Rights

IV. Rights

Charged Students Victims

1. Charged Students
   A charged student alleged to have violated the Code of Conduct or any University policy is entitled to:
   1. Be informed of the policy(s) alleged to have been violated, the sanctions to be applied if any policy was violated and the process for responding to the allegation(s) or appealing recommended sanctions.
   2. Be notified of available counseling, mental health or medical services on campus.
   3. Have a case resolution conference (undergraduate students) or board hearing (graduate students) within a reasonable period of time after the conduct is communicated to student. Once a case resolution conference or board hearing is scheduled, it may only be postponed for cause by the office managing the case.
   4. Receive written notice of the date, time and location of the case resolution conference or board hearing at least five business days prior to the conference or board hearing.
   5. Be informed about the status of a case at any point during the conduct process.
   6. Prior to the case resolution conference or board hearing, review all documents and materials related to the case which are in the possession of the office managing the case. Such materials may be edited to shield the identity of any involved persons when officials believe that confidentiality is necessary to avoid risk to those persons. Note: the office managing the case does not always receive all information that may eventually be presented during a case resolution conference or board hearing. Therefore conduct files will not, in all cases, contain all information in the possession of the party who filed the report.
   7. Know the names of all witnesses known by the office managing the case who will participate in the case resolution conference or board hearing (subject to provisions in this Student Guide regarding protecting witness identity). The office managing the case may not know the names of all witnesses in advance of the case resolution conference or board hearing.
   8. Be free of any form of retaliation and to report such retaliation for appropriate action.
   9. Appear in person and present information on one's behalf, call witnesses, and ask questions of those present at the case resolution conference or board hearing, except in a case resolution conference or board hearing involving a victim, who may elect to have questions screened and asked by the case resolution conference manger or board chair. May also elect not to appear at the case resolution conference or board hearing. Absence will be noted without prejudice, but the case resolution conference or board hearing may be conducted in the charged student’s absence.
   10. Refuse to answer any question or make any statement.
   11. Have past unrelated behavior excluded from the case resolution conference or board hearing.
   12. Be assisted by a student conduct advisor of one's choice, provided that person was not involved in the incident upon which the case is based. It is the responsibility of the charged student to obtain a student conduct advisor if so desired. A student conduct advisor should be selected promptly. The student is encouraged to provide the student conduct advisor’s name to the office managing the case at least three business days prior to the case resolution conference or board hearing. The student conduct advisor may:
       1. Advise the charged student on the presentation of a response to the pending policy violation(s);
       2. Accompany the charged student at all student conduct meetings; and
       3. Advise the charged student in the preparation of any appeal.
   13. In limited situations, have legal counsel.
       1. Legal counsel may be present only in the following circumstances:
          1. When the charged student is charged both within the student conduct process and with a felony offense in an off-campus criminal court system; and
          2. When the charged student’s case resolution process occurs before the off-campus criminal process has been completed.
       2. If legal counsel is present
          1. Legal counsel may only serve only as an advisor and may only provide recommendation to the charged student on whether to answer a question in order to safeguard the student from self-incrimination. The legal counsel may not question witnesses, object to questions, or otherwise participate in the case resolution process. The charged student must inform the office managing the case of the name of the legal counsel at least three business days prior to the any case process resolution meeting; and
          2. the University may, at its discretion, allow its own counsel also to be present.
   14. Initiate an appeal.
   15. Participate in the appeal process, if initiated by a victim.
   16. Waive any of the rights contained in this subsection.
2. Victims
   A victim is entitled to:
   1. Be notified of available counseling, mental health or medical services on campus.
   2. Change living arrangements on campus and the right to reasonable academic accommodations, in accordance with applicable housing contracts and policies, and any other applicable University policies and procedures.
   3. Be free of any form of retaliation and to report such retaliation for appropriate action.
   4. Request a ban from contact against the charged student.
   5. Decide whether or not to notify law enforcement authorities.
   6. Decide whether or not to file a formal report within the student conduct process.
   7. Be assisted by a student conduct advisor of one’s choice, provided that person was not involved in the incident upon which the case is based. It is the responsibility of the victim to obtain a student conduct advisor if so desired. A student conduct advisor should be selected promptly. The victim is encouraged to provide the student conduct advisor's name to the office managing the case at least three business days prior to the case resolution conference. The student conduct advisor will have the same role as a student conduct advisor for a charged student.
   8. Be informed about the status of a case at any point during the conduct process.
   9. Review all documents to be presented at the case resolution conference or board hearing that are made available to the charged student.
   10. Be present at the case resolution conference or board hearing, in its entirety or any portion the victim chooses to attend.
   11. Be separated from the charged student during the case resolution conference or board hearing. In addition to being separated, a victim may choose to not allow the charged student to directly ask questions of the victim. Rather, questions shall be provided by the charged student to the case resolution manager or board chair, who, after screening for appropriateness and relevance, shall ask the questions to the victim.
   12. Know the names of all witnesses known by the office managing the case who will participate in the case resolution conference or board hearing (subject to provisions in this Student Guide regarding protecting witness identity), and the right to suggest potential witnesses to be called (the presenting party will ultimately decide which witnesses to present). The office managing the case may not know the names of all witnesses in advance of the case resolution conference or board hearing.
   13. Have past unrelated behavior excluded from the case resolution conference or board hearing.
   14. Be notified of the outcome and sanctions affecting the victim as soon as possible.
   15. Participate in the appeal process, if initiated by a charged student.
   16. Initiate an appeal alleging a violation of any of the above rights occurred.
   17. Waive any of the rights contained in this subsection.