26. Rights in Student Conduct Proceedings (Revised: 2002)

26.1 The following rights apply to a student conduct proceeding that might result in expulsion, dismissal or suspension. Accused students subject to less severe sanctions may, at the discretion of the administrative hearing officer or board chair, be afforded but are not guaranteed the following rights:

26.1.1 Right to be informed in writing of all charges at least three class days before any hearing may proceed.

26.1.2 Right to waive the three-day notice of charges.

26.1.3 Right to reasonable access to the case file, which shall be maintained in the Office of Student Affairs or the Office of the Commandant.

26.1.4 Right to remain silent.

26.1.5 Right to have a personal advisor/counselor present during the student conduct proceedings. A personal advisor or counselor or attorney may appear at an administrative hearing with the accused student to provide advice but may not represent the student or directly question or cross-examine witnesses, except in a case where the university is represented by an attorney. When a Cadet 504 Board hears a case during the cruise period in lieu of the Campus Judicial Board, the accused cadet may not be afforded the right to have an attorney at the hearing if affording this right would preclude conducting the hearing in a timely manner.

26.1.6 Right to question witnesses.

26.1.7 Right to review all evidence.

26.1.8 Right to present witnesses.

26.1.9 Right to request an open proceeding.

26.1.10 Right to a written statement of the outcome of the proceeding.

26.1.11 Right to make a non-intrusive record of the proceeding at the accused student's own expense.

26.1.12 Right to appeal the decision through the appropriate university panel (see Part III). A student subjected to any minor disciplinary sanction shall have the right to an appropriate administrative appeal. For members of the Corps of Cadets, appeals of minor disciplinary sanctions not assigned by the Commandant will be reviewed by the Commandant.

26.2 The following rights apply to the victim in student conduct proceedings:

26.2.1 Right not to have to be in attendance at the student conduct proceeding.

26.2.2 Right to submit a victim impact statement which details the alleged consequences suffered by the victim.

26.2.3 Right to have a personal advisor/counselor accompany her/him during the student conduct proceeding. An attorney may appear at the student conduct proceeding with the victim to provide advice but may not represent the victim or directly question or cross-examine witnesses, except in a case where the university is represented by an attorney.

26.2.4 Right to request immediate on-campus housing relocation (based on available space), transfer of classes, or other steps to prevent unnecessary or unwanted contact or proximity to the accused, when such contact is likely to place the victim in danger of bodily injury and/or cause the victim severe emotional distress.

26.2.5 Right to be informed of the outcome of the hearing upon request. The proceedings and outcome of all student conduct proceedings are considered confidential information in accordance with the Family Educational Rights and Privacy Act of 1974. Such information should not be shared outside the proceedings, unless the proceeding has been declared an open proceeding.

26.2.6 Right to not have her/his past behavioral history discussed during the student conduct proceeding. Questions of relevancy shall be determined by the hearing officer.

26.2.7 Right to make a non-intrusive record of the proceeding at the victim's own expense.

26.3 The focus of inquiry in student conduct proceedings shall be the determination of whether a violation of university rules occurred. Formal rules of evidence shall not be applicable, nor shall deviations from prescribed procedures necessarily invalidate a decision or proceeding unless significant prejudice to the student or university may result.

26.4 In all student conduct proceedings, the accused shall be presumed innocent until it is proven that a violation of university rules occurred.

26.5 In all initial student conduct proceedings, the burden of proof shall rest with those bringing the charges, and said burden of proof shall be by a preponderance of the evidence.

26.6 A student may not be expelled, dismissed or suspended prior to a student conduct proceeding. When, however, the Associate Vice President for Student Affairs believes that the presence of a student on campus poses a continuing danger to persons or property or presents a threat of disrupting the academic process, an interim suspension may be imposed. A student conduct proceeding will be scheduled as soon thereafter as practicable.

26.7 An open hearing may be held only if all students involved provide written consent to disclose any and all information which might be released from their educational record during the course of the hearing.