Due Process

Students involved in allegations of misconduct are entitled to:

1. Meet with an official from the Dean of Students office regarding the conduct matter in question.
2. Refuse to answer any questions or make self-incriminating statements.
3. In cases involving Title IX/Sexual Misconduct, the responding party is presumed to not be responsible for the alleged conduct until a determination regarding responsibility is made at the conclusion of the grievance process.
4. Have an adviser that is an OU faculty, staff, or student to offer support to the student. If necessary, the Dean of Students office will assist in identifying an adviser that is part of the OU community; provided, however, that OU does not guarantee that: (i) OU will be able to secure an adviser for the student; and/or (ii) OU will be able to secure a particular adviser selected by the student. Notwithstanding anything in this paragraph to the contrary, it is the student's responsibility to secure and communicate with his or her adviser. An adviser may attend an administrative or committee hearing; provided, however, that the adviser's only role in any committee hearing is to observe and provide support and the adviser will not be allowed to otherwise actively participate in a hearing.
5. In cases involving sexual misconduct and Title IX sexual harassment, both students may have an adviser of their choice, including an attorney. If a party in a sexual misconduct/Title IX sexual harassment matter does not have an adviser at the hearing stage, the University will appoint an adviser for them at no cost.
6. Have information maintained in a reasonably confidential manner, if allowed by law, to the extent provided by Applicable Law. Confidentiality cannot be guaranteed. Except as otherwise provided in the SCC or as prohibited by University Policy or other law, complaints, charges, witness names and evidence may be shared among University employees or external parties on a need-to-know basis. In cases involving sexual misconduct, the reporting party may request confidentiality and the process outlining how such requests are handled can be found in the Student Code of Conduct Hearing Process.
7. Request that OU take immediate and interim measures to protect parties involved and the OU community throughout this process, regardless of whether the matter is adjudicated through the SCC or reported as a crime to the OUPD.
8. Be provided supportive services. In Title IX/Sexual Misconduct matters, this includes non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without a fee or charge to the reporting party or responding party before or after the filing of a formal complaint or where no formal complaint has been filed.
9. Receive a written statement of the charges prior to any hearing. In addition, in Title IX/Sexual Misconduct matters, receive a written statement of the allegations prior to an investigation.
10. Except for Title IX/Sexual Misconduct matters, choose either an administrative or a committee hearing (responding party only). On occasion, a less formal means may be used for resolving complaints if the reporting and responding parties voluntarily agree; however, such means will not be used to address allegations of sexual violence and the responding party may request an administrative or committee hearing at any time before completion of any less formal means.
11. Bring witnesses to a committee hearing who have direct information relating to the case and present exhibits at a committee hearing. The reporting and responding parties must notify the Dean of Students office in writing prior to the hearing of the names of any witnesses who will testify at, and exhibits that will be presented at, the committee hearing. Information from character witnesses must be submitted in writing.
12. Ask questions of the witnesses, including the reporting party. However, due to the sensitive nature of some incidents, in some cases questions will be submitted to the Chairperson of the hearing panel to ask the questions of the reporting party on the responding party's behalf. The Chairperson must deem the question(s) appropriate and relevant to the hearing. The parties will be notified by the Dean of Students office in such circumstances.  However, in Title IX/Sexual Misconduct committee hearings, each party’s adviser will ask questions of the other party and of the witnesses rather than submitting the questions to the Chairperson to ask them. The Chairperson must deem the question(s) relevant before the party or witness answers and must explain the reasons for not allowing any questions.
13. Receive 72-hour notice of the time, date, and place of a committee hearing along with a list of potential witnesses and exhibits that have been provided to the Dean of Students at that time; in Title IX/Sexual Misconduct matters, 10-day notice will be provided. The Dean of Students will notify both parties, prior to the committee hearing, if any other witness names or exhibits are provided to the Dean of Students.
14. Exclude, without explanation, one committee member. Notice must be given at least 24 hours prior to the hearing via written notification or by telephone. The excluded committee member will not participate in the hearing. The Dean of Students may be present at the hearing but does not participate in determining responsibility for the allegations.
15. Except for Title IX/Sexual misconduct matters, choose to resolve the matter in an administrative hearing with the understanding that selecting an administrative hearing means the responding party waives the rights provided to them in #11, #12, #13 and #14.
16. Know that, if held responsible, the conduct committee or the Dean of Students conducting the administrative hearing may impose one or more sanctions as provided in this SCC; for Title IX/Sexual misconduct matters, the conduct committee or the Dean of Students will also decide on remedies for the reporting party. Determination of responsible or not responsible is based on a “preponderance of evidence” standard, meaning that it is “more likely than not” that a violation has occurred.
17. Receive written notification of the decision reached by the hearing panel concurrently and the right to request an appeal in writing within ten business days if there is new evidence or a significant procedural error. In cases of Title IX / Sexual Misconduct, there is an additional basis of appeal based upon conflict of interest or bias that affected the outcome of the matter.