Mississippi College affirms the following students’ rights and privileges in student conduct proceedings:
- To be informed of the Mississippi College Student Code and its corresponding procedures;
- To petition for redress of a grievance arising from an incident which violates Mississippi College policy and/or the Mississippi College Student Code. Any member of the Mississippi College community may file a student conduct charge or complaint against a student when that person believes the student has violated any Mississippi College policy;
- To receive notice of any alleged violations of Mississippi College policy and/or breaches of the Mississippi College Student Code;
- To have the benefit of opportunity to be heard by an impartial Hearing Board or Hearing Officer in addressing an allegation(s) of a violation of Mississippi College policy;
- To have one advisor present in a student conduct conference and/or hearing. An advisor may not participate directly in a student conduct conference and/or hearing process nor may an advisor address any participant in the student conduct conference and/or hearing process other than the student the advisor represents. An attorney will not be allowed to serve as an advisor.
- To examine any information, pertinent records to be used against him or her;
- To view the list of witnesses against him or her at the Administrative Student Conduct Conference or prior to a hearing in front of a hearing board;
- Incident reports serve as official documentation to incidents involving students. Incidents that are considered valid for review when the circumstances warrant, include, but are not limited to, the following: alleged misconduct, actions that may be potentially harmful to one’s self or others, or actions that may cause potential damage to personal or Mississippi College property. Students have the following rights regarding information on incident reports:
a. A students has the right to contest the information pertaining to him or her on the report;
b. A student has the right to present or provide information regarding his or her alleged conduct
as stated in the report;
c. A student has the right to submit information to contest his or her alleged actions or
Mississippi College provides the following rights to the complainant. The cases to which these rights may apply, but are not limited to, those involving charges of Sexual Misconduct, Abuse and/or Hazing. Complainants must notify the Chief Conduct Officer, or his or her designee, at least two (2) class days prior to the scheduled hearing, if they wish to exercise any of the following rights listed below:
- To have his or her unrelated past behavior excluded from the hearing. The Chief Conduct Officer, or his or her designee, will decide if such information is unrelated. The past sexual history of the complainant is not relevant, unless deemed essential by the Chief Conduct Officer, or his or her designee, to protect fundamental due process.
- To attend an information session, during which time the complainant can view of all of the information related to the case and receive instruction regarding the conduct process and rights of the individuals involved. Mississippi College shall provide notice to the complainant of these rights at leave five (5) school days prior to a student conduct hearing.
- To have one advisor accompany the complainant when presenting information to the Chief Conduct Officer or his or her designee, the hearing board and to any other relevant meetings held throughout the student conduct process. An advisor may not participate directly in a student conduct conference and/or hearing process nor may an advisor address any participant in the student conduct conference and/or hearing process other than the student the advisor represents. Only in cases involving a violation of Article III, Section X: Sexual Misconduct or where criminal charges or civil action are filed, pending or potential, will an attorney be allowed to serve as an advisor (If charges or actions are not filed, the Chief Conduct Officer will have the final say in determining whether they are pending or potential.)
- To provide information including presenting witnesses and/or signed written statements, as well as other relevant reports and documentary information.
- To question the respondent and witnesses during the hearing. Questions to the respondent will first be posed to the hearing board, and depending on the case, the hearing board will pose the questions to the respondent.
- To submit an impact statement to the Chief Conduct Officer or his or her designee. This information will be used only in the sanctioning phase of deliberations, if the respondent is found responsible for the charge(s). The respondent may request to view the impact statement. The request will be considered by the Chief Conduct Officer or his or her designee, in consultation with the complainant.
- To request to speak in a separate room from the charged student during the hearing procedure, as long as the process does not unduly compromise the respondent’s fundamental due process right to question the witness.
- To request to be present throughout the entire hearing, or portions thereof. This option will be considered by the Chief Conduct Officer or his or her designee, and the decision shall be final and not subject to appeal.
- To be notified of the status and outcome of the student conduct process at the first hearing level and final outcome to the extent that the outcome directly relates to the complainant and the notification does not violate the privacy rights of the respondent.
- To appeal any first-level decision, provided that one or more of the reasons for appeal listed in Article V: Student Conduct Procedures, Appeals, is relevant to the case. On appeal, the burden of proof rests with the complainant to show clearly that an error substantially affecting the outcome of the proceedings, or constituting a fundamental due process right of the complainant, has occurred during the first level hearing process. The appellate body varies depending on the initial hearing board and is outlined in “Article V: Student Conduct Procedures, Appeals” of this Code.