Students and groups subject to disciplinary hearings through the Conduct Process are assured the following rights:
1. 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.
2. The student shall be entitled to view any materials gathered during an investigation. Students do not have a right to replicate, possess, or disseminate materials gathered during an investigation.
3. The students shall be entitled to a hearing by an impartial hearing agent, and they shall have the right to appear before the hearing agent.
4. The student shall be entitled to present his or her case through statements, questions, witnesses and other forms of evidence during the hearing.
5. 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 incriminate them under any provisions of College policy.
6. The hearing agent shall only consider evidence gathered during the investigation, relevant reports, and information presented at the hearing when making their decision. The hearing agent’s decision will be based on the preponderance of the evidence standard.
7. 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 their appeals. The College/ student must inform all other parties present in the hearing that the proceedings are being recorded and the means by which they are recording.
8. 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.
9. 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.
10. The student shall have the right to appeal the decision of the hearing agent on two grounds: they feel they did not receive a fair hearing and/ or they have new evidence to present that may change the outcome of the hearing.
11. All disciplinary hearings are closed to the public. Persons in attendance at closed hearings shall be limited to: (a) the hearing agent, (b) the student and his/her advisor and (c) witnesses. Witnesses will be asked to withdraw after their statements have been received.
12. If a student or group of students is asked to appear before a hearing agent and if they fail to appear for the hearing or investigation without just cause, the hearing will continue in their absence and this will be considered a violation of College policy and such students will be subject to further disciplinary action.
Last Updated 7/26/16