Student Rights
Presumption of INNOCENCE.
It is presumed that a student charged with a violation of the Code is not responsible unless proven otherwise or there is an admission of responsibility. The Burden of Proof lies with the University. A finding of responsibility will be based on a preponderance of the evidence.
Notice of the CHARGES.
If SJA determines that a student must be charged with violations of the Code, a formal notice is sent to the student. The notice of charges identifies the sections of the Code the student is charged with violating and an explanation of the facts, gleaned from the investigation that support the charges.
Choosing not to PARTICIPATE.
Although the process works best when students participate, students may choose not to participate in the resolution of the case; however, the hearing panel may elect to proceed in their absence.
Right to an ADVISOR.
Students may be accompanied by one advisor at any stage in the proceedings. An advisor’s role is to provide assistance in preparation and conducting meetings and hearings rather than speaking on the student’s behalf. An advisor can be anyone that a student wishes to work with such as a friend, a relative, a lawyer, or a representative from the Berkeley Student Advocates Office.
Right to be heard by a HEARING PANEL.
Students can present their case before a disciplinary hearing panel composed of members from the University’s Committee on Student Conduct (faculty, staff, & students).
Right to APPEAL the decision.
In the event that a case is heard by a hearing panel, students have the right to appeal the findings issued by the Dean of Students (based on recommendations of the disciplinary hearing panel) to the Vice Chancellor of Student Affairs.
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