If a student is referred to the formal disciplinary process, he/she is entitled to the following rights as a guarantee of fundamental fairness:
- An opportunity for a hearing in order to answer charges of alleged misconduct.
- A written statement of the alleged violations in sufficient enough detail to enable the student to prepare a defense. This statement will be available at least three class days prior to the hearing and should include information on the hearing date, time and location.
- The right to be accompanied by an advisor of the student's choice. Advisors cannot be students who are involved in the same disciplinary matter being reviewed and must be a current member of the DePaul community (faculty, staff, or student). (See the Advisors section of this code for more information.)
- A statement of the possible sanctions that may be imposed.
- The choice to have the case heard by an administrative hearing officer or a judicial board. However, the university reserves the right to refer any case to the university judicial board. (See the "Judicial Boards" section of this code for more information.)
- The right to present witnesses on one's behalf or to question witnesses' statements, whether presented verbally or in writing. (See Witnesses for more information.)
- The right to have the adjudication procedures explained and to ask for clarification of any policies or proceedings prior to beginning the disciplinary hearing process.
- The right to have reasonable access to file information specific to one's case.
- The right to a separate hearing when a single incident gives rise to charges against more than one student.
- The right to speak on one's own behalf.
- The right to disqualify a member of any judicial board for justifiable reason.
- The right to have proceedings and documentation kept confidential. All hearings, proceedings and case information are considered closed and confidential except to those who have a direct and vested interest in them. (See the "Disciplinary Records" section of this code for more information.)
- The right to a written decision from the adjudicatory agent within five class days of completion of the last hearing.
- The right to appeal on prescribed grounds. (See Disciplinary Appeal Procedures for more information.)
A student's status will not usually be altered until the final outcome of a disciplinary hearing is reached. However, the university reserves the right to take immediate action to reasonably ensure safety and security, including removing or suspending a student from the university or residence halls on an interim basis pending final determination of any disciplinary action. (See University Rights Within the Disciplinary Process for more information on interim suspension.)
In addition to the rights outlined above, the university will comply with the Clery Act.
|