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Student Rights and Responsibilities

Degree Programs

Student Conduct

Rights & Responsibilities

All students have the right to continue their education free from the threat of harassment, abuse, retribution, or violence. The University may take whatever measures it deems necessary in order to protect the safety, security, or integrity of a Complainant, the University, or any member of the University Community. Such measures include, but are not limited to, involuntary removal from a course, program, activity, or University Premises pending case resolution, modifications to living arrangements, and reporting incidents to law enforcement or other non-University agencies. The Vice Chancellor for Campus Life & Inclusive Excellence or their designee, in consultation with the appropriate faculty and/or administrators, is empowered to impose any interim action.

The University also recognizes its obligation to students who have been accused of misconduct but have not yet gone through the Student Conduct Process. Therefore, interim action should not unduly interfere with a Respondent's academic progress except as deemed necessary to protect the University, any member of the University Community, or the University's mission.

Note: These rights and responsibilities are afforded to students involved in the traditional student conduct process. Alternative dispute resolution processes, such as Restorative Justice Conferences, may limit a student’s rights and responsibilities, but involvement in such processes is voluntary.

The complete text of the Honor Code can be found here.

Throughout their involvement in the Student Conduct Process, the Respondent and Complainant parties have the following rights and responsibilities:

Rights and Responsibilities

Fair Treatment

Throughout their involvement in the student conduct process, the Respondent and Complainant parties have the following rights and responsibilities:

  1. The right to be treated with dignity and respect.
  2. The right to information regarding the student conduct process and their role within that process.
  3. The right to object to a member of a Case Resolution Meeting based on a demonstrable bias that would affect the member's ability to render a fair decision.

The responsibility to request reasonable arrangements and/or accommodations (i.e., for disability, language barriers, or location/proximity concerns) to allow their full participation in the student conduct process. Requests must be received by Student Rights & Responsibilities as soon as possible before the Case Resolution Meeting *Students seeking accommodations due to a documented disability must seek such accommodations through the Disability Services Program (DSP) process and procedures. DSP review of accommodation(s) requests may take up to five (5) business days.

  1. The right for all decisions in the process to be based upon a preponderance of evidence.
  2. The responsibility for students to promptly notify the Director of Student Rights & Responsibilities, or the Vice Chancellor for Campus Life & Inclusive Excellence, if the student believes they have not received fair and equitable treatment
  3. Additionally, the Respondent has the right to be considered not responsible of all Alleged Policy Violations unless found responsible by a Case Resolution Body. However, this right will not prevent the University from taking necessary interim action as specified in Section VII of this document.
Privacy
  1. 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 right to be free from intimidation and harassment and, upon request, to request that the University take reasonable steps to prevent unnecessary or unwanted contact with involved parties.
  3. The responsibility to notify the Director of Student Rights & Responsibilities, Associate Vice Chancellor of Campus Life & Inclusive Excellence, or the Vice Chancellor of Campus Life & Inclusive Excellence, if the student believes reasonable steps need to be taken in order to protect these rights.
  4. The right to have information subject to The Family Educational Rights and Privacy Act (FERPA) and the Health Insurance Portability and Accountability Act (HIPAA) protected as provided by such laws. 
Presence of a Support Person
  1. The right to have a one (1) support person of their choice present throughout the Student Conduct Process. A support person can be any person chosen by the student, including a parent, family member, or an attorney. To address the University's obligations under FERPA, a party must file a Release of Information form with the University for any involved support person. This can be done online at https://myweb.du.edu/mdb/du_bwskfrpa.P_DU_AddStuFERPA after logging into PioneerWeb/MyWeb. A party may consult with their support person, but the support person may not speak on behalf of or actively participate in any Student Conduct proceeding, which includes serving as a witness. Additionally, a support person is not allowed to attend a Case Resolution Meeting without the party they are supporting being present.
  2. The responsibility to notify their support person of the time, date, and location of any student conduct proceedings. The University will not be rescheduled to accommodate the schedule of a support person.
  3. The responsibility to provide Student Rights & Responsibilities notification of the name of their support person no later than 48 hours before the scheduled start of the Case Resolution Meeting. The support person's name will be made available to the involved parties (as applicable), and an opportunity given to voice any objections to the support person's participation no later than 24 hours before the scheduled start of the Case Resolution Meeting. Student Rights & Responsibilities has the authority to exclude any individual from participating, based on a reasonable objection. Failure to provide a support person's name prior to the Case Resolution Meeting may be grounds to exclude that 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 here for more information.

Written Notice
  1. The right to Proper Written Notification of any Case Resolution Meeting conducted as a result of a Report the student filed, was filed on their behalf, or in which they are involved. This notice will include the following:
    • The time, date, and location of the Case Resolution Meeting;
    • The consequences and process if a student chooses not to appear at the Case Resolution Meeting;
    • A copy of the redacted Report OR the information on whom to contact for a hard-copy Report;
    • The Alleged Policy Violation(s) being considered and the name(s) of the Reporting Party (as applicable);
    • A list of all parties to be called by the University (as applicable); and
    • The procedures for requesting a change in the time or date of the Case Resolution Meeting.
  2. The right to view any supporting documents not already provided in the written notice, such as videos and photos. Note: photos and videos will not be released. However, reasonable accommodations will be made to allow parties the chance to review such materials in a monitored environment.
  3. The responsibility, per University policy, to provide the University with accurate address and other contact information so that notification is not unduly delayed.
Respond to Alleged Policy Violations and Provide Testimony

When an administrative Case resolution meeting is held:

  1. The right to respond to the Alleged Policy Violations, which includes the right to present information directly relevant to the incident.
  2. The right not to present evidence. This right should not be construed to allow the presentation of false or misleading information.

When a student accountability board (sab) meeting  is held, additional rights and responsibilities include:

  1. The right to hear all witnesses and information presented during a SAB meeting. This does not include the right to question witnesses.
  2. The right to present witnesses. If a party wishes to present information from a witness who is unable to participate in person, the party must provide a written statement from that individual at the time of the SAB meeting. The Student Conduct Process addresses student behavior and conduct, not student character, therefore character witnesses, statements, and reference letters are not accepted.
  3. The responsibility to respond to any witnesses or information at the time when such evidence is presented at the SAB meeting before the witness has been dismissed. The party must direct any response to the SAB members and not to the witness. The SAB may not consider any rebuttal presented after the witness is dismissed.
  4. The responsibility to inform any witnesses they wish to call of the time, date, and location of the SAB meeting and to have on hand all evidence they wish to present at the time of the hearing.
  5. The responsibility to provide Student Rights & Responsibilities prior notification of the names of any witness to the party intends to present no later than 48 hours before the scheduled start of the SAB meeting. These names will be made available to the involved parties (as applicable), and each party will have an opportunity to raise any objections to the witness' participation no later than 24 hours before the scheduled start of the SAB meeting. Student Rights & Responsibilities has the authority to exclude any individual from participation based on a reasonable objection. Failure to provide names prior to the Student Rights & Responsibilities with the name of a witness prior to the SAB meeting may be grounds to exclude that witness.
Written Decision and Appeal

Specific to Respondents:

  1. The Respondent has the right to Proper Written Notification of the results of their Case Resolution Meeting. This notice will include the following:
    • The rationale for the finding;
    • The specific Student Conduct Policies the Respondent has been found responsible for violating;
    • The Outcomes imposed; and
    • The procedures for filing an appeal (as applicable).
  2. The Respondent has the right to appeal the Outcome of the case resolution meeting (as applicable). Information about the appeal process can be found here.
  3. The Respondent has the responsibility to comply with all Outcomes imposed as the result of their Student Resolution Meeting once an appeal decision has been given.

Specific to Complainants:

  1. The Complainant has the right to Proper Written Notification of the results of any Case Resolution Meeting convened as a result of a Report they filed if the Complainant is a victim of an alleged crime of violence. If the victim dies as a result of the crime or offense, the alleged victim's next of kin has the right to such notification. This notification will include the following-to the extent such items relate to the Complainant:
    • The rationale for the finding;
    • The specific Student Conduct Policies the Respondent has been found responsible for violating;
    • The Outcomes imposed; and
    • The procedures for filing an appeal.
  2. The Complainant has the right to appeal the findings and the Outcomes of the Case Resolution Meeting under the circumstances set forth above. Information about the appeal process can be found here.