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Student Rights and Options

A.  Rights of the Complainant - In filing a student conduct referral against a student or student organization for an alleged violation of the Ohio University Student Code of Conduct, the complainant has the right to:

1.  Have a referral handled in a forthright and timely manner;
2.  Be accompanied throughout the conduct process by another member of the university community (an Ohio University employee or student). This advisor may: a) Advise and assist the complainant in the preparation of the case; b) Accompany the complainant through all disciplinary proceedings; and c) Speak on behalf of the complainant;
3.  Designate another member of the university community to present his or her case;
4.  Have unrelated behavior excluded from the judicial process;
5.  Submit an oral statement (during an open hearing) or written statement (during a closed hearing) about the impact of an offense to be considered in the determination of a disciplinary sanction.

B. Rights of the Accused - Throughout the university student conduct process, a student or student organization accused of an alleged violation of the Ohio University Student Code of Conduct is provided the following rights and options:

1.  A letter from the Student Code of Conduct: Review and Standards Committee explaining procedures, rights, and options open to the accused;
2.  A copy of the referral containing a description of the alleged violation;
3.  The opportunity to discuss the entire matter with a hearing authority at a Procedural Interview.
a.  For Alleged Code A Violations:
If, during the Procedural Interview, the potential sanction is described by the hearing authority as suspension or expulsion, the accused has the right to: 1) admit the charge and be sanctioned by the hearing authority, or 2) deny the charge and request either an administrative hearing or a university hearing board to further explore the facts and circumstances of the alleged violation. A date for a hearing will be determined within a reasonable period of time after the procedural interview.

If the potential sanction described by the hearing authority is not suspension or expulsion, the accused will be given the right to: 1) admit the charge and be sanctioned by the hearing authority, or 2) deny the charge and request an administrative hearing to further explore the facts and circumstances of the alleged violation. A date for a hearing will be determined within a reasonable period of time after the procedural interview.

b.  For Alleged Code B Violations:
During the Procedural Interview, the accused will be given the right to: 1) admit the charge and be sanctioned by the hearing authority, or 2) deny the charge and request an administrative hearing to further explore the facts and circumstances of the alleged violation. A date for a hearing will be determined within a reasonable period of time after the procedural interview.

4. In the event of a disciplinary hearing, the accused has the right to:
a. Speak or not speak during the hearing process. Choosing not to speak will not be inferred by the hearing authority that the accused is in violation of the charge;
b. Question the complainant and all witnesses who testify against the accused at a hearing;
c. Examine all written materials;
d. Rebut any statements made or materials presented during a hearing;
e. Present written or verbal statements by character witnesses before a sanction is imposed;
f. Request the removal of any University Hearing Board member by showing written or verbal evidence of bias against the accused;
g. Be accompanied by an advisor who must be a member of the University community (an Ohio University employee or student). This advisor may: 1) advise and assist the accused in the preparation of the case; 2) accompany the accused through all disciplinary proceedings; 3) speak on behalf of the accused; and 4) advise and assist the accused in the preparation of appeals;
h. Be accompanied by an attorney in cases where criminal charges are pending or likely to be pending. The policy "Hearing Board Guidelines for Lawyers" is available from the Office of Community Standards;
i. File a written appeal to a University Appeal Board; and
j. File a written appeal to the Vice President for Student Affairs if a University Appeal Board denies the appeal.