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Conduct Code Judicial Structure<br />

Allegations of student misconduct may be brought to the attention of the Vice Chancellor <strong>for</strong> Student Services. Students charged with<br />

misconduct will be given the opportunity <strong>for</strong> a hearing with the Vice Chancellor <strong>for</strong> Student Services. The Vice Chancellor <strong>for</strong> Student Services<br />

reserves the right to request other College personnel to attend the hearing. Accused students will be notified of the charges against him or her<br />

and will be notified of the time and place of the hearing within 10 class days from the date of the alleged violation or when the individual is<br />

identified as an alleged violator. The accuser has the right to attend the discipline hearing and offer testimony.<br />

Judicial Rights<br />

The University of Arkansas Community College at Morrilton chooses to adhere to the following procedural guidelines to insure fairness in<br />

judicial proceedings:<br />

159.f<br />

student handbook<br />

• n The right to the presumption of innocence unless guilt is established. Guilt is determined either by an admission of guilt by the accused or<br />

by the presentation of evidence, which establishes guilt by a preponderance of evidence.<br />

• n The right to written notice of the charges against a student within 10 class days after the alleged violation has occurred or the individual<br />

has been identified as the alleged violator. If it is necessary <strong>for</strong> the charges to be sent through the mail, the charge must be postmarked<br />

within this same 10 day period.<br />

• n The right to be in<strong>for</strong>med of one’s rights. These rights are printed in the College Catalog and are available from the Vice Chancellor <strong>for</strong><br />

Student Services.<br />

• n The right to be notified of the time and place of the judicial hearing at least 48 hours prior to the hearing. This is to allow ample time to<br />

prepare <strong>for</strong> the hearing. This right may be waived in writing by the accused. If notice of the time and place of the hearing is sent to the<br />

student by mail, the hearing cannot be scheduled until five days after the postmark.<br />

• n The right to request to face one’s accuser at the hearing. The accused may notify the Vice Chancellor <strong>for</strong> Student Services in writing at least<br />

24 hours prior to the scheduled hearing if this right is exercised to ensure the accuser is present at the hearing. If the accuser exercises his/<br />

her right to not appear at the hearing, the Vice Chancellor <strong>for</strong> Student Services will determine weather in the best interest of the College to<br />

cancel the hearing and dismiss allegations against the accused or proceed with the hearing.<br />

• n The right not to answer any questions prior to the hearing.<br />

• n The right of access, upon request prior to the hearing, to all physical evidence (i.e., tapes, photographs, printed documents, etc.) to be<br />

presented at the hearing.<br />

• n The right to question the ability of the Vice Chancellor <strong>for</strong> Student Services to render an impartial judgment and to request his/her removal<br />

from the case. If such a request is made, the Chancellor shall designate the hearing officer <strong>for</strong> the case.<br />

• n All discipline hearings are closed to the public. The accused and the accuser may be accompanied to the discipline hearing only by a<br />

member of the College faculty, staff, or by a parent or legal guardian. Exceptions to this must be presented in writing to the Vice Chancellor<br />

<strong>for</strong> Student Services at least 24 hours prior to the scheduled hearing. The Vice Chancellor <strong>for</strong> Student Services reserves the right to deny the<br />

request.<br />

• n The right to testify and present evidence and material witnesses. Witnesses, other than faculty, staff, or parent/legal guardian<br />

accompanying the accused, will not be permitted to attend the hearing until requested by the Vice Chancellor <strong>for</strong> Student Services to<br />

provide testimony.<br />

• n The right to refuse to answer questions. Refusal to answer will not be taken as an indication of guilt and must be noted without prejudice.<br />

• n The right not to appear at the hearing. Non-attendance at a hearing will not be taken as an indication of guilt and must be noted without<br />

prejudice.<br />

• n The right to hear, question, and rebut adverse witnesses and to rebut unfavorable inferences that might be drawn from adverse written<br />

evidence.<br />

• n The right to be judged solely on the evidence presented at the hearing and to an explanation of the reason(s) <strong>for</strong> the decision in the case.<br />

Both the accuser and the accused shall be in<strong>for</strong>med of the outcome of any campus judicial hearing.<br />

• n The right to an appeal.<br />

Policies and Procedures Continued

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