IV. Student Rights and Responsibilities
The Student Rights and Responsibilities process is intended to provide that all students (whether making a complaint or responding to it) are treated in a manner which is fundamentally fair in accordance with the procedures developed by the university. Both the complaining student (“Complainant”) and responding student (“Respondent”) are entitled to the following:
A. Notification of Review Meeting
Written notice of the date, time and place for the meeting and a written copy of the Incident Report being reviewed will be given to the student. This notice may be sent to the student’s PLU email account at least 48-hours, excluding weekends and holidays, prior to the scheduled meeting. The student(s) may agree to shorter notice. (See Section XII – Special Provisions for exceptions to this Notice provision)
Students whose names appear on an Incident Report (Complainants, Respondents, and Witnesses) are required to attend the Review Meeting, unless prior arrangements have been made with the Associate Director for Student Rights and Responsibilities at least 24-hours before the meeting. The Associate Director for Student Rights and Responsibilities determines the appropriateness of the request and whether to reschedule the meeting. Conflicts with class schedules are considered when scheduling Review Meetings; however, there may be circumstances that require students to miss a class in order to attend a meeting. Students who fail to attend a Review Meeting without approval may be found responsible for Disrupting University Community and sanctioned (in addition to any other conduct violations for which the student may be found responsible).
PLU reserves the right to impose interim sanctions prior to the Review Meeting if in PLU’s sole discretion they are warranted for the safety and well-being of the university community. (See Section XII – Special Provisions)
B. Disclosure of Review Documents
Students must submit all written information they want considered by Review Officers prior to the start of the Review Meeting, except that written materials offered in strict rebuttal of information offered during the Review Meeting may be received and considered, when in the sole discretion of the Review Officers, such consideration is necessary to maintain fairness. Each student will have the opportunity to review each document before the meeting if that is reasonably possible under the circumstances, as determined by the Associate Director for Student Rights and Responsibilities in his or her sole discretion and subject to disclosure restrictions imposed by law, and if not, then at the time of the meeting. A student may request a copy of each document from the Associate Director for Student Rights and Responsibilities. Requests will be considered in light of FERPA requirements.
C. An Orderly Meeting
Students are entitled to an orderly meeting to review and discuss the Incident Report submitted. In special circumstances as determined by the Associate Director for Student Rights and Responsibilities in his/her sole discretion, meetings may be conducted via phone conference or other electronic means.
Witnesses with firsthand and relevant information about the incident may be asked to participate in the Review Meeting. (See Section VII – subsection D) for additional information on witnesses.)
E. To Speak on His or Her Own Behalf
Students may present his or her own account as to what happened regarding the incident in question. In circumstances where safety may be a concern, as determined by the Associate Director for Student Rights and Responsibilities in his/her sole discretion, any student, regardless of his/her role in the Review Meeting, may be required to attend via phone conference or other electronic means.
F. Support Person
The Complainant and the Respondent in an incident that includes Sexual Misconduct or Physical Assault may have a support person present during the Review Meeting process. Students may select one support person per conduct process and this support person must be a member of the PLU community, may not be a family member, and may not be a lawyer. A support person who accompanies a student is present for emotional support only and may not speak on the student’s behalf. The student and the support person may confer at reasonable times as determined in the sole discretion of the Review Officers. A student involved in another type of incident may have a support person (same characteristics as noted above) upon the approval of the Associate Director for Student Rights and Responsibilities. A request should be made via email to the Associate Director for Student Rights and Responsibilities at least 24 hours prior to the scheduled Review Meeting. If the student’s request is approved, other students (Respondent(s) and Complainant(s) involved in the Review Meeting will be afforded the same opportunity to have a support person present.
G. Fair and Impartial Decision Makers
(See Section VII – subsection I for additional information on disqualification of board members or Review Officers.)
H. A Written Decision
This document will include a summary of facts, decision(s), and sanction information, if applicable.
I. An Opportunity for Self-Initiated Appeal
(See Section XI for more information on the Appeal process.)
Last Modified: September 15, 2015 at 11:13 pm