Provisions for the Charged Student or Organization

1. The Student or Organization has a right to a fair and impartial hearing and hearing officer in accordance with the requirements of the Code. The student will receive seven (7) class days’ notice via their FGCU Student University email of any hearing. All students are expected to check their FGCU issued student email and review email messages sent by the university. Alternative methods for communicating with a student may be used when the Dean of Students determines that extenuating circumstances exist. In all cases, the student will receive written notice of the allegations. 2. The student will receive notice via FGCU student issued University email of the alleged Violations of the Code for which they are being charged. This notice will include all known information of the incident. 3. Case information will be provided in the Information Session prior to and during the hearing. At least five (5) class days before the hearing or disciplinary proceeding, the university must provide the student or student organization with: a listing of all known witnesses that have provided or will provide information against the student or student organization. A student or student organization may call witnesses or provide witness statements on their behalf. It is requested that the student provide witness statements or witnesses at least five (5) class days prior to the disciplinary proceeding. The student will have the right to request the Information Session to be scheduled five (5) class days prior to the scheduled date of the hearing for the purpose of allowing the student to inspect any and all available documents and information, discuss the charges, and the code of conduct process. If the student does not schedule the Information Session prior to the hearing, the Information Session will occur directly before the hearing. 4. No participant in the conduct process, including the student, Respondent, Impacted Person, or witness will be required to present testimony that is self-incriminating. Self-incrimination and the right to remain silent may not be used against the student or student organization. A student or witnesses choice to omit information will not be considered as grounds for appeal. 5. The student may be assisted by one advisor of their choice, at their own expense (except in Title IX cases). The advisor may participate in all aspects of the hearing or disciplinary proceeding including the presentation of relevant information and questioning of witnesses. The advisor is expected to adhere to the advisor decorum expectations as set forth by the university. 6. The student may hear and question witnesses, who are available to provide a statement in person at the hearing. Witnesses who are unable to attend the hearing can submit witness statements at studentconduct@fgcu.edu. 7. The student may present relevant information, evidence, and witnesses, so long as those witnesses and evidence have actual knowledge pertaining to the alleged violations. The failure or refusal of a witness to present information at a hearing shall not be grounds for appeal or delay. Any and all witnesses are required to be named and cannot remain anonymous. 8. The standard of proof necessary for a determination that a Violation of any provision of this Code has occurred is a preponderance of the evidence. This means the information presented supports the finding that the Violation more likely than not occurred. All hearings shall be conducted with the presumption that no violation occurred by the student. The burden of proof shall not be upon the student who is subject to the hearing. 9. The student will be notified via their FGCU student issued University e-mail of the outcome of the hearing within five (5) class days from the date of the hearing, unless extenuating circumstances arise. If extenuating circumstances arise, this delay will be communicated to the student via their FGCU student issued university e-mail. 10. The student may appeal the determination of responsibility in accordance with the requirements of Article F of the Code.