Due Process Rights

(1) Rights of the Respondent. A Respondent will have the following rights during the Honor Code Process: (a) The right to a prompt, thorough, and equitable investigation. (b) The right to be informed of all charges in writing. (c) Task questions and receive information about the case, including, without limitation, the status of an investigation. (d) The right to remain silent in any investigation, meeting, or hearing. (e) The right to a fair and equitable hearing. (f) The right to receive notice of hearings at which the Respondent may be present. HONOR CODE CHAPTER 1720-02-01 (g) The right to access any information or documents that will be used during a hearing, unless prohibited by law. (h) The right to challenge, for good cause, the fairness and/or impartiality of any Honor Code Officer, Honor Code Board Chairperson, Honor Code Board member, or UAPA Administrative Judge. The Provost (or his or her designee) will decide on challenges to Honor Code Officers or Honor Code Board Chairpersons. The Honor Code Board Chairperson will decide on challenges to Honor Code Board members. Challenges to UAPA Administrative Judges will be decided according to the UAPA hearing procedures under Chapter 1720-01-05. (i) The right to challenge all charges and testimony presented; to present witnesses and other evidence; and to challenge the admissibility of evidence. (j) The right not to be questioned directly by the Complainant during a hearing. (k) The right to be informed in writing of the decision of the decision-maker in a case, and if applicable, the proper procedure for appealing the decision. (l) The right to appeal the decision of the decision-maker in an Honor Code Officer Hearing, Honor Code Board Hearing, or UAPA Hearing. (m) The right to be assisted by an advisor during all stages of the Honor Code Process in accordance with Section .05(3) of this Chapter. (2) Rights of the Complainant. A Complainant will have the following rights during the Honor Code Process: (a) The right to a prompt, thorough, and equitable investigation. (b) The right to ask questions and receive information about the case, including, without limitation, the status of an investigation. (c) The right to remain silent in any investigation, meeting, or hearing. (d) The right to receive notice of any hearings at which the Complainant may be present. (e) The right to access any information or documents that may be used during a hearing, unless prohibited by law. (f) The right to challenge, for good cause, the fairness and/or impartiality of any Honor Code Officer, Honor Code Board Chairperson, Honor Code Board member, or UAPA Administrative Judge. The Provost (or his or her designee) will decide on challenges to Honor Code Officers or Honor Code Board Chairpersons. The Honor Code Board Chairperson will decide on challenges to Honor Code Board members. Challenges to UAPA Administrative Judges will be decided according to the UAPA hearing procedures under Chapter 1720-01-05. (g) The right to challenge all testimony presented; to present witnesses and other evidence; and to challenge the admissibility of evidence. (h) The right not to be questioned directly by the Respondent during a hearing. HONOR CODE CHAPTER 1720-02-01 (i) The right to be informed in writing of the decision of the decision-maker in a case, and if applicable, the proper procedure for appealing the decision. (j) The right to appeal the decision of the decision-maker in an Honor Code Officer Hearing, Honor Code Board Hearing, or UAPA Hearing. (k) The right to be assisted by an advisor during all stages of the Honor Code Process in accordance with Section .05(3) of this Chapter. (3) Right to an Advisor. (a) The Complainant and the Respondent each may choose to be assisted by one (1) advisor during all stages of the Honor Code Process. (b) A student Complainant or a Respondent who chooses to be assisted by an advisor is encouraged to consider selecting a University employee who has received training about the Honor Code Process from the Office of Student Conduct. A student Complainant and the Respondent may obtain the names of trained advisors from the Office of Student Conduct. At their own expense, a student Complainant and the Respondent may choose a person who is not employed by the University to serve as an advisor. A student Complainant and the Respondent should select as an advisor a person whose schedule allows attendance at the scheduled date, time, and place for meetings and hearings, as delays will generally not be granted due to the scheduling conflicts of an advisor. (c) A faculty or staff member Complainant who chooses to be assisted by an advisor is encouraged to consider selecting a supervisor as his or her advisor. (d) The role of an advisor is limited to assisting, advising, and/or supporting a Complainant or Respondent during the Honor Code Process. An advisor is not permitted to speak for or on behalf of a Complainant or Respondent, appear in lieu of a Complainant or Respondent, participate as a witness, or participate directly in any other manner during any phase of the Honor Code Process, including, without limitation, an Honor Code Officer Hearing or Honor Code Board Hearing. However, in a UAPA Hearing, the Complainant and the Respondent are entitled to be represented by legal counsel at their own expense.