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ACCUSED STUDENT'S RIGHTS

The Pennsylvania State University has a clear standard of conduct to protect the rights of members of the University community. These standards are expressed in the Student Code of Conduct and Judicial Affairs Procedures document contained in the current edition of Policies and Rules (http://www.sa.psu.edu/ja/pdf/PoliciesRules.pdf). The Office of Judicial Affairs is responsible for conducting University judicial proceedings for students when it is alleged that a violation of the Student Code of Conduct has occurred..

The Student Code of Conduct does not replace or relieve any requirement of civil or criminal law. This means that victims may bring complaints to the Office of Judicial Affairs and also file criminal or civil complaint. Victims are encouraged to report violations of law to proper authorities on or off campus.

The Office of Judicial Affairs iis committed to the safety and well being of all its community members. We strive to create an environment that is free of acts of violence, harassment, and infringement of rights of privacy and property. The Office of Judicial Affairs is one of many service offices in the University community that assists students, whether an accused student or victim of an incident. As a staff, we will support students by assisting them in identifying resources which, based on personal needs, will further support them throughout the disciplinary process.

Students who are accused of a violation have rights. It is not assumed that a verbal or written report is accurate or an exact account of behavior. Because of this, the staff in Judicial Affairs will meet with each student who has been accused of a violation of the Student Code of Conduct. During this Disciplinary Conference, the student and staff member will discuss the alleged violation. A large part of the discipline process involves fact finding and the opportunity for students to respond to allegations of misconduct. Judicial Affairs will provide an opportunity for this to happen in a respectful, equitable and expeditious manner.

All students accused of inappropriate behavior or Student Code of Conduct violations have the right to:

1. Discuss the incident with Judicial Affairs staff member or designee.

2. Be informed in writing of all charges at least five (5) business days before any hearing.

3. Waive the five (5) day notice and proceed with a hearing after receiving charges.

4. Not testify or answer questions.

5. Be assisted by an advisor as arranged by the student (administrative, faculty or student member of the University community.)

6. Question witnesses that appear in person or by telephone at any hearing.

7. Present witnesses of fact.

8. Review available evidence and documentation prior to a hearing.

9. A closed hearing and the right to request a hearing open to members of the University community.

10. Not appear at a hearing unless directed to do so; however, the hearing will proceed without prejudice.

11. Appeal a Univeristy Hearing Board Decision based on the following reasons:.

• The student has been deprived of his/her rights and/or stated procedures were not followed that affected the hearing outcome.

• New evidence is presented that was not available during the time of the original hearing that is relevant to establish that he/she may not be responsible for any misconduct.

• The sanction(s) imposed was outside the University’s sanction range for such violations and/or not justified by the nature of the offense.

12. Have the hearing audiotaped (unless a co-accused refuses) or to refuse an audiotape of the hearing.

13. A written report and summary of the hearing including findings and sanctions.

FOR INFORMATION AND ASSISTANCE

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