Due Process

If a student is faced with possible eviction from residential life or suspension or expulsion from the university due to a policy violation he or she has the following constitutional rights:

  • Notice of the charges and the time and place of the hearing.
  • Opportunity to participate in a fair hearing.

Plymouth State University also provides the following:

  • Notice of the witnesses that may be present at the hearing.
  • Opportunity to view the documented evidence prior to the hearing.
  • Opportunity to have an advisor from the university community present during the hearing. The hearing officer for the particular case must be notified, no later than 4:30pm the day prior to the hearing, of the name and contact information of the advisor.
  • Opportunity to have witnesses of the alleged violation speak on accused student’s behalf at the hearing. If several witnesses will state the same information the number of witnesses may be limited. Witnesses must have relevant knowledge of the incident in question. Character witnesses are generally not allowed and may be limited. The hearing officer for the particular case must be notified no later than 4:30 p.m. the day prior to the hearing of the names and contact information of witnesses. It is the accused student’s responsibility to obtain their witnesses and communicate the time and location of the hearing to them.
  • Written findings and sanctions imposed.
  • If a student is engaged in the legal system for the same alleged violation he/she may have his/her attorney for that case present at the hearing to act as an advisor to the student. Whether or not an attorney may attend the hearing is decided by the hearing officer overseeing that particular case. The schedules of lawyers will not be taken into consideration in determining the timeline of the university’s conduct process. In order to maintain fairness towards all parties involved in the hearing if the attorney is allowed to attend he/she is not allowed to speak on behalf of the accused student or question witnesses.
  • Opportunity to petition for an appeal.