Student Rights and Responsibilities

Frequently Asked Questions

Many of the policies and procedures which could bring a student, staff, faculty member, or community member to our office might be confusing, overwhelming, or difficult to understand. One of our primary goals in Student Rights and Responsibilities is to ensure that everyone is educated about both the rights and the expectations which come with being a part of the Chico State community. 

The following list contains answers to many of our most frequently asked questions. These answers are based off of information in our policies; for more detailed information, please take a look at our Policies page. If these resources don't answer a specific question, please feel free to reach out to us by calling us or visiting our office.
  • FAQs about the Conduct Process

    What is the Role of Student Rights and Responsibilities?
    Student Rights and Responsibilities (OSRR) is the office responsible for ensuring that student rights and responsibilities under Title 5 of the Education Code are upheld. Student behavior that is not consistent with the Student Conduct Code is addressed through an educational process designed to promote safety, good citizenship and, when necessary, impose appropriate consequences.

    Does OSRR have Off-Campus Jurisdiction?
    In some circumstances, OSRR does have off-campus jurisdiction. Title 5, the Student Conduct Code, includes a policy that states "Conduct that threatens the safety or security of the campus community, or substantially disrupts the functions or operation of the University is within the jurisdiction of this Article regardless of whether it occurs on or off campus". [Title 5, Article 2, Sec. 41301 (d)]

    What Happens When a Student is Referred to Student Rights and Responsibilities?
    OSRR reviews and investigates complaints received from students, staff, and faculty. Title IX/DHR cases investigated and may be referred for discipline. If there appears to be evidence of a policy violation, OSRR sends the student a “Notice of Conference” letter by email, informing them they have been charged with allegedly violating the university’s Student Code of Conduct and requesting they contact OSRR to schedule an appointment. The student charged also receives a copy of Title 5 Standards for Student conduct.

    What Happens if a Student does not Respond to the “Notice of Conference” Letter or Schedule a Conference Meeting?
    According to CSU policy, a formal disciplinary hearing will be scheduled and the matter moves ahead through the formal hearing process with or without the student’s participation, and the student charged will be sent a Notice of Hearing by email. The conference meeting is the student’s opportunity to be heard and involved in determining the outcome of the conduct case and is an important part of the process.

    What Happens at the First Meeting?
    A Student Conduct Coordinator/Administrator explains the student’s rights and reviews how the conduct process works. OSRR then shares the information received about the incident including who is accusing the student, date, time, circumstances of the incident, etc. The student has an opportunity to respond and ask any questions they have and/or share anything they feel is important. It is our office's hope that the conference meeting is an opportunity for an open and honest discussion about the incident.

    In most cases, the student charged and OSRR are able to agree on a mutually acceptable resolution. The resolution takes into account the seriousness of the charge, the evidence, the student’s honesty and/or acknowledgment of their responsibility, any student needs specific to the violation (alcohol/drug treatment, counseling services, academic assistance, restitution, etc.), and/or previous disciplinary incidents. The resolution is written up in a settlement agreement that both the student and OSRR sign. The settlement agreement outlines the agreed upon conditions and becomes part of the student’s confidential educational record. If the student and OSRR are not able to agree on a mutually acceptable resolution, the student has the right to proceed to a formal disciplinary hearing.

    What is a Formal Hearing?
    If a mutually acceptable resolution cannot be reached, formal procedures commence by providing the student with a written Notice of Hearing. The formal hearing process provides a prompt, fair, and impartial resolution to the matter. A Hearing Officer appointed by the University President conducts a closed, confidential proceeding. Both the Student and the Student Conduct Administrator may offer evidence and question witnesses. The Hearing Officer may also question witnesses. Student attendance is not mandatory. If a student declines to participate, the Hearing will proceed without the student’s presence (except in Title IX cases).

    What Happens After the Formal Hearing?
    After the hearing, the Hearing Officer submits a written report to the University President or designee within ten (10) working days. This report contains factual findings and conclusions regarding whether or not the conduct constitutes a violation and if so, recommendations regarding the sanction(s) to be imposed. Violations must be proven using a preponderance of the evidence which states that it is more likely than not that the incident transpired in the manner alleged. Any findings, conclusions, or recommendations will be based solely upon evidence presented at the hearing. The President or President’s designee then makes a final determination based on this report.

    Can Someone Accompany Me to Conference Meetings and/or Hearings?
    An advisor may accompany a student to a disciplinary conference. If a student elects to bring an attorney-advisor, the student must give Student Rights and Responsibilities five (5) working days’ notice of the name, phone number, and e-mail address of the attorney-advisor. The role of the attorney-advisor and non-attorney-advisor in the student disciplinary process are the same.

    Can my Parents Get Information About My Conduct Case?
    Students must give written permission to Student Rights and Responsibilities to release any records, or communicate with a student, parent, or guardian. You may visit the Student Rights and Responsibilities office (SSC 180) or online and fill out a “release of information” form. Records and files created through the student disciplinary process are "educational records" and are protected under the Family Educational Rights and Privacy Act (FERPA). However, records can be subpoenaed through the criminal and legal processes.

    What Standard of Proof is Used to Determine Responsibility?
    It is the University's burden to show that it is "more likely than not" that a student violated the Student Conduct Code. The University's charge must be sustained by preponderance of the evidence but not "beyond a reasonable doubt."

    What are Possible Sanctions?

    • Restitution: Compensation for loss, damages or injury. This may include appropriate service and/or monetary material replacement.
    • Loss of Financial Aid: Consistent with California Education Code Section 69810 et seq., scholarships, loans, grants, fellowships, and any other types of state financial aid given or guaranteed for the purposes of academic assistance can be conditioned, limited, canceled, or denied.
    • Educational and Remedial Sanctions: Service to the University or the community, training, counseling, or other remedies intended to discourage a repeat of the misconduct or as deemed appropriate based upon the nature of the violation.
    • Denial of Access to Campus/Stay Away Orders: A designated period of time during which the student is not permitted: (i) on University Property or specified areas of campus. (See California Penal Code section 626.2.); or (ii) to have contact (physical or otherwise) with the Complainant, witnesses or other specified persons.
    • Disciplinary Probation: A designated period of time during which the privileges of continuing in student status are conditioned upon future behavior. Conditions may include the potential loss of specified privileges to which a current student would otherwise be entitled, or the probability of more severe disciplinary sanctions if the student is found to violate any University rule during the probationary period.
    • Suspension: Temporary separation of the student from active student status or student status.
      • A student who is suspended for less than one year shall be placed on inactive student status but remains eligible to re-enroll at the University (subject to individual campus enrollment policies) once the suspension has been served. Conditions for re-enrollment may be specified.
      • A student who is suspended for one year or more shall be separated from student status but remains eligible to reapply to the University (subject to individual campus application policies) once the suspension has been served. Conditions for readmission may be specified.
    • Expulsion: Permanent separation of the student from student status from all twenty-three (23) campuses in the California State University system.

      How does OSRR Decide on a Sanction?
      Before deciding on a recommended sanction, the Student Conduct Coordinator/Administrator will consider the purpose of the sanction. It may serve to educate the student regarding the inappropriateness of the conduct; discipline the student for the conduct; attempt to influence the student’s future conduct; or remove the student from the University community. When determining the sanction the Student Conduct Coordinator/Administrator will consider whether or not the sanction is reasonably related to the seriousness of the student’s conduct, and will also consider the extent of harm to the university community, the circumstances surrounding the misconduct and the likelihood of its recurrence. Finally, the Student Conduct Coordinator/Administrator will consider the consistency of the sanction with other disciplinary cases at the campus.

      What if There are Parallel Criminal or Legal Proceedings?
      Student Conduct Code proceedings are independent from court or other administrative proceedings. Discipline may be imposed on a Student also charged in civil or criminal courts based on the same facts that constitute the alleged violation of the Student Conduct Code. The Campus may proceed before, simultaneously with, or after any judicial or other administrative proceedings, except in cases involving Discrimination, Harassment or Retaliation (including Sex Discrimination, Sexual Harassment, Sexual Violence, Domestic Violence, Dating Violence, and Stalking). In such cases, the campus shall proceed without delay.

      Will I Be Able to Know the Outcome of Another Student’s Disciplinary Case?
      According to CSU policies, victims of physical assault, sexual assault or sexual harassment including domestic violence, dating violence, and stalking are required to be informed of the outcome of the conduct matter. Victims of sexual misconduct cases referred by the Title IX Coordinator for discipline are also consulted during the student conduct process about possible resolutions.
  • FAQs for Advisors
    An advisor may accompany a student to a disciplinary conference. Advisors fall into two categories: non-attorney-advisor and attorney-advisor.
    • An Attorney is defined as anyone who has an active or inactive license to practice law.
      • Attorneys may attend hearings as Advisors in Conduct cases (a) where there are pending Felony criminal charges arising out of the same facts that are the subject of the disciplinary proceeding; or (b) where the recommended sanction is expulsion. 
    • A non-attorney is defined as anyone in the student’s community. This includes friends, faculty, staff, and parents. 

    Administrative Process vs. Legal System
    It is not the role of Student Rights and Responsibilities to determine whether a student has violated the law, but whether a student has violated University policy. The outcome of court proceedings have no bearing on the outcome of the conduct process. Furthermore, the concept of “double jeopardy” is not applicable, as criminal proceedings do not offer an exemption from civil or administrative proceedings.

    • A student may be charged under the criminal justice system as well as under Title 5. Alternatively, charges may occur for alleged Title 5 violations which may not be violations of the law.
    • Students are entitled to have an advisor support them through the discipline process. Advisors may be a friend, parent, attorney (see rules for attorneys as advisors in the first section of this document), or any other person of their choosing with the exclusion of witnesses. The advisor however, may not represent the student as the student is required to speak for his/herself at all times during the process. Any advisors disregarding this rule will be asked to leave.
    • The campus conduct process is not comparable to a criminal or civil trial. Rather, a student conduct proceeding (conference or hearing) is designed to be educational in nature. Students and their advisor should expect a supportive and non-adversarial environment throughout the disciplinary process.
    • Student Rights and Responsibilities uses a “preponderance of evidence” (more likely than not), as opposed to “beyond a reasonable doubt” used by a court of law. Legal rules of evidence do not apply in campus conduct cases. Conduct officers have the right to gather and utilize any and all information that is relevant, including hearsay and third party testimony.
    • In compliance with the Family Educational Rights and Privacy Act (FERPA), campus conduct cases are confidential. 

    Title IX/DHR
    In cases involving Discrimination, Harassment and Retaliation based on Gender, including Sex Discrimination, Sexual Harassment, Sexual Misconduct, Domestic Violence, Dating Violence, and Stalking:

    • Both the Complainant and the Respondent charged may elect to be accompanied by an Advisor of their choice, subject to the limitations below, to any meetings, conferences, interviews or hearings.
    • The Complainant may elect to have a Sexual Assault Victim’s Advocate or an Attorney as an Advisor. Likewise, in such matters, the Respondent charged may elect to have an attorney as an Advisor.
    • Any witnesses who are alleged to be victims of the Discrimination, Harassment, Retaliation, Sexual Misconduct, Domestic or Dating Violence, or Stalking may likewise elect to be accompanied by an Advisor of their choice.

    Parallel Judicial Proceedings – Executive Order 1098, Article II, Section H.
    Student Conduct Code proceedings are independent from court or other administrative proceedings. Discipline may be instituted against a Student also charged in civil or criminal courts based on the same facts that constitute the alleged violation of the Student Conduct Code. The Campus may proceed before, simultaneously with, or after any judicial or other administrative proceedings, except in cases involving Discrimination, Harassment, Retaliation, Sexual Misconduct, Dating or Domestic Violence, or Stalking. In such cases, the campus shall proceed without delay.

    Due Process
    A significant body of case law has been established that outline constitutional requirements as related to the student disciplinary process. At Chico State, students may accept all charges and sanctions issued at a disciplinary conference (referred to as a Settlement Agreement). Alternatively, if a student does not accept the terms of the Settlement Agreement, the case automatically moves forward to a hearing. A Notice of Hearing will be sent to the student via their Wildcat email.

    Advisors
    If a student elects to bring an attorney as their advisor, Student Rights and Responsibilities must be given five (5) working days advance notice.

    The role of an Advisor will be limited to:

    • Asking procedural or process based questions only when permitted by the Conduct Administrator.
    • Conferring with the student before and after the proceeding.
    • Conferring quietly with student during the proceeding, when permitted by the Conduct Administrator.

    The Advisor shall not:

    • Address the Conduct Administrator or assigned Designee in an effort to respond on behalf of the student.
    • Ask questions about the investigation or its findings.
    • Question witnesses.
    • Participate in activities that disrupt the educational conversation that occurs between the Conduct Administrator or an assigned Designee and the student.

    In general, the Student Conduct Administrator, Hearing Officer, or assigned Designee will not delay a disciplinary proceeding due to the unavailability of an advisor.

    NOTE: Pursuant to Executive Order 1098, Article IV., Section H., Subsection 13, an advisor may be asked to leave the proceeding if they cause any material disruption in an effort to ensure that the process remains informal, educational, and fair.

    What Is the Policy on Representation During the Grievance Process?
    Both parties may have a representative or an advisor throughout the process or during a formal student grievance hearing but he or she may not be an attorney. The name of the representative must be given to the facilitator no less than two instructional days prior to the grievance hearing. Both parties are responsible for notifying their representatives of the hearing date and ensuring their presence at the hearing.

  • FAQs about Disciplinary Probation

    What is Disciplinary Probation?
    According to Executive Order 1098, Disciplinary Probation is “A designated period of time during which privileges of continuing in Student status are conditioned upon future behavior. Conditions may include the potential loss of specified privileges to which a current student would otherwise be entitled, or the probability of more severe disciplinary sanctions if the student is found to violate the Student Conduct Code or any University policy during the probationary period”(Executive Order 1098, pg. 21).

    So, What Does That Mean?
    To simplify the above, Disciplinary Probation means a student is not in good standing with the University resulting from being found responsible for a violation of the Student Conduct Code.

    How Does This Affect Me?
    Disciplinary Probation is noted on a student’s transcript for a specified duration of time, typically done in semester increments. “Disciplinary Probation” will be noted on the student's transcript but not the specific violation or details. This notation may be seen by those who have reason to access a student’s transcript (ie.Your college advisor, Athletic Director, AS government advisor). After the DP period it remains in a student’s record for seven (7) years. During those 7 years, if student records are requested, the University would report the violation.

    Can I still Take Classes if I Am on Disciplinary Probation?
    Yes, we highly encourage a student on disciplinary probation to continue taking classes.

    Can I be a Student Leader if I Am on Disciplinary Probation?
    A student may not be eligible to run for or hold a student officer position in clubs or organizations or serve as a representative of the University if in poor standing. Look into the organization/club by-laws to see if membership is still allowed.

    What Happens if I Do Something Wrong while on Disciplinary Probation?
    Students who violate the Student Conduct Code while on Disciplinary Probation may be subject to further disciplinary action. Depending on the new violation, a student may face suspension or expulsion.

    What Happens if I Do Something Wrong After I Am No Longer on Probation?
    A new violation, depending on the severity of the situation, may be treated as a repeat offense and further discipline may be imposed. A student’s discipline record will be taken into consideration for each new violation.

  • FAQs for Students about Grade Appeals & Student Complaints

    How Does a Student Initiate a Grievance?
    A student initiates a complaint by completing a “Notice of Inquiry” with OSRR. The notice must be completed within 30 days of the action or incident. This form can be found online or in the Student Rights and Responsibilities office located in SSC 180.

    Do Students Have to Try to Resolve the Situation Informally?
    Yes. The Notice of Inquiry is the beginning of the informal resolution process. Students are instructed to meet with their professor, and if not satisfied, their Department Chair and College Dean. If the situation arises from a complaint of discrimination, retaliation or harassment, students are not required to attempt informal resolution.

    What Happens If There Is No Informal Resolution?
    If the student feels there is no resolution, they may file a request for a formal grievance hearing. With some exceptions (noted in EM 20-012), the grievance must be filed during the semester of the incident. What is a formal student grievance hearing? A formal student grievance hearing is a process which gives both parties an opportunity to be heard by an impartial panel.

    What Is the Timeline Process Leading To the Grievance Hearing?

    1. Within ten (10) instructional days of receiving the request for formal grievance, OSRR will notify you, the Chair and Dean (or other appropriate staff and administrators) regarding the complaint.
    2. Within 5 instructional days, the Dean will notify OSRR in writing whether all informal means for resolving the complaint have been exhausted.
    3. Within 10 instructional days and if all informal means for resolution have been exhausted, OSRR will forward all materials to the facilitator.
    4. Within 15 instructional days of receiving materials from OSRR, the facilitator will hold a meeting to select the panel for the Hearing.
    5. Within 15 instructional days of selection, the Panel will convene for the hearing.

    What Happens at the Hearing Panel Selection Meeting?
    Individuals are selected from a pool of potential panelists, which includes two faculty members from each college and fourteen students selected by random sample. Both parties are required to attend the meeting to select panel members. During this meeting, both the student and the individual being grieved will be given an opportunity to exercise challenges to any potential member where a conflict may exist. Both parties are required to turn in a list of witnesses with a brief statement regarding the nature of their involvement. The facilitator will also review the hearing process, answer any questions, and inform everyone of the date, time, and location of the hearing.

    Who Presides Over the Hearing?
    A facilitator, appointed by the President, presides over, and manages the Hearing. Who attends the hearing? Formal Student Grievance Hearings are closed and limited to the Student, the Respondent, and their respective representatives, witnesses, the Facilitator, the Panel, and an individual who provides clerical support.

    What Is the Policy on Representation During the Grievance Process?
    Both parties may have an Advisor. The Facilitator must be provided with the name of each party’s representative no less than two (2) instructional days prior to the Hearing. However, if either the grievant or respondent is an attorney, both parties may be represented by attorneys. Both parties are responsible for notifying their representatives of all relevant information and ensuring their presence at the hearing.

    How is Evidence Presented at a Hearing?
    All exhibits and/or witness declarations must be clearly labeled and prepared by both the grievant and respondent and submitted to the facilitator at least two (2) instructional days prior to the Hearing. All witnesses planning on providing testimony during the hearing must submit all information to the facilitator by this same deadline. Prior to the Hearing, copies of witness reference materials, including regulations, student handbooks, or statements from University catalogs, should be included as exhibits and enough copies should be made by the grievant or Respondent for both the other party as well as all panel members.

    The facilitator shall admit evidence which reasonable persons are accustomed to relying on in the conduct of a serious affair, but shall exclude evidence that is irrelevant, inappropriate, or unduly repetitious.

    How Does the Panel Formulate the Recommendation?
    At the conclusion of the Hearing, the Panel meets to deliberate on a recommendation. Deliberation occurs between panel members only. Three of the four members of the panel constitute a quorum. When the grievance involves a grade dispute, both faculty members on the panel must be present to constitute a quorum. Additionally if the panel found in favor of the grievant, student panel members may not vote to determine the final grade. In all cases, the facilitator must be present for consultation and to vote in the event of a tie.

    Who Makes the Final Decision on the Outcome of a Formal Grievance Hearing?
    In most cases, the Provost makes the final decision. In certain cases, an appropriate a Vice Present may make a final decision.

    How and When is the Recommendation Sent to the Provost or appropriate Vice President?
    All recommendations and materials on file form the basis of the report, which is submitted to the Provost or Vice President within ten (10) instructional days.

    What is an "instructional day"?
    "Instructional days" are days on which regularly scheduled classes or examinations are held. 

  • FAQs for Faculty about Grade Appeals & Student Complaints

    Do I Have To Report Incidents of Academic Integrity?
    Yes. According to EM 04-36, Section 3, Subsection B:

    “Academic dishonesty cases that occur in the classroom shall be handled by faculty members. However, after action has been taken by the faculty member, the faculty member shall complete a form that identifies the student who was found responsible, the general nature of the offense, the action taken, and a recommendation as to whether or not additional action should be considered by Student Rights and Responsibilities.”

    “This process provides an opportunity to hold students accountable for multiple academic dishonesty situations that may occur with several departments but never be known because there is no central location to gather the information. By having a central location for all academic dishonesty cases, there is a better understanding of the trends in academic dishonesty and the opportunity for academic affairs and student affairs to address any problem trends in a formal way."

    How Do I Report?
    Faculty can report an academic integrity violation by using the Academic Incident Report.

    What is the Difference Between Report only and Referral?

    • A report only to Student Rights and Responsibilities means that no further action or investigation is requested by the faculty member. If additional reports of academic dishonesty have been received by OSRR regarding a particular student, further administrative investigation and action may be taken. A faculty member may report a student to OSRR in lieu of, or in addition to any academic sanction they may have applied.
    • A referral is a formal request for administrative investigation. If found responsible, appropriate sanctions may be implemented. A faculty member may refer a student for disciplinary action in lieu of, or in addition to any academic sanction the faculty member has imposed.

    Can I Resolve the Situation Informally?
    Of course. Student Rights and Responsibilities encourages faculty members to attempt to resolve all minor cases of academic integrity informally. However, if you choose to resolve informally you will still need to report the incident as stated above.

    I Discovered a Violation and It Is the End of the Semester. What Grade Should I Assign?
    Grades are assigned at the discretion of the instructor. Instructors may also assign an appropriate letter grade as they see fit. However, if instructors would like to wait to assign a grade until the outcome of the case is determined by OSRR, they may assign a grade of “RD” (report delayed), in order to take Student Rights and Responsibilities findings into consideration. If the student was found not responsible the student may then submit a grade appeal to the instructor if a lower grade had been previously assigned.

    How Long Will the Process Take?
    Although EM 04-36 does not have a timeline, we will attempt to complete the process in twenty (20) working days.

    What Appears on the Academic Transcript When I Report a Student for an Academic Integrity Violation?
    If found responsible and the student is placed on Disciplinary Probation or Suspension, an annotation will be placed on the transcript for the duration of the probation or suspension. Generally, students found responsible are not eligible for “Grade Forgiveness” for the grade received in the class in which the violation was committed.

    Will I be Notified of the Outcome of OSRR’s Investigation?
    Yes. If OSRR conducts an investigation into the incident, you will be sent a “Notice of Outcome” informing you of the outcome. If the student is found responsible, the notice will include the range of possible sanctions the student may have received. In order to protect a student’s privacy, we do not share specific sanctions imposed on students.

    Complaints/Grievances
    Please see EM 20-012 and EM 20-013 for more information on this process. How does a student initiate the complaint or grievance process? Students must complete a “Notice of Dispute” form and submit it to OSRR. Students have up to 10 instructional days into the following semester to submit.

    Is the Student Required to Attempt Informal Resolution?
    Yes. With exception of Title IX/DHR cases, students are always informed of their responsibility to meet with you first, and then the Department Chair and College Dean if necessary. The Notice of Inquiry is the beginning of the informal resolution process.

    What Happens if the Situation Cannot be Resolved Informally?
    The student has 15 instructional days to informally resolve the dispute. If during that period the student finds there will not be an informal resolution, they may file a request for a formal grievance hearing. Requests should be filed 2 instructional days after failing to resolve the matter informally during the semester in which the incident occurred or 10 instructional days into the following semester. (Please see EM 20-012 and EM 20-013)

    What is a Formal Student Grade Appeal or Student Complaint Hearing?
    A formal student grade appeal or student complaint hearing is a process which gives all involved parties an opportunity to be heard by an impartial panel.

    What is the Timeline Leading to the Formal Grade Appeal or Student Complaint Hearing?

    1. Within five (5) instructional days of receiving the request for formal grade appeal or student complaint, OSRR will notify you, the Chair and Dean (or other appropriate staff and administrators) regarding the complaint.
    2. Within 5 instructional days, the Dean will notify OSRR in writing whether all informal means for resolving the complaint have been exhausted.
    3. Within 5 instructional days and if all informal means for resolution have been exhausted, OSRR will forward all materials to the facilitator.
    4. Upon receipt of all materials by facilitator from OSRR, the facilitator will hold a meeting to select the panel for the Hearing.
    5. Within 15 instructional days of selection, the panel will convene for the hearing.

    What Happens at the Hearing Panel Selection Meeting?
    Individuals are selected from a pool of potential panelists, which includes two faculty members from each college and fourteen students selected by random sample. Both parties are required to attend the meeting to select panel members. During this meeting, both the student and the individual being grieved will be given an opportunity to exercise challenges to any potential member where a conflict may exist. Both parties are required to turn in a list of witnesses with a brief statement regarding the nature of their involvement. The facilitator will also review the hearing process, answer any questions and inform every one of the date, time, and location of the hearing.

    Who Presides over the Hearing?
    There will be four facilitators chosen from the faculty pool that will serve on a rotating basis. Who attends the hearing? Formal Student Grade Appeal or Complaint Hearings are closed and limited to the Grievant, the Respondent, and their respective representatives, witnesses, the Facilitator, the Panel, and support staff from OSRR.

    What is the Policy on Representation During the Grievance Process?
    Both parties may have an Advisor. The Facilitator must be provided with the name of each party’s representative no less than two (2) instructional days prior to the Hearing. However, if either the Grievant or Respondent is an attorney, both parties may be represented by attorneys. Both parties are responsible for notifying their representatives of all relevant information and ensuring their presence at the hearing.

    How is Evidence Prepared and Presented at a Hearing?
    All exhibits and/or witness declarations must be clearly labeled and prepared by both the Grievant and Respondent and submitted to the Facilitator at least five (5) instructional days prior to the Hearing. All witnesses planning on providing testimony during the hearing must submit all information to the facilitator by this same deadline. Prior to the Hearing, copies of witness reference materials, including regulations, student handbooks, or statements from University catalogs, should be included as exhibits, and enough copies should be made by the Grievant or Respondent for both the other party as well as all panel members.

    The facilitator shall admit evidence which reasonable persons are accustomed to relying on in the conduct of serious affair, but shall exclude evidence that is irrelevant, inappropriate, or unduly repetitious.

    How Does the Panel Formulate the Recommendation?
    At the conclusion of the Hearing, the Panel meets to deliberate on a recommendation. Deliberation occurs between panel members only. Three of the four members of the panel constitute a quorum. When the grievance involves a grade dispute, both faculty members on the panel must be present to constitute a quorum. Additionally, if the panel finds in favor of the Grievant, student panel members may not vote to determine the final grade. In all cases, the Facilitator must be present for consultation and to vote in the event of a tie.

    Who Makes the Final Decision on the Outcome of a Formal Grievance Hearing?
    In grade appeal and academic complaint cases, the Provost makes the final decision. In other complaint cases, an appropriate Vice Present makes the final decision.

    How and When is the Recommendation Sent to the Provost or Appropriate Vice President?
    All recommendations and materials on file form the basis of the report, which is submitted to the Provost within ten (10) instructional days.

    What is an “Instructional Day”?
    "Instructional days" are days on which regularly scheduled classes or examinations are held.

    Can the Outcome of a Student Grievance Hearing be Appealed?
    The decision of the Provost is final. An appeal cannot be made.

Someone on a bike drives past a brick wall fast enough to appear blurred