Overview of Due Process Rights

The university will make an initial determination as to whether there is a sufficient basis to believe that a violation of the Code of Conduct may have occurred. The investigating officer may interview the complainant and/or other witness or request additional information from the complainant.

If the student(s) referred live in the residence halls, or the conduct violation occurs in the residence halls, the referral will be investigated by the Director of University Public Safety. If the student(s) live off campus and the behavior occurs elsewhere than a residence hall, the investigation will be conducted by the Director of University Public Safety. If the accusations seem unwarranted, the investigating officer may discontinue the referral. A written response will document why the referral was not pursed.

Student Rights 

  1. If students are referred, they will receive a notification of referral e-mail which will review the nature of the allegations and conduct code violations, a copy of the incident report detailing the alleged misconduct, a link to the Student Handbook section detailing their rights, and a request to meet with an Administrative Hearing Officer. (Note: All communication regarding Code of Conduct violations will be via SMSU e-mail)
  2. Students will receive a timely hearing.
  3. If students are referred, they are strongly urged to make an appointment with the Coordinator of Student Judicial Affairs and attend the hearing. If they do not, the hearing will still occur without the benefit of the students input and sanctions will be applied as appropriate.
  4. Students are not required to admit accountability for any behavior during a hearing.
  5. Students may provide witnesses to testify on their behalf.
  6. The Coordinator of Student Judicial Affairs (or designee) determines a referred student's accountability in a hearing based on the preponderance of the information and evidence presented.
  7. Students may bring in a third party to act as an advisor if desired. Examples of such an advisor could include another student, a staff or faculty member, or attorney.1 This advisor is not an active participant in the hearing and may not engage in questioning or interrogation of other parties. The advisor’s function is one of support to students: the advisor may suggest areas of questioning for them to pursue, may seek clarification of particular questions so that students might most accurately respond, or may assist them in fully conveying their input to the coordinator.
  8. Reasonable sanctions and expectations will be established which will directly relate to the behaviors that caused the referral.
  9. The Coordinator of Student Judicial Affairs or designee will act in good faith with students and strive to maintain confidentiality regarding judicial referrals and matters discussed within a hearing as permitted by law. Students need to understand that they are encouraged to uphold this same standard of confidentiality.
  10. Students will be provided information on how to pursue the appropriate avenues of appeal.
1

When a referral is also subject to a court proceeding, or when the behavior is such that suspension of more than ten days or dismissal from the University may result as a sanction, the referred student is encouraged to consider having an attorney present.

2

If a third party advisor is to be an attorney, the student must inform the Coordinator of Student Judicial Affairs.

Note: While every effort is made to ensure accuracy, SMSU reserves the right to correct any clerical errors herein. Also, you can submit feedback.