Judicial Services Victim & Referred Student Rights
Victim's Rights
- The alleged victim has the right to be informed of the judicial process prior to any disciplinary action involving the incident and has the option of discontinuing the process if he or she is the only witness.
- The alleged victim has the right to attend the hearing that involves the referred student. The alleged victim has the option of providing testimony regarding the incident. The Office of Student Judicial Services will attempt to make special accommodations when deemed necessary. The alleged victim will be listened to and treated with respect.
- The alleged victim is entitled to bring an adviser, friend, counselor or parent during testimony at the hearing. All hearings are closed to the public and are confidential.
- The alleged victim shall be informed of the outcome of the disciplinary hearing and the alleged victim is required to keep the outcome confidential. In the event the referred student appeals the decision, the director of judicial services will keep the victim informed of the status of those appeals.
- The alleged victim may request changes in his/her academic and/or living situation. The University will accommodate such changes if reasonably possible.
Rights of the Referred Student
The University's complete Administrative Disciplinary Procedures can be found in the "Student Discipline Policies"section of the Student Handbook. The following points are condensed from those policies:
- In investigating alleged violations of student regulations, University judicial officials, student judicial board members and administrative hearing board members shall respect an individual's right to remain silent.
- Pending action on alleged violations of University regulations or pending final disposition of any appeal, the status of a student shall not be altered nor shall there be a suspension of a student's right to be present on campus to attend classes, except when an interim suspension has been imposed.
- A student who is alleged to have violated a public law may also have violated a student regulation and will be subject to dual jurisdiction. This means that the University can process a student's case separately from any action taken by the criminal justice system.
- In the case of an alleged violation of a student regulation, a student is required to meet with a University judicial official, the student judicial board or an administrative hearing board to facilitate the resolution of the case. Prior cases of discipline cannot be used against a student in determining whether or not the action is a violation of a student regulation. However, prior discipline can be used in determining the sanction if the student is found in violation of a student regulation. Failure to meet with a University official will result in an additional charge of failure to comply and may result in forfeiture of certain procedural rights.
- A University judicial official shall inform a student in writing of the reasons for any proposed disciplinary action in sufficient time to ensure that the student has an opportunity to prepare for a hearing, if applicable.
- To assist in preparing for a disciplinary hearing and to assist the student at such a hearing, a student may choose one adviser. This adviser may be a member of the University staff, the student body or any other individual the student chooses. The adviser's role is limited to communicating directly with the student, and the adviser may not directly participate in the hearing or ask questions of the student or witnesses.
- The student is responsible for contacting any witnesses on his/her behalf.