4.2 Student Rights and Due Process in the CRP

  • 4.2.1 Right to a Complaint Resolution Procedures Students alleged to have violated the Code will be afforded the opportunity to resolve the allegation within the established CRPs.
  • 4.2.2 University Conduct Advisor All involved students have the right to a University conduct advisor. The conduct advisor must be a member of the University community (student, faculty, administrator, staff, coach, recognized University affiliate). The advisor must have experience or knowledge of the University conduct system. The role of the advisor is to provide support and to assist in preparing for the hearing. Since the complaint resolution process is not a civil or criminal court hearing, the advisor’s role is not that of an attorney. This person may not address the hearing officer or hearing board or ask questions of any witnesses. For assistance in securing an advisor, contact SCI.
  • 4.2.3 Witnesses Witnesses are permitted to participate in the complaint resolution proceedings. A list of witnesses must be submitted to the appropriate conduct officer no later than two (2) days prior to the administrative conference. Witnesses may present information on behalf of the student or the complainant. It is the responsibility of the student or the complainant to secure witnesses or witness statements. Witnesses may be questioned by the conduct officer or conduct board members, by the complainant, and by the student. Witness(es) will be asked to provide information concerning only the violation(s) being adjudicated. Since the complaint resolution process does not have the authority to subpoena, witness statements may be submitted in place of having witness(es) present during the hearing. Witness statements should be submitted to SCI no later than two (2) business days prior to the hearing for consideration by the board members.
  • 4.2.4 Standard of Proof is "more likely than not" that University policy has been violated (also referred to as preponderance of the evidence). Proof needs to show that the facts are more likely to be so than not so. Evidence, when considered and compared with that opposed to it, has more convincing force and produces in the hearing officer’s mind the belief that what is sought is more likely true than not true (Journal of College and University Law).
  • 4.2.5 Violation of Policy A student is considered to have violated the Code when the student: 1. Admits responsibility for a violation, or 2. Is found responsible for one or more violations of the Code determined by the University standard of proof.
  • 4.2.6 Conduct Process Environment All hearings are closed to the public. Only individuals involved in the situation may be present. Involved individuals may include:
    • Conduct officers and/or conduct board members,
    • Student accused of violating University policy,
    • University conduct advisor, • Complainant, and
    • Witnesses (witnesses will remain only for the duration of their own statement).

Contact

Student Conduct and Integrity
Hulman Memorial Student Union
Room 821
Office: 812.237.3800