Rights and Responsibilities

All students accused of violating the Code of Student Conduct have certain rights and responsibilities that are outlined in the Student Disciplinary Procedures.

Respondent’s Rights

Students whose conduct is under review based on the Code of Student Conduct have the following rights:

  • Written notice of the charges as described in the Student Disciplinary Procedures.
    • Written notice of the charges will be provided to the student within thirty (30) days of the report of misconduct being made, unless extenuating circumstances require a longer time period.
  • In cases that could result in a sanction of suspension or expulsion, the written notice of hearing shall include information specific to the factual allegations and references to possible sanctions.
  • Reasonable access to the respondent’s case file in the Office of Student Conduct, which includes all information, to the extent permitted by confidentiality laws.
  • Explanation of the procedural alternatives available within the University disciplinary process.
  • To be presumed not responsible until proven otherwise for violating the Code.
  • To respond to the evidence and to question witnesses, through the Board or decision maker.
  • To respond to the information presented and to question witnesses, through a hearing board or decision maker. Respondents in disciplinary proceedings are expected to answer questions concerning their conduct. Disciplinary proceedings are investigatory in nature and the person or body reviewing the case needs to engage the respondent in discussion and dialogue in order to reach a result. If the respondent refuses to answer questions, a decision will be made based upon the information presented. Students whose alleged misconduct may subject them to criminal proceedings should consult with their own legal counsel regarding their rights prior to their hearing.
  • To deny responsibility without being charged for lying in relation to that denial if proven responsible. However, a student may be charged, or be subjected to increased sanctions, for lying about the facts of the case, as opposed to just denying responsibility.
  • To review the Code and these Procedures.
  • When enrolled and formally charged with non-academic misconduct, to be represented by an attorney or other advocate at the respondent’s own expense, during a Disciplinary Conference, Mutual Agreement, Administrative Hearing, or Interim Suspension hearing. Note that all Disciplinary Conferences involving representation will be conducted by a staff member in the Office of Student Conduct.Further information can be found here.
  • To waive any of the above rights, provided that the waiver is made freely and in writing.

Complainant’s / Victim’s Rights

  • To file charges through Campus Police, the Office of Student Conduct, or when appropriate, with University Housing staff.
  • To pursue criminal or civil charges where a legal case exists (without University assistance).
  • To receive an explanation of the applicable charges from a staff member in the Office of Student Conduct or appropriate University Housing staff member.
  • To receive an explanation of the procedural alternatives available within the Student Disciplinary Procedures as you bring charges against a student.
  • To have all formal complaints investigated by Campus Police or the Office of Student Conduct or other University officials.
  • To be free from harassment and intimidation from respondents and others as you engage this process.
  • To testify at the disciplinary process, and to know the results of the process to the extent allowed under federal laws and University policies.
  • To question witnesses through the Board or other decision-maker.
  • In cases involving charges of Relationship Violence, Sexual Misconduct, or Stalking, to have a support person at the hearing as an observer, to have the same access to the proceedings as the respondent, including the ability to question witnesses, to be free of irrelevant questions about sexual history, to make an impact statement prior to imposition of sanctions if the respondent is found responsible, and to appeal a decision based on grounds described in section 7 of the Student Disciplinary Procedures regarding appeals.  In cases where the respondent has an attorney present at the hearing, the victim also may have an attorney, at the victim’s own expense, present at the hearing.

Responsibilities of Respondents, Complainants, and Witnesses

Participants in the student judicial process have the following responsibilities:

  • To be honest and complete in all information they provide during the disciplinary process.
  • To attend all meetings, conferences, or hearings in a timely fashion.
  • For respondents, to complete any imposed sanctions on time and consistent with the decision in their case.
  • To participate in a manner that is civil and respectful.
  • For complainants and respondents, to prepare and present their entire case and secure the presence of any witnesses who will speak on their behalf