{"id":424,"date":"2024-09-05T14:21:25","date_gmt":"2024-09-05T14:21:25","guid":{"rendered":"https:\/\/www.smcm.edu\/tothepoint-2024\/?page_id=424"},"modified":"2024-09-16T20:29:12","modified_gmt":"2024-09-16T20:29:12","slug":"rights-of-the-respondent-and-complainant","status":"publish","type":"page","link":"https:\/\/www.smcm.edu\/tothepoint\/rights-of-the-respondent-and-complainant\/","title":{"rendered":"Article VI – Rights of Respondent and Complainant"},"content":{"rendered":"

Section 1: Rights of the Respondent\u00a0<\/span><\/h2>\n
    \n
  1. The right to be presumed not responsible until a preponderance of evidence indicates otherwise.\u00a0<\/span><\/li>\n
  2. The right to have his\/her case processed without prejudicial delay.\u00a0<\/span><\/li>\n
  3. The right to written notice of the charges no less than 48 hours before the hearing, except when faced with the end of\u00a0a semester. In such cases, the student may waive their right to 48 hours notification in order to expedite the\u00a0timely conclusion of a pending hearing. Otherwise, the student conduct officer may choose to have the hearing take\u00a0place during the break period or be held over to the next semester.\u00a0<\/span><\/li>\n
  4. The right to written notice of the time, date, and place of the hearing.\u00a0<\/span><\/li>\n
  5. The right to testify on his\/her behalf.\u00a0<\/span><\/li>\n
  6. The right to be present at the hearing.\u00a0<\/span><\/li>\n
  7. The right to request reasonable accommodations during the hearing, where the respondent has a disability that\u00a0requires assistance with participating in the hearing.\u00a0<\/span><\/li>\n
  8. The right to confront any witnesses appearing or evidence presented against him\/her, to produce eyewitnesses on\u00a0his\/her behalf, and to present evidence. The student conduct officer must have at least 48 hours in advance of hearing the names of any witnesses, copies of witness statements, and all evidence.\u00a0<\/span><\/li>\n
  9. The right to be assisted by an advisor of his\/her choice to provide support throughout the conduct process, subject to\u00a0the limitations described elsewhere in this document.\u00a0\u00a0<\/span><\/li>\n
  10. The right to written notice of the decision of the conduct board or hearing officer.\u00a0<\/span><\/li>\n
  11. The right to file an appeal for reasons outlined elsewhere in this document.\u00a0<\/span><\/li>\n<\/ol>\n

    \u00a0<\/span><\/p>\n

    Section 2: Rights of the Complainant\u00a0<\/span><\/h2>\n
      \n
    1. The right to have his\/her case heard by an appropriate hearing board or administrative hearing officer.\u00a0<\/span><\/li>\n
    2. The right to have his\/her case processed without prejudicial delay.\u00a0<\/span><\/li>\n
    3. The right to written notice of the charges no less than 72 hours before the hearing, except when faced with the end of\u00a0a semester. In such cases, the student may waive their right to 72 hours notification in order to expedite the\u00a0timely conclusion of a pending hearing. Otherwise, the student conduct officer may choose to have the hearing take\u00a0place during the break period or be held over to the next semester.\u00a0<\/span><\/li>\n
    4. The right to written notice of the time, date, and place of the hearing.\u00a0<\/span><\/li>\n
    5. The right to testify on his\/her behalf.\u00a0<\/span><\/li>\n
    6. The right to be present at the hearing.\u00a0<\/span><\/li>\n
    7. The right to request reasonable accommodations during the hearing, where the complainant has a disability that\u00a0requires assistance with participating in the hearing.\u00a0<\/span><\/li>\n
    8. The right to confront any witnesses appearing or evidence presented, to produce eyewitnesses on his\/her behalf, and\u00a0to present evidence. The student conduct officer must have at least 48 hours in advance of hearing the names of\u00a0any witnesses, copies of witness statements, and all evidence.<\/span><\/li>\n
    9. The right to be assisted by an advisor of his\/her choice to provide support throughout the conduct process, subject to the limitations described in this document.\u00a0<\/span><\/li>\n
    10. 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.\u00a0<\/span><\/li>\n
    11. The right to file an appeal for reasons outlined in the Student Code.\u00a0<\/span><\/li>\n<\/ol>\n

       <\/p>\n","protected":false},"excerpt":{"rendered":"

      Section 1: Rights of the Respondent\u00a0 The right to be presumed not responsible until a preponderance of evidence indicates otherwise.\u00a0 The right to have his\/her case processed without prejudicial delay.\u00a0 The right to written notice of the charges no less than 48 hours before the hearing, except when faced with the end of\u00a0a semester. In Find out more »<\/a><\/p>\n","protected":false},"author":257,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_acf_changed":false,"_genesis_hide_title":false,"_genesis_hide_breadcrumbs":false,"_genesis_hide_singular_image":false,"_genesis_hide_footer_widgets":false,"_genesis_custom_body_class":"","_genesis_custom_post_class":"","_genesis_layout":"","jetpack_post_was_ever_published":false,"footnotes":""},"class_list":{"0":"post-424","1":"page","2":"type-page","3":"status-publish","5":"entry"},"acf":[],"jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/www.smcm.edu\/tothepoint\/wp-json\/wp\/v2\/pages\/424","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.smcm.edu\/tothepoint\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/www.smcm.edu\/tothepoint\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/www.smcm.edu\/tothepoint\/wp-json\/wp\/v2\/users\/257"}],"replies":[{"embeddable":true,"href":"https:\/\/www.smcm.edu\/tothepoint\/wp-json\/wp\/v2\/comments?post=424"}],"version-history":[{"count":0,"href":"https:\/\/www.smcm.edu\/tothepoint\/wp-json\/wp\/v2\/pages\/424\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.smcm.edu\/tothepoint\/wp-json\/wp\/v2\/media?parent=424"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}