Rights

IV. Rights

Responding Party Complainant

1. Responding Party
   A 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 Student 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 the information that may eventually be presented during a case resolution conference or board hearing. Accordingly, student 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 from any form of retaliation, as defined by the University's Non-Discrimination, Sexual Misconduct and Title IX Policy, and have the right to report such retaliation for appropriate action.
   9. Participate in the case resolution conference or board hearing 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 Complainant, who may elect to have questions screened and asked by the Case Resolution manger or board chair.
   10. Choose not to participate in the case resolution conference or board hearing. Absence will be noted without prejudice, but the case resolution conference or board hearing will be conducted in the charged Responding Party's absence.
   11. Refuse to answer any question or make any statement.
   12. Have past unrelated behavior excluded from the case resolution conference or board hearing.
   13. 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 Responding Party to obtain a Student Conduct Advisor and make the selection promptly. The Responding Party 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 Responding Party on the presentation of a response to the pending policy violation(s);
       2. Accompany the Responding Party at all Student conduct meetings; and
       3. Advise the Responsing Party in the preparation of any appeal.
   14. Initiate an appeal.
   15. Participate in the appeal process, if initiated by a Complainant.
   16. Waive any of the rights contained in this subsection.
2. Complainants
   A complainant 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, as defined by the University's Non-Discrimination, Sexual Misconduct and Title IX Policy, and have the right to report such retaliation for appropriate action.
   4. Request a ban from contact against the Responding Party.
   5. Decide whether or not to notify law enforcement authorities.
   6. Decide whether or not to file a formal report alleging a violation of the Code of Conduct and/or other University policies.
   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 Complainant to obtain a Student Conduct Advisor and make the selection promptly. The Responding Party 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 will have the same role as the Student Conduct Advisor for a Responding Party.
   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 Responding Party.
   10. Be present at the case resolution conference or board hearing, in its entirety or any portion the Complainant chooses to attend.
   11. Be separated from the Responding Party during the case resolution conference or board hearing. In addition to being separated, a Complainant may choose to not allow the Responding Party to directly ask questions of the Complainant. Rather, questions shall be provided by the Responding Party to the case resolution manager or board chair, who, after screening for appropriateness and relevance, shall ask the questions to the Complainant.
   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 Reporting 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 Complainant as soon as possible.
   15. Participate in the appeal process, if initiated by a Responding Party.
   16. Initiate an appeal alleging a violation of any of the above rights occurred.
   17. Waive any of the rights contained in this subsection.