Rights of the Accused

The accused person shall have the following rights. The judicial body hearing the case shall inform the accused person of their rights guaranteed under this section at the time they are notified of the charges against them.

1. To be informed of all the charges and of the alleged acts upon which those charges are based.

2. To be allowed a reasonable time in which to prepare a defense.

3. To hear all evidence upon which charges are based, and to answer this evidence through rebuttal.

4. To call witnesses before the judicial body and to confront any other witnesses before the judicial body.

5. To be assured that, unless the defendant asks for an open hearing, any matters of facts which would tend to identify the person or persons involved in a case would be kept confidential.

6. To have an open hearing.

7. To request that any member of the judicial body be disqualified because of prejudice.

8. To be informed of the above rights by proper summons.

9. To be considered innocent until proven guilty beyond a reasonable doubt.

10. To be assured that no record of the case is placed on their transcript.

11. To have no person presenting evidence against them sit in judgment of them.

12. In instances of conviction under State or Federal law, the judicial body shall not assess penalties if the circumstances of the case indicate that such penalties would be inequitable to the defendant when imposed in addition to civil or criminal penalties. This limitation shall not apply when the judicial body's proceedings are deemed necessary by the judicial body to protect the University community from risk or harm. Nothing in this paragraph, however, shall be interpreted as barring or delaying action by the judicial body on a case because a similar charge is pending before a civil court.

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