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Student Conduct & Conflict Resolution |
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Student Rights and Responsibilities Victim Rights/ Witness Information Admissions Clearance Committee Dean Certifications and Student Verification
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Please contact the Victim Advocacy Center for additional information and helpful resources.
(a) Victims’ rights apply to
the following types of cases:
(b)Rights information to the hearing body and to any other relevant meetings held throughout the disciplinary process. 2.To submit a victim impact statement to the hearing body. This information will be used only in the sanctioning phase of deliberations, if the charged student is found responsible for the charge(s). 3.To have unrelated past behavior excluded from the hearing. The chair of the hearing body will decide if such information is unrelated. 4.To submit questions to the hearing body. The hearing body will then consider posing those questions to the charged student. 5.To testify in limited privacy, as long as the process does not compromise the charged student’s right to confront and question witnesses. Determination will be made by the Director for Judicial and Mediation Services in consultation with the University Victim Advocate. 6.To be present throughout the entire hearing, or portions thereof. Determination will be made by the Director for Student Conduct and Conflict Resolution. 7.To be notified of the judicial hearing outcome and appeals outcome. 8.To appeal the hearing decision on the basis outlined in Section 13(c),Victim’s Appellate
Process.
(c) Victim’s Appellate
Process. have substantially have affected the outcome of the hearing. 1.A written request must be submitted to the appropriate appellate body within (7) seven calendar days of receipt of the hearing decision to file an appeal. The nature of the new evidence must be described in full detail. 2.The appellate review will follow procedures as outlined in 15(d)1. 3.If an appeal is granted, the appellate body will remand the decision to the original hearing body for review of only the new evidence as outlined in the victim’s appeal letter. 4.The decision of the
appellate body is final agency action.
What is the Victim Impact Statement? It is a written letter to the Student Conduct Committee explaining how the incident that you have have been a victim of affected you and what sanctions you would like imposed.
Do I get to question the charged student? Yes, but not directly. You may submit written questions to the Committee and the Committee will consider posing the question to the charged student.
May I have a person accompany me for support? If you are a victim of alleged misconduct, you may have a person with you in the hearing for support. This person may advise and support you by may not speak for you or interact with the Student Conduct Committee or charged student.
What happens if you do not appear in the hearing as a witness? You may be charged with failure to comply and a hold will be placed on your records and registration withheld. Students are required to appear as witnesses when requested to do so.
How long with the hearing last? Due to the nature of the hearing procedures you may be required to attend the hearing for a lengthy period of time depending upon the number of people involved and the extent of information.
Will the charged student be in the room while I am present? The charged student has the right to hear your testimony and the answers to the questions of the Student Conduct Committee. The charged student may also ask you questions. The questions are directed to the committee so that you are not intimidated. However, if you are a victim of an alleged misconduct you have the right to testify in limited privacy.
Do you have to be physically present at the hearing? Witness are required to be present at the hearing. However, witness may testify via speakerphone if approved by the Director of Student Conduct and Conflict Resolution (or designee) due to extenuating circumstances. If you are a victim of alleged misconduct you have the right to be present for the entire hearing or portions thereof.
Where can I obtain a copy of the FIU Student Handbook? You may obtain a copy from Campus Life, Graham Center, Room 2240
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