Participating as a Victim
Victims of alleged violations of policy have specific rights. They may choose to participate - or not - as a witness. They also have the option of scheduling a pre-hearing conference prior to either the informal or formal hearing. In this conference, the hearing officer will fully explain the judicial process, answer questions the victim may have, discuss options for participating in the hearing, and help coordinate possible hearing dates and times. The victim is also given an opportunity to provide further written information to be placed in the accused student’s file; with the understanding the accused student has the right to review such information.
Victim’s Rights in Student Judicial Hearings:
a. The right not to attend a formal hearing.
b. The right to submit an impact statement that details the alleged consequences of the behavior in question.
c. The right to have a personal advisor accompany him/her during any conduct proceeding. An attorney may serve as an advisor, but may not represent the victim nor directly question or cross-examine witnesses, except in a case where USA is represented by an attorney.
d. The right to request immediate on-campus housing relocation (based on available space), transfer of classes or other steps to prevent unnecessary or unwanted contact or proximity to the accused, when such contact is likely to place the victim in danger of bodily injury and/or cause the victim severe emotional distress.
e. If a victim of physical violence or of sexual harassment, the right to be informed of the outcome of the hearing upon request. The proceedings and outcome of all student conduct proceedings are considered confidential information in accordance with the Family Educational Rights and Privacy Act of 1974. Such information may not be shared outside the proceeding.
f. The right not to have his/her past behavioral history discussed during the student conduct proceeding. Questions of relevancy shall be determined by the hearing officer.
The Accused Right’s in Student Judicial Hearings
a. The right to be notified of all charges, be present at the hearing, and be given at least two days advance notice of the hearing.
b. The right to have a personal advisor accompany hem/her during any conduct proceeding. The hearing officer may give permission for the advisor to be an attorney; however, the attorney may not represent the accused nor directly question or cross-examine witnesses, except in a case where USA is represented by an attorney.
c. The right to testify in his/her own behalf, in writing and in person.
d. The right to question all witnesses willing to testify in the presence of the accused student. If witnesses choose to testify in writing, efforts will be made to allow the accused to submit written questions to the witness; however, no absolute right to question witnesses exists.
e. The right to bring witnesses to testify on his/her behalf.
f. The right not to testify or answer specific questions. However, inferences may be made when the accused refuses to testify.
g. The right to appeal decisions and/or sanctions.