Any person may bring charges against a student or student organization (hereafter “student”) for alleged misconduct. The accused student has the right to a hearing. Drexel University endorses as students’ rights the following procedural protections:
The Conduct Board consists of those students, faculty, and staff who serve both on the University Hearing Board and/or the University Appellate Board. No member of the Conduct Board who is otherwise interested in the particular case will serve during the proceeding.
- Students will be informed, in writing, of the nature of the complaint against them and in sufficient time to ensure an opportunity to prepare for the hearing.
- Any student involved in the conduct process will have the right to be assisted in his/her case by an advisor internal to the University. Though the student conduct process does not allow the accused to be represented by an attorney during the process (including the Pre-hearing Conference and Conduct/Appeal Board hearings), the University will allow such advisement if criminal charges are pending concurrent to the University proceedings. Proof of such charges must be presented to the Office of Student Conduct and Community Standards by 5:00 p.m. the business day preceding the scheduled hearing/conference. During such time, the attorney may only advise his/her client and may not speak during the proceedings and/or serve as an active participant in the process. The Office of Student Conduct and Community Standards has the right and authority to excuse the attorney should his/her behavior be deemed inappropriate during the process.
- The student has the right to request from the Department of Public Safety that any confiscated items be returned to them. This request must be made within seven (7) business days of the confiscation. The approval of requests and the manner/mode by which the request is granted is at the sole discretion of the Department of Public Safety.
- The burden of proof will rest upon the person(s) bringing the complaint.
- The student will be given an opportunity to present his/her case, including the presentation of information and witnesses. The Assistant Dean of Student Conduct and Community Standards or designee has sole discretion whether to allow witness names and/or supporting documentation from either party after the stated deadline for submission has passed.
- S/he will have an opportunity to hear and question witnesses. In no case will the Conduct Board consider statements against a charged student unless s/he has been advised of their content and of the names of those who submitted the disciplinary complaint and unless the student has been given an opportunity to rebut the unfavorable inferences that might otherwise be drawn.
- All matters upon which the decision may be based must be introduced before the Conduct Board. The decision will be based solely upon such matters.
- A student will have the right to appeal an adverse decision against him/her.
- Proceedings before the Office of Student Conduct and Community Standards staff, all hearing officers, the Conduct Board, and the Appellate Board are private, subject to the provisions of the Family Educational Rights and Privacy Act (FERPA) or other legal requirements.
In a case involving acts of violence, including sexual misconduct/assault, the rights of the victim(s) include:
- The right to have an advisor of his/her choice from the University community to accompany him/her throughout the entire conduct process.
- The right to be present throughout the entire Conduct Hearing.
- The right to have past unrelated behavior excluded from the hearing process.
- The right to question the accused.
- The right to be provided during the hearing, whenever practical, a waiting area that does not require the victim to be in close proximity to the accused or such person’s family, friends or witnesses.
- The right to be informed of the outcome of the proceedings in a timely manner.
- The right to change academic and housing assignments.
- The right to provide a written victim’s impact statement for submission to the Conduct Board or Hearing Officer, which shall be available for later use should the accused be found or plead in violation of this policy and which shall describe the harm the victim sustained as a result of the alleged misconduct. This statement will be reviewed prior to the imposition of sanctions.
- All rights afforded to any student involved in a case related to Title IX including the right of the victim/complainant to appeal the outcome and/or the sanctions issued in a case.