- (1) In matters of non-academic conduct that may result in either expulsion or a minimum ten-day suspension, the college will provide the student due process.
(2) The college will provide the student at least the following:
(a) Notice:
(i) before being interviewed about allegations of misconduct, the college shall provide the student with:
- (A) notice of the allegations against the student;
- (B) the student's right to have an advisor throughout the process who may, but need not be, an attorney; and
- (C) that the accused student is entitled to a presumption of innocence.
- (ii) During an inquiry, investigation, or other informal process, an advisor may only advise the student and may not actively participate in the investigation or informal process.
- (b) Explanation of the evidence: before a formal hearing, unless prohibited by reasonable circumstances, each party shall provide to the hearing committee chair, or hearing officer, copies of the documents the party intends to submit as evidence and a list of witnesses the party intends to call during the formal hearing. This information will be shared with both parties. In each circumstance, including informal processes, the college will provide the student an explanation of the evidence against them.
(c) Opportunity to respond: the college will provide the student an opportunity for a full hearing at which the student can respond to the allegations and evidence against them.
- (i) With the agreement of each party, the college may also provide an informal hearing or opportunity to respond or an agreed upon informal resolution.
- (ii) At formal adjudicatory hearings, the student may have an advisor as an advocate. The student's advisor may be an attorney. The student's advisor may fully participate in the hearing in accordance with the college's policies regarding active participation.
KEY: due process
Date of Last Change: February 2, 2026
Notice of Continuation: August 15, 2024
Authorizing, and Implemented or Interpreted Law: 53H-7-7