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Student Rights and Responsibilities

The following is a comprehensive list of student rights and responsibilities within the Office of Housing and Residence Life's disciplinary system at Ball State University. All students are responsible for reading and understanding these rights. Students have the right:

A. To be presumed not in violation in all cases where the charge(s) against the accused is contested, and to have all the alleged violations evaluated based on a preponderance of the evidence.

B. To be given written notice of charges filed, the person(s) filing charges, and notification of student rights in a reasonable amount of time from the date the charges were filed.

C. To waive the 42-hour notice and proceed immediately to a disciplinary option in consideration of a more immediate disposition of the alleged violation(s). This request must be made in writing to the appropriate disciplinary body.

D. To file an incident response form after the initial incident report has been signed by the accused student.

E. To waive the right to a hearing if the accused admits to the violation.
F. To a fair, expeditious hearing by a disciplinary body, which will hear cases in a reasonable amount of time upon receipt of charges filed against the accused. For violation of residence hall probation and violations that could result in housing contract cancellation, a student may request that their disciplinary body be either an assistant director of Housing and Residence Life or the Conduct Board. In the event the Conduct Board is inoperative, the student shall receive a hearing by the appropriate residence life staff member.

G. To be given notice of the time and place of the disciplinary hearing at least 42 hours prior to the hearing. Notice shall be considered received upon delivery to a student's hall address unless the student can give just cause why such receipt substantially impaired adequate notice and preparation for the hearing. Failure to pick up mail will not invalidate such notice.

H. To present evidence and witnesses to the incident on the accused's own behalf. Witnesses may testify and answer questions posed during the hearing. If the accused is unable to locate or receive compliance from any student asked to testify, they may seek the assistance of the appropriate residence hall staff. However, the Office of Housing and Residence Life will not compel a student to testify against his or her will.

I. To select a student advisor who is present during the proceeding. An advisor of their choice who is a student may accompany the accused and accuser(s). The advisor may attend all and freely counsel and assist the accused, but not act as spokesperson or vocal advocate.
J. To challenge for cause any member of the Conduct Board with perceived bias. If the accused can establish bias on the part of the challenged member, the member will be excused and the remaining Conduct Board members will hear the case.

K. To challenge the alleged violations and pose questions to the accuser(s) and witnesses. This will be conducted in a calm and respectful manner. The disciplinary body may determine the appropriateness of any question asked. They will retain the authority to question all witnesses and parties to the alleged violations.

L. To be absent from the hearing. Should the accused elect not to appear, the hearing shall be held in his or her absence. No recommendation for the disposition of sanctions shall be based solely upon the failure of the accused student to answer charges or appear at the hearing.

M. To be determined in violation or not in violation based on a preponderance of the evidence.

N. To written notice of the decision in a reasonable amount of time. The notice shall specify if the accused has been found in violation or not in violation of residence hall policies and the disposition of any sanctions.

O. To appeal within two administrative working days after the delivery of the decision of the board or hearing officer.
Housing and Residence Life
LaFollette Complex (LA), room N-10
Ball State University
Muncie, IN 47306

Hours: 8 a.m.-5 p.m. Monday-Friday (summer 7:30 a.m.-4 p.m.)
Phone: 765-285-8000
Fax: 765-285-3743
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