Westminster College Student Conduct

Procedural Rights of Students

Each student accused of violating the Student Code of Conduct will have the following rights while their case is processed through the College judicial system:

1. A student may decline to answer questions about possible violations of the Student Code of Conduct. The refusal to answer those questions will not be considered a separate violation of the Student Code of Conduct.
2. A student may present witnesses on their behalf. In that a college hearing is not to be construed as either a criminal or civil trial, character witnesses (i.e., individuals who were not present at the alleged violation of College policy and provide information on behalf of a person only as to that person’s ethical qualities and morality both by the personal knowledge of the witness and the person’s reputation in the community) are not permitted at a judicial hearing.
3. A student may hear and question the testimony of all witnesses who testify orally and may review all written evidence submitted.
4. A student will have the opportunity to question the testimony of all witnesses.
5. A student may select an adviser of their choice. Attorneys may not serve as advisers; attorneys may be present to observe only if a student is charged with a serious crime and is charged off campus with the same offense. Advisers are not permitted to address any participants in the hearing other than the person whom they are advising in the presentation of their case. Any fees charged by an adviser would be borne by the student. The Associate Dean of Student Affairs shall be notified by the accused student (or complainant) at least 24 hours prior to the hearing that the student plans to have an adviser present.
6. A student accused of violating the College’s Student Code of Conduct is presumed innocent until it is proven that it is more likely than not that the student(s) violated the Student Code of Conduct.
7. A student shall have the right not to testify against themselves unless they choose. However, any voluntary information or statements the student makes during an investigation of a charge or during a hearing may be used as evidence or for the filing of additional charges.
8. A student shall be found responsible for violating the Student Code of Conduct only if it is proven that it is more likely than not that such a violation occurred.
9. A student will be given decisions made by the hearing officer, College Judicial Board, Appeals Board or President in a timely fashion.
10. A student’s disciplinary records will be kept confidential to the extent required by the Family Education Rights and Privacy Act. The College reserves the right to notify the parent(s) or legal guardian(s) of students who are under the age of 21 and who have been found by the College to have violated its alcohol and/or controlled substance policies.
11. A student may pursue appeals of decisions as provided in the section of Handbook for Students titled “Rights and Responsibilities.”

The same procedures followed in hearing judicial cases involving individual students are followed in cases involving student organizations. It will be the responsibility of the organization’s president and faculty adviser to attend the judicial hearing. The Associate Dean of Student Affairs or the College Judicial Board may also require some of the organization members, if necessary, to attend the judicial hearing. The notification of charges and hearing and the judicial decision will be given to the organization’s president and faculty adviser.