To The Point Student Handbook 2013-2014

More Rights Policies

Article VII - RIGHTS OF THE RESPONDENT AND COMPLAINANT 

Section 1: Rights of the Respondent 

  1. The right to be presumed not responsible until a preponderance of evidence indicates otherwise. 
  2. The right to have his/her case processed without prejudicial delay. 
  3. The right to written notice of the charges no less than 72 hours before the hearing, except when faced with the end of a semester. In such cases, the student may waive his or her right to 72 hours notification in order to expedite the timely conclusion of a pending hearing. Otherwise, the student conduct officer may choose to have the hearing take place during the break period or be held over to the next semester. 
  4. The right to written notice of the time, date, and place of the hearing. 
  5. The right to testify on his/her behalf. 
  6. The right to be present at the hearing.  
  7. The right to confront any witnesses appearing or evidence presented against him/her, to produce eyewitnesses on his/her behalf, and to present evidence. The student conduct officer must have at least 48 hours in advance of the hearing the names of any witnesses, copies of witness statements, and all evidence. 
  8. The right to have an advisor of his/her choosing present at the hearing. The advisor may not participate in the hearing but may only provide advice to the respondent. The advisor must be a member of the College community. The student conduct officer must be notified at least 48 hours in advance of the hearing. 
  9. The right to have an attorney present at the conduct hearing. The student conduct officer must be notified at least 48 hours in advance of the hearing. The attorney may not participate in the hearing, does not have a speaking role, and may not address the board or hearing officer. The attorney may only provide advice to the respondent. 
  10. The right to written notice of the decision of the conduct board or hearing officer. 
  11. The right to file an appeal for reasons outlined in Article VI, Section 1 and 2 of the Student Code.

Section 2: Rights of the Complainant 

  1. The right to have his/her case heard by an appropriate hearing board or administrative hearing officer. 
  2. The right to have his/her case processed without prejudicial delay.  
  3. The right to written notice of the charges no less than 72 hours before the hearing, except when faced with the end of a semester. In such cases, the student may waive his or her right to 72 hours notification in order to expedite the timely conclusion of a pending hearing. Otherwise, the student conduct officer may choose to have the hearing take place during the break period or be held over to the next semester. 
  4. The right to written notice of the time, date, and place of the hearing. 
  5. The right to testify on his/her behalf. 
  6. The right to be present at the hearing.  
  7. The right to confront any witnesses appearing or evidence presented, to produce eyewitnesses on his/her behalf, and to present evidence. The student conduct officer must have at least 48 hours in advance of the hearing the names of any witnesses, copies of witness statements, and all evidence. 
  8. The right to have an advisor of his/her choosing present at the hearing. The advisor may not participate in the hearing but may only provide advice to the complainant. The advisor must be a member of the College community. The student conduct officer must be notified at least 48 hours in advance of the hearing. 
  9. Complainants directly involved with a case may obtain outcome information from the student conduct officer on a need-to-know basis. The student conduct officer retains the right to keep outcome information confidential if there is insufficient reason for disclosure.  
  10. The right to file an appeal for reasons outlined in Article VI, Section 1 and 2 of the Student Code.