be those with information regarding the specific incidents or conduct in question. Character witnesses are not allowed.
6. To ask questions of all witnesses who participate in the hearing.
7. To be present at the hearing, except during deliberation, or when other accused students are speaking. Students who do not appear for a hearing are not assumed to be in violation, but the hearing may be conducted in their absence.
8. To be presumed not in violation unless found in violation for any charge(s). The standard of evidence used in all University conduct hearings is preponderance of evidence. This means that for a student to be found in violation of a charge, the evidence must persuade the hearing officer or board that it is more likely than not that the student was in violation.
9. To name an advisor. The advisor must be willing to assist and advise the student during the hearing, but may not speak on behalf of the student. The advisor may be any individual of the accused student’s choosing, as long as he or she is not also a hearing witness. Accused students are requested to provide notice of the identity of their advisor preferably at least 24 hours in advance of any hearing or investigative meeting that the advisor is slated to attend.
10. To be aware of all evidence presented during the hearing and to have the opportunity to review all relevant available documents.
11. To be notified of the decision made as a result of the hearing.
Students who are complainants in the conduct process have the right within the process to name an advisor. The advisor must be willing to assist and advise the complainant during the hearing, but may not speak on behalf of the complainant. The advisor may be any individual of the complainant’s choosing, as long as he or she is not also a hearing witness. Complainants are requested to provide notice of the identity of their advisor preferably at least 24 hours in advance of any hearing or investigative meeting that the advisor is slated to attend.
This right shall extend to complainants only when the accused student has been charged with one or more of the following violations of the Code of Conduct:
- Engaging in physical violence against another individual or group of individuals. (I.C. in the Code of Conduct)
- Harassment, threats, or intimidation directed toward any individual or group of individuals. (I.D. in the Code of Conduct)
- Actions endangering the mental or physical health or safety of a student, or involving the destruction or removal of property, that are associated with initiation, admission into, affiliation with, or continued membership in a group or organization. (I.G. in the Code of Conduct)
- Making, using, disclosing, or distributing a recording of a person in a location or situation in which that person has a reasonable expectation of privacy and is unaware of the recording or does not consent to it; and any other conduct that constitutes an invasion of the privacy of another person under applicable law or University policies. Such conduct includes, without limitation, unauthorized recording of personal conversations, images, meetings, or activities. (I.L. in the Code of Conduct)