Appendix B: Rights and Responsibilities Form
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When conducting an investigation, the Office of Student Affairs will inquire, review, and gather information about the reported student misconduct and will evaluate the accuracy, credibility, and sufficiency of information. It is our intention to resolve this matter and address this complaint as quickly as possible for all individuals concerned. Angelo State University takes all allegations and complaints very seriously.
Statement of Student Rights and Responsibilities
In any student conduct proceeding, the student or student representing a student organization has the right to:
- A prompt, fair, and equitable process;
- Be accompanied by an advisor at any meeting or Hearing. An advisor can be any one of the following: a member of the Angelo State University Community (faculty, staff, or student not otherwise involved in the case), a Victim’s Advocate, a parent or legal guardian, a relative, or in situations involving criminal legal proceedings, an attorney. An advisor’s role is that of support – he or she may not speak on behalf of the student and does not have an active, participatory role in the conduct process. If an advisor for the accused student is an attorney, an attorney from the Texas Tech University System Office of General Counsel and/or General Counsel for Angelo State University may attend the Hearing on behalf of the University. The Complainant and/or the student accused of alleged misconduct is responsible for presenting his or her own information, and therefore, advisors are not permitted to speak or participate directly in any Hearing unless authorized by a Student Conduct Office. Students should select an advisor whose schedule allows attendance at the scheduled date and time for the hearing, as delays will not be allowed due to the scheduling conflicts of an advisor, except at the discretion of a Student Conduct Office/Investigator upon written request five (5) University business days in advance of the scheduled Hearing date;
- Refrain from making any statement relevant to the investigation. Students are expected to cooperate in the University conduct process, but may elect not to participate in the investigation process, either in part or entirely. However, a student’s refusal to participate in the investigation, in whole or in part, lasts for the duration of the conduct process. In other words, if a student chooses not to provide information during the investigation, they will not be allowed to present new information during the hearing; similarly, if a student provides only limited information during the investigation (i.e., answering some of the Investigator’s questions but not others), then during the hearing, the student will only be permitted to speak to the information he or she provided, with no additional commentary. The rationale for this policy is to prevent either party from presenting new evidence at the Hearing that was available during the investigative process for the purpose of disadvantaging the other party.
Note: See Pre-Hearing Process for details on inclusion of new, previously unavailable information after conclusion of the investigative process.
- The opportunity to provide information and evidence in support of his/her case;
- Know if they have been issued any allegations of misconduct;
- Know the range of sanctions that may be imposed for a conduct violation, if one is alleged and found to have occurred;
- Know the Angelo State University conduct policies and procedures, and where to find them;
- Know that any information provided by the student may be used in a conduct proceeding;
- Know that if a student makes any false or misleading statements during the student conduct process, that student could be subject to further disciplinary action;
It is the student’s responsibility to:
- Be responsive to all correspondence from the University;
- Provide information relevant to the incident or situation;
- Be honest and provide true and accurate information during the investigation;
- Review the Code of Student Conduct in order to fully understand all aspects of the student conduct process.
Angelo State University will respond to all requests for explanations and interpretations of records or information if the response does not violate the Family Educational Rights and Privacy Act of 1974 (as amended). The Executive Director of Student Affairs or designee reserves the right to contact parents or guardians of students who are under twenty one (21) years of age and found responsible for an alcohol or drug violation.
Disciplinary records are maintained in room 112 of the Houston Harte University Center and both electronic and paper records are destroyed after seven (7) years from the last date a student is seen in the office.
- Discussing this investigation may result in policy violations and in some situations, lawsuits for defamation.
- Any and all forms of retaliation will be dealt with seriously.
Retaliation is strictly prohibited against a person who files a complaint of discrimination or harassment in good faith, opposes a charge, testifies, assists, or participates in an investigative proceeding or hearing. Retaliatory harassment is an intentional action taken by an accused individual or allied third party, absent legitimate non-discriminatory purposes, that harms an individual as reprisal for filing or participating in a grievance process.