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Fundamental Rights of the Accused

Students and student organizations charged with violating the Standards of Conduct are entitled to the following rights under the Young Harris College student conduct system:

(1) Notice of the charge(s), an account of the alleged misconduct, a list of witnesses, and notice of the scheduled hearing delivered seventy-two (72) hours before a hearing. The student may request additional time by showing good cause.

(2) Notice of the maximum allowable penalty (i.e., expulsion).

(3) The right to a hearing closed to the public.

(4) The right to: (i) a non-adversarial hearing before the Director of Student Conduct and Community Standards or their designee; or (ii) an adversarial hearing before a college hearing board with jurisdiction.

(5) The right to testify or remain silent in a college hearing at their option. However, a college board is not prohibited from drawing an adverse inference against a student if the student remains silent or refuses to attend a disciplinary hearing, or testifies in response to evidence offered against them. A college hearing board shall not base its decision solely on a student’s failure to attend a hearing or a student’s refusal to testify or remain silent.

(6) The right to present the testimony of witnesses or other evidence at a hearing.

(7) The presumption of innocence. The burden of proof rests with the college, such that the college must prove the student’s guilt by a preponderance of the evidence.

(8) A written decision specifying the rule violated, penalty assessed, and right of appeal.

(9) The right to challenge the seating of any board member for good cause. The dismissal of a challenged hearing board member shall be at the discretion of the hearing board chairperson. If the chairperson is challenged, they may be excused at the discretion of the majority of the hearing board.

(10) The right to have their case heard only on the misconduct specified in the written notice.

(11) The right to challenge the admissibility of evidence.

(12) The right to cross-examine all available adverse witnesses.

Appeal the decision of a college disciplinary board in accordance with the “Appeals Process” as detailed herein.