24 Due Process Rights

Students at Murray State College are afforded due process rights throughout the student conduct process. Any and all rights afforded to a responding party during any student conduct action will also be afforded to a reporting party as appropriate.

The two fundamental process rights are:

Notice: Responding parties and complainant (when appropriate) will be given written notice of Student Code of Conduct allegations.
Administrative Process or Hearing: Responding parties and complainant (when appropriate) will be given an opportunity to present information, including witness testimony and/or statements, during a fair and impartial Administrative Process or hearing

Rights of Students Participating in a Student Conduct Action

All students have the right to:

1. Notice: Students accused of a conduct violation shall receive written notice of the allegations against them. The notice should include a clear description of the alleged violation, the specific college policy or code of conduct provision violated, and the possible sanctions that may be imposed.
2. Timely and Adequate Hearing: Students have the right to a timely and adequate hearing before a neutral and impartial decision-maker. The hearing should be scheduled within a reasonable timeframe and allow the student sufficient time to prepare their defense. The student must also be provided with a meaningful opportunity to present their case and challenge the evidence presented against them.
3. Right to Present Evidence: Students have the right to present evidence and call witnesses on their behalf during the conduct hearing. This includes the right to cross-examine witnesses and challenge the credibility of the evidence presented.
4. Right to Legal Representation: Students may choose to be represented by an advisor or legal counsel of their choice during the conduct hearing. While the advisor cannot actively participate in the proceedings, they can provide guidance and support to the student.
5. Written Decision: The decision-maker shall provide a written decision following the conduct hearing. The decision should include findings of fact, conclusions of law, and a rationale for the decision. If the student is found responsible, the decision should also outline the imposed sanctions and the reasoning behind them.
6. Right to Appeal: Students have the right to appeal the decision if they believe it to be unjust or based on procedural errors. The appeal process should be clearly defined and allow students to present new evidence, challenge the decision, or raise concerns about procedural fairness. An impartial body or committee should be designated to review the appeal.
7. Confidentiality: All proceedings related to the conduct review process, including the hearing and any related documents, should be kept confidential to the extent permitted by law and college policy. Personal information should be handled in accordance with applicable privacy regulations.
8. Prohibition of Double Jeopardy: Students cannot be subjected to multiple disciplinary actions for the same incident or conduct violation. Once a final decision has been reached, the matter should be considered closed, and the student should not face further disciplinary action related to the same incident.
9. Compliance with Applicable Laws: The conduct review process must comply with all applicable local, state, and federal laws, as well as college policies and regulations. This includes ensuring that the process respects the rights of students, protects against discrimination, and upholds fundamental principles of fairness and justice.