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14. Statement of Rights of the Complainant and Respondent

1. Each case of an alleged Honor Code, Student Code of Conduct and/or other policy violation will be dealt with in a manner which scrupulously protects the rights of the complainant and respondent. Just as the College of Charleston Honor System demands that students maintain high standards of integrity, it also demands that students receive fair and impartial treatment in every situation. Any College of Charleston student bringing forth an allegation or accused of violating the Honor Code, Student Code of Conduct and/or other policy has the following rights:

1.1. The right to have all proceedings and information relating to a pending or disposed of   allegation kept private to the maximum extent possible, consistent with FERPA.

1.2. The right to full consultation. The complainant and respondent may seek advice concerning the case from whomever they wish, including attorneys and honor advisors.

1.3. The right to choose his/her honor advisor.

1.4. The right to have at least five (5) working days from the notice of the hearing before the Honor Board/panel/official to prepare his/her case, unless such notice is waived.

1.5. The right to be present during the entire hearing before the Honor Board/panel/official, except for deliberations.

1.6. The right to question all witnesses giving evidence about the allegation unless the evidence has been allowed in written form for good cause shown as determined by the Dean of Students.  EXCEPTION:  IN CASES OF ALLEGED SEXUAL MISCONDUCT ALL QUESTIONING IS DONE BY THE CONDUCT OFFICIAL OR PRESIDING OFFICER AND MEMBERS OF THE CONDUCT BODY. 

1.7 The right to challenge Honor Board/panel members/official on the ground of personal bias.

1.8 The right to examine all physical or documentary evidence in the case file maintained in the Office of the Dean of Students and to present evidence on his/her own behalf.

1.9 The right to request witnesses who are reasonably available to appear on his/her own behalf.

1.10 The right to remain silent without adverse inference.

1.11 The right to the presumption of not having violated a code and/or policy, to have the burden of proof borne by the College or the complainant, and to have violation(s) proven by a preponderance of the evidence.

1.12 The right to make either a written or oral statement.

1.13 The right to review the recording of the hearing in the Office of the Dean of Students if there is an appeal. The recording shall be the property of the College.

1.14 The right to a written decision of the Honor Board/panel/official from the Office of the Dean of Students within two working days of the decision.

1.15 The right to have the procedures for the reporting and disposition of Honor Code,  Student Code of Conduct, and/or other policy violations followed by all parties.

1.16 The right to waive the aforementioned rights.