Right to Due Process

1. The Accused

Any student accused of violating the Student Conduct Code has certain rights:

a.   The right to be advised that a complaint is being investigated, and the right to be advised of the potential charges.

b.   The right to review the evidence.

c.   The right to decline to make statements.

d.   The right to submit a written account relating to the alleged charges.

e.   The right to know of the identity of individuals who will be present at an administrative conference or a Court hearing.

f.    The right to have a person of choice, including legal counsel, present throughout any and all proceedings provided for in this Code.

g.   The right to a reasonable period of time to prepare for a hearing, and the right to request a delay of the hearing for urgent circumstances.

h.   The right to hear and question witnesses and the accuser.

i.    The right to present relevant evidence and witnesses.

j.    The right to have past conduct that is irrelevant to the case not discussed during the proceedings. In the case of rape and sexual assault, this is specifically provided for in Montana law.

k.   The right to timely adjudication of charges as provided in this Code.

2. The Alleged Victim

  1. Some actions that violate the Student Conduct Code involve a person who is an alleged victim of a violent crime. Violent crime may include acts such as robbery, vandalism, aggravated assault, sexual assault, harassment, and acts that endanger another’s safety. When a member of the University community files a complaint and is identified as an alleged victim of a violent crime, that individual is entitled to certain rights in the disciplinary process.
  2. An alleged victim of a violent crime is entitled to the following:
  3. The right to meet with the designated administrative officer to discuss the various aspects of the disciplinary process.
  4. The right to submit a written account of the incident and a statement discussing the effect of the alleged misconduct on himself/herself.
  5.  The right to have a person of choice, including legal counsel, present throughout any and all proceedings provided for in this code.
  6.  The right to be informed of the date, time, and location of the administrative conference (or University Court hearing), and the right to be present at all stages of the proceedings except the private deliberations of the administrative officer (or University Court).