Section IX

 

Student and Organizational Rights

Students/organizations should expect that disciplinary proceedings will be handled fairly. All Marist students/organizations charged with violating the Code shall be granted the following student rights during a hearing:

A. A student/organization has the right to a hearing by an unbiased student conduct body.

B. A student/organization has the right to have an advisor present at the hearing, provided that the individual is not an Attorney. (Exceptions to this rule can be found in the Code under Section VII, E, 5).

C. A student/organization has the right to written notice of the charges indicating the time and place of the hearing.  Proper written notification shall be defined as the delivery of mail to a student’s on-campus mailbox, Marist college email, or delivery by the U.S. Post Office (with Certificate of Mailing) to a student’s local off-campus address. Students/organizations shall be held responsible for the contents of mail for which they have refused receipt.  In cases of a charges organization communication will be made with the president of the organization.

D. A student/organization has the right to receive a copy of written report(s) stating the circumstances and allegations involved. This information shall generally be given to the student at the time they receive notification of the time and place of the hearing.

E. A student/organization has the right to object to a Board/Panel member or Hearing Officer who is serving in the capacity of student conduct body. The Conduct Advisor will determine the validity of the objection.

F.  A student has the right not to present information against himself/herself and silence shall not be construed as an admission of responsibility.

G. A student/organization has the right to hear and respond to all information presented against him/her. This includes the right to directly question all parties through the student conduct body (except in cases where is alleged violation of sexual misconduct or abuse).

H. A student/organization has the right to present information and witnesses in his/her own behalf.

I.   A student/organization has the right to written notification of the results of  a hearing no later than ten (10) business days after the hearing.

J.  A student/organization has the right to appeal the outcome of a hearing, except in cases of accepted Resident Director or Disciplinary Conference decisions. A student must be informed of their right to appeal and the process by which to do so.

K. In cases of extenuating circumstances or matters complex in nature, notification of a decision may extend beyond ten (10) business days. The student has the right to appeal the decision of the hearing body within five (5) business days of receiving the decision.

 

 

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