Rights of Accused Students

Throughout the disciplinary process the accused student has the following rights:

  1. To receive a written notice of the complaint .

  2. To be accompanied by an advisor during any conference with the Office of the Dean of Students and/or during any hearing.  The role of the advisor is to provide support and guidance to the accused student.  The advisor is not permitted to speak for, or on behalf of, the accused student during any phase of the disciplinary process, including a hearing.

  3. To call witnesses for their testimony at any hearing.

  4. To be notified in writing of any disciplinary sanctions imposed.

  5. To request a review by the Vice Chancellor of Student Success and Enrollment Management (or another designated review officer) if sanctions have been imposed.  The basis of a review is limited to determining whether:

  • The established disciplinary process was not followed, to the prejudice of the student;

  • The findings in the disciplinary process was clearly erroneous;

  • The sanction imposed in the disciplinary process was arbitrary or capricious; or

  • There is new information regarding the outcome of the case had the information been available during the disciplinary proceedings.  Only information that could not have been available at the time of the initial decision will be considered as new information, and it must be turned in at the time of the request for a review.

The purpose of a review by the Vice Chancellor or other designated review officer is not to provide a second hearing for the case.  The review will be done on the record of the case only.  The review officer will not meet with the student or rehear the case.

  1. To review, upon request, the contents of the disciplinary file.

  2. To have information relating to the disciplinary proceedings be kept confidential, as provided for in the Family Educational Rights and Privacy Act of 1974, and in the Campus Security Act as Amended by the Higher Education Amendments of 1992.  The amendments require that both the accuser and accused by informed of the outcome of any campus disciplinary proceedings resulting from alleged sexual assault.

The University considers the student disciplinary process a learning experience that can result in growth and personal understanding of one's responsibilities and privileges within the University community.  Therefore, it is the responsibility of the student accused of misconduct to participate conscientiously in the disciplinary process.  This includes the reading of this document, adhering to stated deadlines, attending scheduled meetings, and participating in all proceedings.  Failure to meet these responsibilities may result in a disciplinary decision being made without the benefit of the student's participation.