Rights of a Student Charged

1. Accept responsibility for their actions and verify that the allegation(s) issued are correct.

If this option is chosen, the conduct officer assigned will determine the appropriate sanction(s), and the student will automatically waive their rights associated with a hearing (see “Rights of a Student Charged” listed below).

2. Deny responsibility for the allegation(s) and request that an Administrative Hearing

Board be convened to review the case.

3. Deny responsibility for the allegation(s) and request that a Student Hearing Board be convened to review the case. (This option may be selected only during the academic year when the Student Hearing Board is in session.) Where students fail or refuse to participate in the informational meeting, the complaint will be referred to the Director of Community Standards or designee to make a determination of whether, based on a preponderance of evidence (i.e., it is more likely than not), the student charged is responsible. If the student charged is found responsible, the Director or designee will determine the appropriate sanction. Note: The Office of Community Standards reserves the right to assign cases directly to the Administrative Hearing Board.

Informal Resolution At any time during the conduct process before a hearing is held, an informal resolution may be pursued where the University in its sole discretion deems it to be appropriate. Informal resolution, which is optional, is designed to obtain an expedient solution acceptable to the University and the student charged without the necessity for conducting further formal disciplinary proceedings. The purpose is to attempt through discussion and inquiry to make an effort to resolve or work out the issue in a non-adversarial manner. Informal resolutions may include educational activities, community service, restitution, mediation, no-contact orders, and other items as appropriate to the situation. Where the University proposes an informal resolution and the student charged agrees, the Director of Community Standards or designee will provide the student charged with a written statement reflecting the terms of the resolution and stating that the agreed-upon resolution will be undertaken, and the student charged must sign the statement. Once the student signs the written statement of informal resolution, the matter will be deemed closed, and the student charged will not be permitted to appeal, contest, reopen, or otherwise attempt to set aside the terms of the alternative resolution, unless agreed to by the University. If the University and the student charged are unable to agree upon terms of an informal resolution, the matter will be handled in accordance with the conduct process.

Rights of a Student Charged

If an Administrative or Student Hearing Board is convened, a student charged with a violation has the following rights: • The student shall be informed by the Office of Community Standards, in writing, of the date, time, and place of the hearing. The student shall be allowed a reasonable amount of time (approximately five (5) calendar days) to prepare a statement and secure supporting information. The student may choose to waive the five (5) days of preparation in order to expedite the hearing process.

• The student charged with a policy violation shall have the right to speak on their own behalf, to present witnesses, to challenge the evidence, and to question both the accuser and the witnesses if either/both appear. If not, the student charged may challenge any written statements that were submitted. A student may, upon request, receive a written list of all witnesses mandated to attend the hearing. The student charged may call upon witnesses to speak on the student’s behalf. A written list of these witnesses or any signed witness statements must be submitted to the Office of Community Standards for final approval at least two (2) business days prior to the hearing. It is the student’s responsibility to notify witnesses of the time, date, and place to appear. • The student charged may review evidence, documents, and reports pertaining to the incident prior to the hearing by making an appointment, during regular business hours, with an authorized, designated University official from the Dean of Students Office. The

University reserves the right to have a University representative present during any review of case file material. Should the student charged have any additional evidence in the form of pictures, documents, or other written materials that the student would like to present as evidence, the student must submit these materials to the Office of Community

Standards for approval at least two (2) business days prior to the hearing. Approval of any additional materials provided by the student charged is at the sole discretion of the

University. • The student charged may elect not to appear at the hearing. Absence shall be noted without prejudice, the hearing will be conducted in the student’s absence, and a decision will be rendered. • The student charged has the right to request the removal of a member of the board for a conflict of interest. • The student must be prepared to substantiate this contention. Removal of a member of the board may be granted or denied based on the University’s determination as to whether or not there is just cause. • The student shall have the right to seek an advisor of the student’s choice, who may help the student prepare for the hearing, but may not speak on behalf of the student.

Written notification of an advisor and an executed ADVISOR FORM must be submitted to the Office of Community Standards at least one (1) business day prior to the hearing. Advisor substitutions may be made after this point, but only if a previously submitted ADVISOR FORM is on file. • The student shall be entitled to one (1) adjournment with just cause, as long as the request is made at least two (2) business days prior to the hearing. The Office of

Community Standards will determine if an adjournment is warranted. Adjournments cannot be made to accommodate the schedule of an advisor or other student witnesses.

Any additional adjournments may be granted or denied at the University’s discretion. • Where more than one student has been charged in the same alleged incident, the

University maintains the right to conduct a group Administrative Hearing Board hearing or group Student Hearing Board hearing, when it deems it to be appropriate. Each individual who has been charged has the right to request an individual hearing by making a request in writing to the Office of Community Standards showing just cause. The

Office of Community Standards will determine if an individual hearing is warranted. In the event of a group hearing, each individual charged will have the opportunity to separately present an opening and closing statement to the board, and to be questioned separately by the board. All individuals charged will be present for the questioning of