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Student
Due Process (024-3-6.05) |
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(1) |
Judiciary procedures at this University do
not constitute legal actions, nor are the decisions to be equated with
verdicts reached by courts of law. These procedures
simply involve the fact-finding and decision-making processes of an
educational institution. The scope of the power of the judiciary bodies
of this University is limited to that
action necessary to control conduct so as to insure the continuance
of an academic environment. The basic need for prompt and just decisions
is supported by a process
that provides for “fair
play,” which is the basic element of due process. |
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(2) |
Tennessee Technological University, in the
implementation of Board approved policies and regulations pertaining
to discipline and conduct of students, shall
insure the constitutional rights of students, by affording a system
of the constitutionally and legally sound procedures which provide the
protection of due process of law. |
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(3) |
In
accordance with University policy governing discipline, the following
minimal procedures shall be observed: |
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(a) |
The student shall be advised of the time and place of the
hearing. |
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(b) |
The student shall be advised of the breach of regulations
of which he is charged. |
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(c) |
The student shall be advised of the following rights: |
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1. |
The right to present his case. |
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2. |
The right to be accompanied by an advisor. |
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3. |
The right to call witnesses in his behalf. |
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4. |
The right to confront witnesses against him. |
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(d) |
The student shall be advised of the judiciary alternatives. |
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(e) |
The student shall be advised of the method of appeal. |
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(4) |
In
cases involving alleged sexual assault, both the accuser and the accused
shall be informed of the following:
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(a) |
Both the accuser and the accused are entitled
to the same opportunity to have others present during a disciplinary
proceeding; and, |
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(b) |
Both the accuser and the accused shall be
informed of the outcome of any disciplinary proceeding involving allegations
of sexual assault. |