Student Conduct: Due Process Rights

An individual student, or a student representing a student club or organization, alleged to have violated university policy is entitled to the due process rights and procedural guarantees listed below to insure a fair hearing:

• Accused Given Advance Notice of Charges
  The student or organizational representative will be provided with a written notice of charges in advance and in reasonable detail so as to allow the student or organization representative to participate and respond at the disciplinary conference and/or University Hearing Board hearing.
  
  
• Accused May Question Evidence and Present Defense
  Although the student or organizational representative may remain silent during a disciplinary conference and/or University Hearing Board hearing, they may choose to refute or question any evidence or witness presented. In addition, they will be given the opportunity to present a defense against the charges and to produce witnesses or written affidavits on their behalf.
  
  
• Accused May Have an Advisor
  To assist in preparation of their remarks, students or organizational representatives may chose an advisor, who may be present at the disciplinary conference or University Hearing Board hearing, but who may not participate in the proceedings. An advisor is limited to assisting the referred student or organizational representative with their questions or answers, but may not speak during the proceedings.
  
  
• Accused May Challenge Objectivity
  At a University Hearing Board hearing, students or organizational representatives may challenge the objectivity of any Board member, giving reasonable cause to believe that the member may be biased or have some conflict of interest. The Associate Dean of Students or their designee will make a final ruling on any such challenge.
  
  
• Outcome Based on the Preponderance of the Evidence
  The outcome of the disciplinary conference and/or University Hearing Board hearing will be determined solely on the basis of the presented evidence and preponderance of the evidence. The "Preponderance of the evidence" is the standard of review in the student discipline process which evaluates whether it is more likely than not that the student did violate a Student Code of Conduct provision and/or University policy.
  
  
• Accused May Appeal
  Following the disciplinary conference and/or University Hearing Board hearing, the student or organizational representative may appeal the decision made by hearing officer or University Hearing Board, provided there are appropriate grounds for appeal as outlined in the Student Code of Conduct.