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
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 of a hearing and proceed 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
D. To submit a written summary and/or response of the incident after the
initial incident report has been reviewed by the accused student. The student’s written summary must be
submitted to the appropriate disciplinary body at least one hour prior to a
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 will have the option of a hearing with 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 assistant
director of Housing and Residence Life.
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 Ball State email address unless the student can give just
cause why such receipt substantially impaired adequate notice and preparation
for the hearing. Failure to check Ball State email will not invalidate such notice.
H. To present evidence and witnesses to the incident on
the accused 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 an advisor who is present during the proceeding. An advisor of
their choice may accompany the accused and accuser(s). The advisor may attend the
disciplinary hearing and freely counsel and assist the accused, but not act as
spokesperson, vocal advocate, or
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
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 receive written notice via Ball State email 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
O. To submit a written appeal within two administrative working days after the
delivery of the decision of the board or hearing officer.
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