ARTICLE VI - CONDUCT INCIDENT REVIEW PROCEDURES The purpose of the University conduct proceeding is to determine if a student or student organization has violated the Code of Student Conduct, and if so, to determine appropriate educational actions and/or status that will benefit the student and his/her continued learning. In cases where one party (the Reporter) files an incident report outlining actions of another student or organization (the respondent), the University (the complainant) may proceed with the case on the basis of other evidence and information, even if the reporting party does not wish to participate or continue in the process. Rights of Confidentiality - The University of Alabama in Huntsville complies with all principles of privacy described in the Family Educational Rights and Privacy Act (FERPA). As such, a student involved in a University conduct process has the following rights related to privacy and confidentiality: All conduct proceedings are closed to the public. The University, except as required by law, will not disclose information to anyone not connected with the proceeding. The fact that there is or has been a conduct proceeding concerning the incident may be disclosed; however, the identity(ies) of individual students involved in the proceedings will not be disclosed. The University, including individuals involved in a conduct proceeding, will disclose the results of the proceeding, including sanctions imposed, only to those who need to know for purposes of record keeping, enforcement of the sanctions, further proceedings, eligibility for participation in certain University activities, or compliance with federal or state laws. The fact that a conduct proceeding has been concluded and appropriate action has been taken may be disclosed. Evidentiary Standard - Preponderance of the Evidence Standard is the information that would lead a reasonable person to conclude it is “more likely than not” that a respondent violated the Community Standards of Conduct. In this context, the respondent will be found to be responsible for the alleged violations if the Conduct Reviewer or the Conduct Panel concludes that the University has shown that such conduct more likely than not (i.e., preponderance of the evidence) occurred based on careful review of all information presented. This is different than the standard used in criminal complaints, which is considered the highest standard of evidence, “beyond a reasonable doubt.” Rights of Due Process - A student or student organization accused of violating the Code of Student Conduct has certain rights. These include the right to: Be advised that a complaint is being investigated, the nature of the complaint, the identity of the individual bringing the complaint (if known, and if anonymity has not been requested), and the identity of any witnesses named. Be advised of the charges under the Code of Conduct that are being filed Submit a written account relating to the alleged incident and/or charges Have an advisor present throughout any meeting related to the conduct process. This may be any person, including an attorney, that the respondent wishes. However, the advisor may not participate in the conduct process in any way, other than as an advisor to the respondent Know the identity of individuals who will be present at meetings related to the proceeding Present relevant evidence and/or witnesses Review any and all evidence collected by the Conduct Investigator Hear and have questions asked to any witnesses who participate in the proceeding Have a reasonable period of time to prepare for a hearing Request a delay of a hearing for exceptional circumstances Decline to make statements against themselves Timely processing and resolution of the case To receive appropriate support from the University, including counseling services The right to appeal, as outlined in the Conduct Incident Review Procedures Informal Resolution - Nothing in this Code limits the right of an appropriate University official and the respondent to agree at any time to conduct sanctions if the student or organization agrees to the charges. Any such agreement must be in writing. When it is approved by the appropriate University official(s) and filed with the Dean of Students Office, the case is concluded.
