What are my rights in the discipline process?
Students at the University of Rochester are afforded rights under the “fundamental fairness” section of the University Discipline Policy (PDF). Student rights are limited to those listed in this section, and to the fact that the University must follow its policies as a contractual obligation.
The industry standard for due process includes the following rights (from NASPA Journal 33 (1996):122)
- notice of the charge, including sufficient detail to inform the student about the nature and facts of the incident
- notice of who will present information at the hearing
- reasonable notice of the hearing (including one continuance for good cause, at the request of the student)
- a copy of any established procedures
- to have an individual hearing if more than one student is charged
- to be present at the hearing
- to face the accuser
- to be heard and to present information
- to an advisor
- to question all those presenting information
- to call on others to present information
- to remain silent
- to an impartial decision
- to timely notice of the decision
- to a record of the proceedings
- to appeal
*The information on this page is provided as an advisory notice only, and is not sanctioned by the University nor part of University policy.
- Albert v. Carovano, 851 F.2d 561 (2d Cir. 1988)
- Miller v. Long Island University, 85 Misc. 2d 393, 380 N.Y.S.2d 917 (NY Sup Ct 1976)
- Bittle v. Oklahoma City University, 2000 OK CIV APP 66; 6 P.3d 509; 2000 Okla. Civ. App. LEXIS 22; 71 O.B.A.J. 1651