Throughout his/her involvement in the disciplinary process, a respondent has the following rights and responsibilities:

1. Fair Treatment.
   1. The respondent has the right to be treated with dignity and respect.
   2. The respondent has the right to be considered not responsible of all charges unless found responsible by a hearing body. However, this right will not prevent the University from taking necessary interim action as specified in Chapter VII of this Honor Code.
   3. The respondent has the right to information regarding the student conduct process and their role within that process.
   4. The respondent has the right to object to a member of a hearing body based on a demonstrable significant bias.
   5. The respondent has the responsibility to request reasonable accommodations (i.e., for disability, language barriers, or location/proximity concerns) to allow the respondent tofully participate in the Student Conduct Process. Requests must be received by OSC no later than 72 hours before the scheduled start of the hearing.
   6. The respondent has the responsibility to notify the Director of Student Conduct (OSC), or an Associate Provost for Student Life, if they feel fair and equitable treatment has not been given.
2. Privacy
3. 1. The respondent has the right to privacy regarding their student conduct case throughout the student conduct process with respect to all parties without a legitimate educational interest.
   2. The respondent has the right, upon request, to have reasonable steps taken by the University to prevent unnecessary or unwanted contact with a complainant.
   3. The respondent has the responsibility to notify the Director of OSC, or an Associate Provost for Student Life, if they feel reasonable steps need to be taken in order to protect these rights.
4. Presence of a Support Person.
5. 1. The respondent has the right to have a support person of their choice present throughout the student conduct process. The support person may consult with the respondent, but may not actively participate in any student conduct proceeding, which includes serving as a witness.
   2. The respondent has the responsibility to notify their support person of the time, date, and location of any student conduct proceedings. Proceedings will not be rescheduled to accommodate a support person.
   3. The respondent has the responsibility to provide notification of their support person to OSC no later than 48 hours before the scheduled start of the hearing. The support person's name will be made available to the complainant, and an opportunity given to voice any objections to their participation no later than 24 hours before the scheduled start of the hearing. OSC has the authority to exclude any individual from participation, based on a reasonable objection. Failure to provide names prior to the hearing may be grounds to exclude a support person.

   The Division of Student Life provides professional staff or trained students who can assist respondents as Student Life Conduct Liaisons during the Conduct Review Board process. Click herefor more information.

6. Written Notice
7. 1. The respondent has the right to proper written notification of any hearing conducted as a result of a report in which they are involved. This notice will include the following:
   1. The time, date, and location of the hearing;
   2. The process if a student chooses not to appear at the hearing;
   3. A written copy of the report, including the name(s) of the reporting party and charges being considered;
   4. A list of all complainants and to be called by the University; and
   5. The procedures for requesting a change in the time or date of the hearing.
   2. The respondent has the responsibility to ensure the University has been provided with accurate address and other contact information so that notification is not unduly delayed.

    

8. Hear and Provide Testimony
9. 1. The respondent has the right to hear all witnesses and information presented during a hearing. This does not include the right to question witnesses.
   2. The respondent has the right to present information and witnesses that they feel are important and relevant to the incident. Only those witnesses with information directly relevant to the incident being considered will be allowed to appear before the hearing body.
   3. The respondent has the right not to present evidence. This right should not be construed to allow the respondent to present false or misleading information.
   4. The respondent has the responsibility to respond to any witnesses or information at the time such evidence is presented. A hearing body is not required to consider any rebuttal made after a witness has been dismissed. Any response must be directed to the hearing body and not to a witness.
   5. The respondent has the responsibility to inform any witnesses they wish to call of the time, date, and location of the hearing, and to have on hand all evidence they wish to present at the time of the hearing.
   6. The respondent has the responsibility to provide prior notification of any witness to OSC no later than 48 hours before the scheduled start of the hearing. These names will be made available to the complainant, and an opportunity given to voice any objections to their participation no later than 24 hours before the scheduled start of the hearing. OSC has the authority to exclude any individual from participation, based on a reasonable objection. Failure to provide names prior to the hearing may be grounds to exclude witnesses.

    

10. Written Decision and Appeal
11. 1. The respondent has the right to proper written notification of the results of their student conduct hearing. This notice will include the following:
    1. The rationale for the finding;
    2. The specific Student Conduct Policies the respondent has been found responsible for violating;
    3. The outcomes imposed; and
    4. The procedures for filing an appeal.
    2. The respondent has the right to appeal the outcome of the hearing.
    3. The respondent has the responsibility to comply with all outcomes imposed as the result of a student conduct hearing once an appeal decision has been given.

Throughout their involvement in the student conduct process, a complainant has the following rights and responsibilities:

1. Fair Treatment.
1. The complainant has the right to be treated with dignity and respect.
2. The complainant has the right to information regarding the student conduct process and their role within that process.
3. The complainant has the right to object to a member of a hearing body based on a demonstrable, significant bias.
4. The complainant has the responsibility to request reasonable accommodations (i.e., for disability, language barriers, or location/proximity concerns) to allow the respondent to fully participate in the Student Conduct Process. Requests must be received by OSC no later than 72 hours before the scheduled start of the hearing.
5. The complainant has the responsibility to notify the Director of Student Conduct (OSC), or an Associate Provost for Student Life, if they feel fair and equitable treatment has not been given.
2. Privacy.
1. The complainant has the right to privacy regarding their student conduct case throughout the student conduct process with respect to all parties without a legitimate educational interest.
2. The complainant has the right to be free from intimidation and harassment, and upon request, to have reasonable steps taken by the University to prevent unnecessary or unwanted contact with the respondent(s).
3. The complainant has the responsibility to notify the Director of OSC, or an Associate Provost for Student Life, if they feel reasonable steps need to be taken in order to protect these rights.
3. Presence of a Support Person.
1. The complainant has the right to have a support person of their choice present throughout the student conduct process. The support person may consult with the complainant, but may not actively participate in any student conduct proceeding, which includes serving as a witness.
2. The complainant has the responsibility to notify the support person of the time, date, and location of any student conduct proceedings. Proceedings will not be rescheduled to accommodate a support person.
3. The complainant has the responsibility to provide notification of their support person to OSC no later than 48 hours before the scheduled start of the hearing. The support person's name will be made available to the respondent, and an opportunity given to voice any objections to their participation no later than 24 hours before the scheduled start of the hearing. OSC has the authority to exclude any individual from participation, based on a reasonable objection. Failure to provide names prior to the hearing may be grounds to exclude a support person.

The Division of Student Life provides professional staff or trained students who can assist complainants as Student Life Conduct Liaisons during the Conduct Review Board process. Click herefor more information.

• Written Notice.

1. The complainant has the right to proper written notification of any hearing conducted as a result of a report filed by them or on their behalf. This notice will include the following:
1. The time, date, and location of the hearing;
2. The consequences of failure to appear at the hearing;
3. A written copy of the report, including the charges being considered;
4. A list of all responding students and/or witnesses to be called by the University; and
5. The procedures for requesting a change in the time or date of the hearing.
2. The complainant has the responsibility to ensure the University has been provided with accurate address and other contact information so that notification is not unduly delayed.

• Hear and Provide Testimony.

1. The complainant has the right to hear all witnesses and information presented during a hearing. This does not include the right to question witnesses.
2. The complainant has the right to present information and witnesses that they feel are important and relevant to the incident. Only those witnesses with information directly relevant to the incident being considered will be allowed to appear before the hearing body.
3. The complainant has the right to provide a written impact statement to the hearing body, to be considered when determining outcomes should the respondent be found responsible for violating any Student Conduct Policies.
4. The complainant has the responsibility to participate in any hearing conducted as the result of the report, or risk the forfeiture of their right to appeal.
5. The complainant has the responsibility to respond to any witnesses or information at the time such evidence is presented. A hearing body is not required to consider any rebuttal made after a witness has been dismissed. Any response must be directed to the hearing body and not to a witness.
6. The complainant has the responsibility to inform any witnesses they wish to call of the time, date, and location of the hearing, and to have on hand all evidence they wish to present at the time of the hearing.
7. The complainant has the responsibility to provide prior notification of any witness to OSC no later than 48 hours before the scheduled start of the hearing. These names will be made available to the respondent, and an opportunity given to voice any objections to their participation no later than 24 hours before the scheduled start of the hearing. OSC has the authority to exclude any individual from participation, based on a reasonable objection. Failure to provide names prior to the hearing may be grounds for excluding witnesses.

• Written Decision and Appeal.

1. The complainant has the right to proper written notification of the results of any student conduct hearing convened as a result of a report they filed if the complainant is a victim of an alleged crime of violence or a non-forcible sex offense. If the victim dies as a result of the crime or offense the alleged victim's next of kin has the right to notification. This notification will include the following:
1. The rationale for the finding;
2. The specific Student Conduct Policies the student has been found responsible for violating;
3. The outcomes imposed; and
4. The procedures for filing an appeal.
5. The complainant has the right to appeal the outcome of the hearing, unless this right has been waived or forfeited.

Please click here for Conduct Liaison contact information

A Student Life Conduct Liaison is a University of Denver professional staff member or current student who serves as a Liaison for a student who is a complainant or respondent to a violation of the Honor Code and will be appearing before a Conduct Review Board. The Student Life Conduct Liaison will maintain an objective position in advising the student. The Liaison is not an advocate who sides with either principal party involved in the disciplinary procedure, but rather a Liaison helps guide the student in the procedures of the processes.

What does a Student Life Conduct Liaison do?

• Help you review and comprehend the conduct process and the Conduct Review Board hearing
• Advise you of your options in the conduct process and the Conduct Review Board hearing
• Review reports and evidence with the you
• Inform you of expectations for preparation and procedures during Conduct Review Board hearing
• Discuss your rights and responsibilities under the Honor Code
• Help student understand the decisions and sanctions rendered by the Conduct Review Board
• Advise respondent or complainant on the Appeal process following a Conduct Review Board hearing

Who may utilize the service of a Conduct Liaison?

If you have been documented for allegedly violating policy or if you are bringing charges against another DU student, you have the right to obtain a Liaison for all hearings brought to a Conduct Review Board. You are not required to seek the help of a Liaison; however, going through a Conduct Review Board hearing may be overwhelming and intimidating. Therefore, the Student Life Division recommends that, if you are facing a Conduct Review Board, you should consider working with a Liaison. Student Life provides a ready resource of trained Conduct Liaisons willing to assist you.

How will I be connected with a liaison when I may need this service?

Once it is determined that you will be a respondent or complainant at a Conduct Review Board hearing, you will be provided with the link to the contact information of all Conduct Liaisons. You may select a Conduct Liaison whom you will work with to prepare for the Conduct Review Board hearing. It will be your responsibility to get in touch with the Conduct Liaison once you have received a Notice of CRB Hearing.

The University considers student conduct records to be part of a student's educational record, and as such the University complies with all applicable legislation, including but not limited to the Family Educational Rights and Privacy Act (FERPA). Further, the University's primary relationship is with its students, and not with their parents or guardians.

However, the University recognizes that parents or guardians maintain an interest in their students' behavior while at college, and can play a positive role in preventing further misconduct. Therefore, the University may notify the parents or guardians of any dependant student under the age of twenty-one who is placed on probation, or is suspended or dismissed from the University. The University also reserves the right to notify the parents or guardians of any dependent student under the age of twentyone who has been found responsible for violating any drug or alcohol polices. Notification may be deferred at the sole discretion of the Director of OSC.

This notification is intended as a means to encourage communication between students and their parents or guardians to provide the greatest level of support for the student. Regardless of whether notification has occurred, the University's priority and obligation is to correspond and otherwise conduct business directly with students, and not through parents, guardians, or any other third party.

The University recognizes the shared interest of the greater community in the resolution of student conduct cases. OSC will update their website on a quarterly basis with statistics on the student conduct process. These statistics may include the number of students found responsible for violating each of the Student Conduct Policies, as well as a summary of the outcomes assigned in the student conduct process.

Download an Appeal Form

Respondents and complainants have the right to appeal a decision made by a hearing body based on specific appeal criteria. An appeal will only be considered when the Appeal form, available on the OSC website, is completed and submitted to the OSC within five days of the date on the Notice of Decision letter. An extension to this deadline may be requested and can be granted at the discretion of the Director of OSC. The Director of OSC will then refer the Appeal to the appropriate Appellate Officer for review and determination of next action.

If an Appeal is received from either the complainant or respondent within five days of the date on the Notice of Decision letter, the Appeal may be forwarded to the other party(ies) involved in the case and the other party(ies) will be given the opportunity to submit a written response. If an Appeal is received from both the complainant and the respondent within five days of the date on the Notice of Decision letter, the Appeal may be forwarded to each of the parties involved and each will be given the opportunity to submit a written response. In either situation, the response(s) will only be considered when provided to the Appellate Officer within the expressed deadline.

Decisions made by the Appellate Officer will be made, and proper written notification provided, no later than five days after the Office of Student Conduct receives the Appeal. If there are extenuating circumstances, all parties involved will be notified that an extension beyond five days is necessary for the Appellate Officer in making a decision on the Appeal.

1. Appellate Criteria. The Appeal must include information to support the Appeal Criteria under which an appeal is being submitted. Appeals will only be considered in the following circumstances:
1. The existence of procedural errors so substantial that it greatly impacted the hearing decision;
2. The hearing decision in the original hearing is clearly not supported by the information presented;
3. Presentation of new and significant evidence which was not reasonably available at the time of the initial hearing and would likely alter the hearing decision; and/or
4. The imposition of an arbitrary outcome.
NOTE: Not agreeing with the hearing decision is not grounds for appeal.
2. Appeal Criteria. Appeals will only be considered in the following circumstances:
1. The existence of procedural errors so substantial that the respondent was denied a fair hearing;
2. The finding in the original hearing is clearly not supported by the information presented;
3. Presentation of new and significant evidence which was not reasonably available at the time of the initial hearing; and/or
4. The imposition of an arbitrary outcome.
3. Available Actions. The appellate officer is limited to taking one of the following actions for each respondent:
1. Uphold the finding and outcomes imposed in the original hearing.
2. Send the case to OSC for a new hearing.
3. Send the case back to the original hearing body for further consideration. Further considerations may include increasing or decreasing the outcome or addressing additional issues raised through the appeals process.
4. Dismiss the case.

Under no circumstances will the appellate officer replace the judgment of the original hearing body; the appellate process exists solely to review the procedures used in student conduct proceedings, and not to re-hear a case in its entirety.