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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 a hearing.

2. Notice of the charge(s) and an account of the alleged misconduct.

3. Notice of the maximum allowable penalty (e.g., expulsion).

4. The right to a hearing closed to the public.

5. The right to a hearing: (i) before the Director of Community Standards and Student Conduct or the Director's designee or (ii) before the Student Disciplinary Board.

6. The right to have an advisor from the full-time faculty, staff or student body at Young Harris College. The advisor may not participate directly in the hearing, but may provide advice to the student. An advisor who does not adhere to the expectation of no direct participation will be removed from the hearing. Attorneys and/or legal advisors, parents and/or legal guardians are not permitted in the YHC conduct process.

7. The right to testify or remain silent in a college hearing.

8. The right to present the testimony of witnesses or other evidence at a hearing.

9. The right to participate or not participate in the adjudication process. However, when a student chooses not to participate, the case will be decided based upon the information available.

10. The presumption of innocence. The burden of proof rests with the College, such that the College must prove the student is responsible by a preponderance of the evidence.

11. A written decision specifying the rule violated, penalty assessed and right to appeal.

12. The right to challenge the participation of any board member for bias or conflict. 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.

13. The right to have the case heard only on the misconduct specified in the written notice.

14. The right to challenge the admissibility of evidence.

15. The right to cross-examine all available witnesses.

16. The right to appeal the decision of a college disciplinary board in accordance with the “Appeals Process” as detailed herein.