Regardless of whether a student or group has the disciplinary issue heard by a staff member acting as a hearing agent or by any conduct committee, they are assured the following rights:
- Student(s) shall be presented the charges brought against him/her/them in writing at least 24 hours before the hearing is scheduled. Any such notice shall also state that if the student fails to appear before the committee without just cause, the hearing shall be heard in their absence.
- The student shall be entitled to a hearing by an impartial hearing agent.
- The student shall be entitled to any materials gathered during the investigation. They also have the right to appear before the hearing agent or conduct committee.
- The student shall be entitled to present his or her case through statements, questions, witnesses and other forms of evidence.
- If the hearing is before a conduct committee, the student shall be entitled to be accompanied by an advocate. Advocates shall be allowed to speak for the person(s) represented; however, the hearing agent(s) may question the student directly.
- The student shall be entitled to refuse to answer questions. Witnesses shall be required to answer all questions asked of them unless their answers would tend to incriminate them under any provisions of college policy.
- The decision of the hearing agent shall be made only on the basis of matters presented at the hearing. The hearing agent’s decision will be based on the preponderance of the evidence standard.
- The college/student shall be entitled to make a written or taped record of the events of the hearing. The college will require that all such records remain in its custody; provided, however, that the student has access to the record for all purposes relating directly to hearings and his/her appeals.
- The student shall be entitled to a written notice of the results and findings of the hearing and to an explanation of the decisions rendered against him or her.
- If the student’s continued presence on campus is viewed as disruptive or dangerous, the vice president for student life and/or the provost may ask the student to leave the college campus during the period of time that the hearing/appeal is being processed.
- The student shall have the right to appeal the decision of the hearing agent or conduct committee. Should he/she appeal, any action based on such decisions shall be held in suspense until acted upon by the vice president for student life or the provost. (For the appeal process please refer to that section)
- All disciplinary hearings are closed to the public. Persons in attendance at closed hearings shall be limited to: (a) the hearing agent or members of the judicial committee, (b) the student and his/her advocate and (c) the witnesses. Witnesses will be asked to withdraw after their statements have been received.
- If a student or group of students is asked to appear before a conduct hearing agent and if he/she/they fail to appear for the hearing or investigation without just cause, this will be considered a violation of college policy and such students will be subject to further disciplinary action.
Last updated 7/23/2013