Duke in Practice

Duke 99-00 Duke 06-07 Yale Uchicago Stanford Princeton Upenn Darmouth Cornell MIT Harvard
(but not in text)
Initial Investigation
right to know the evidence collected by the
university before making any initial statement
miranda rights system (student must be
informed of rights in writing before making
statement)
no off-campus jurisdiction

6 month statute of limitations on violations

Initiating Hearing
standard of probable cause for initiating hearing
policy is below
"Any case may be forwarded directly to a
disciplinary hearing if there is sufficient
information to believe that a policy violation
may have occurred and that the alleged
individual/group may be responsible."

right of accuser to appeal no charge finding

independent factfinder if not if not
administrative administrative
hearing hearing
explicit obligation on the part of the fact finder
to collect exculpatory evidence
reporting student right to withdraw concern at
any time
reporting student right to request panel hear
evidence when no charges filed
Information Provided Prior to Hearing

know of hearing 10 days in advance

know of hearing 7 days in advance

know of hearing 5 days in advance

know of hearing 48 hours in advance

"reasonable" notice or something similar
promised
right to know your accusers before hearing
contradicts policy below
"The complainant will also be notified of the
hearing if his/her presence is required."
the accuser has the right to notification of and
appearance at the hearing
contradicts policy above
right to know witnesses against you before
only if those
hearing
witnesses's
statements are
used in hearing
 Notebooks in the
right to be informed of precedence basement of Flowers.
Actions Available to Students Before Hearing
right to ask the chair to select an expert witness
in a field
contradicts statement
right to call witnesses if they agree to attend below
"to present additional witnesses or information
at the hearing (the relevancy of which may be
determined by the Board);" AND "The panel
may determine the extent to which witnesses
will be permitted in the hearing"

request an open hearing

contradicts 3 statements
right to a panel (if desired and requested) below
"Groups who face possible dissolution may
request a hearing by a panel of the UJB or, if
appropriate, the GJB."

"Individuals who accept responsibility for alleged

violations of university policy, but are unable to
agree on a proposed sanction, which may
include suspension or expulsion,have the right
to request a hearing before a three-person
panel of the UJB."

"Individuals who deny responsibility for serious

offenses of university policy and who face
possible suspension or expulsion from the
university have the right to request a hearing
before a five-person panel of the UJB."

3 premptory challenges to panel members

Challenge panel member with sufficient cause at
least 24 hours in advance (get names 48 hours
in advance)

student may request postponement of hearing if

new evidence becomes available
The Hearing
right to remain silent without prejudicing
findings contradicts below
accused protection from self-incrimination contradicts below
witness protection from self-incrimination contradicts below
the right "choose the extent to which they share
information" - though Dean Bryan indicated that
silence can be used in determination of guilt and
sentencing.

"student may request that

right to remain silent given outside legal criminal charges be
proceedings or other articulated justification resolved first"

right to consider proposed voluntary sanctions

without discussion affecting investigation or
finding of guilt

contradicts 2 policies
right to cross-examine any witnesses below
"An accused student also may request the
attendance of any person who has submitted a
written statement against him/her. "

Again: "The complainant will also be notified of

the hearing if his/her presence is required."

witness testimony ignored if witness not willing

to be cross-examined
"has never arisen"
witnesses not cross-examined cannot be sole or
substantial basis for conviction

"No evidence obtained through unlawful search

and seizure or in violation of the University
Statement on the Privacy of Students Rooms
and Apartments will be admissible at the
hearing."

student may request a recess

right to a recess after 1 hour (accuser, accused,
witnesses)
advisor may speak on behalf of student (at least
during certain portions of the proceeding)

reasonable doubt standard of conviction

After Determination of Guilt/Innocence

right to make own audio record of hearing

right to request a verbatim (audio or otherwise)
record of hearing
right to a (not necesarilly verbatim) record of
proceedings
 "board considers
right to appeal sanction based on "extreme hardship" - policy is (2
personal hardship" rows down)
right to respond to proposed sanction and ask to
reconsider
"Consideration may be given to the nature of
and circumstances surrounding the violation,
the students/groups acceptance of
responsibility, prior disciplinary violations, the
impact of a sanction on the student/group,
precedent cases, university interests and any
other information deemed relevant by the
hearing panel."

no double jeapardy (meaning you can't be

adjudicated by the university for the same
violation twice)
informed of decision in writing
nothing in disciplinary record released unless
required by law
"FERPA governs release of
education records.
Generally we don't
release disciplinary
records without a
nothing in disciplinary record released without student's signed
student signature permission."

Appeals
right to 15 preperatory days before appeal
heard
final appeals panel chaired by student
right to record appelate hearings
Academic Integrity Hearings
at least one faculty member on all academic
integrity charges
exclusively student panel for academic violations
Policy Formation
student government has the right to be
represented in the in the interview process of
and ultimately approve all student members of
the judicial board
board of undergrads, faculty, and deans must
recommend any policy change
board of some kind makes policy
obligation to inform student government of
changes in policy
"Any bylaw adopted or modified by the Board
can be overruled by any one of the four
following entities: the Undergraduate Senate of
the Associated Students of Stanford University,
the Graduate Student Council of the Associated
Students of Stanford University, the Senate of
the Academic Council, the Chair of the Senate of
the Academic Council, the President of the
University."

"The policies and procedures governing the

conduct of undergraduate students may be
amended at any time by the vice president for
Student Affairs and may be implemented
with adequate notice to the university
community."