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'Rights and Freedoms of Students'

Joint Statement by Ten Educational Associations

Students detected or arrested in the course of serious violations of institutional regulations, or infractions of ordinary law, should be informed of their rights. No form of harassment should be used by institutional representatives to coerce admissions of guilt or information about conduct of other suspected persons.

Status of Student Pending Final Action: Pending action on the charges, the status of a student should not be altered, or his right to be present on the campus and to attend classes suspended, except for reasons relating to his physical or emotional safety and well-being, or for reasons relating to the safety and well-being of students, faculty, or university property.

Hearing Committee Procedures: When the misconduct may result in serious penalties and if the student questions the fairness of disciplinary action taken against him, he should be granted, on request, the privilege of a hearing before a regularly constituted hearing committee. The following suggested hearing committee procedures satisfy the requirements of "procedural due process" in situations requiring a high degree of formality:

The hearing committee should include faculty members or students, or, if regularly included or requested by the accused, both faculty and student members. No member of the hearing committee who is otherwise interested in the particular case should sit in judgment during the proceeding.

The student should be informed, in writing, of the reasons for the proposed disciplinary action with sufficient particularity, and in sufficient time, to insure opportunity to prepare for the hearing.

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The student appearing before the hearing committee should have the right to be assisted in his defense by an adviser of his choice.

The burden of proof should rest upon the officials bringing the charge.

The student should be given an opportunity to testify and to present evidence and witnesses. He should have an opportunity to hear and question adverse witnesses. In no case should the committee consider statements against him unless he has been advised of their content and of the names of those who made them, and unless he has been given an opportunity to rebut unfavor able inferences which might otherwise be drawn.

* All matters upon which the decision may be based must be introduced into evidence at the proceeding before the Hearing Committee. The decision should be based solely upon such matter. Improperly acquired evidence should not be admitted.

* In the absence of a transcript, there should be both a digest and a verbatim record, such as a tape recording, of the hearing.

* The decision of the Hearing Committee should be final, subject only to the student's right of appeal to the President or ultimately to the governing board of the institution

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