Role of an Advisor

In meetings with the Office of Student Conduct, students respondents are entitled to bring an advisor (e.g.: friend, family member). Attorneys may not permitted to serve as advisors, except under certain circumstances. Meeting requests sent by OSC typically indicate if an attorney may advise a student.

Students must speak for themselves in the conduct process. Advisors can frequently help students understand the conduct process, suggest questions to ask, or remind a student of important facts to bring up.

Both the Complainant and the Respondent may be accompanied by an Advisor of their choice at any meetings, conferences, interviews, or hearings related to the student conduct process.

Rights and Selection of an Advisor

• A Student charged, Respondent, will be informed of their right to an Advisor when they receive the initial notice of an alleged violation.
• The Student charged may:
  • Select an Advisor of their own choosing, or
  • Request the University to provide an Advisor.
• If a University-appointed Advisor is requested, the Student must notify the Student Conduct Administrator no later than five (5) days before the relevant meeting, conference, interview, or hearing.
• With written permission from the Student charged, the Advisor may receive updates during the conduct process.
• University-provided Advisors will receive training on the student conduct process and their role.

Advisors for Witnesses

Any witness who is an alleged victim of Discrimination, Harassment, Retaliation, Sexual Misconduct, Sexual Exploitation, Domestic Violence, Dating Violence, or Stalking may also be accompanied by an Advisor of their choice during the conduct process.

Role and Conduct of Advisors

Student conduct proceedings are intended to be educational, not formal legal trials. Although sanctions may be imposed, the process emphasizes learning and accountability.

Advisors are limited to:

• Observing and consulting with their advisee, and
• Providing emotional support during the process.

Advisors may not:

• Speak on behalf of the Student or Complainant,
• Actively participate in the proceedings, or
• Delay any part of the conduct process.

Advisors may provide comfort (e.g., passing tissues or water, offering quiet encouragement like “It’s okay”), but may not otherwise interact with their advisee during the hearing unless on a break. If an Advisor engages in inappropriate behavior, the Hearing Officer may issue a warning and, if necessary, remove the Advisor from the hearing or meeting as outlined in Article III.D.7 of the Student Conduct Process Policy.

Attorney Participation

• Each campus president determines, via campus directive, whether attorneys may be present in student conduct proceedings, excluding cases involving the CSU’s Nondiscrimination Policy.
• Regardless of campus policy, attorneys may serve as Advisors in the following situations:
  • Where criminal charges are pending based on the same facts as the conduct case, or
  • Where expulsion is a potential sanction.

Any person who wishes to have an attorney present as an Advisor must notify the Student Conduct Administrator in writing at least five (5) working days prior to the hearing. The notice must include the attorney’s name, address, and phone number.

Restrictions on Advisor Eligibility

An Advisor may not be an individual who has, or is expected to have, relevant information about the allegations and may be interviewed or called as a witness in the investigation or hearing.

Initial Meeting

Most allegations of misconduct against students are resolved informally (by agreement). The purpose of the initial conference is to provide the student with an opportunity to review the allegations, understand the factual basis for the charge, and respond.

Sometimes, allegations are the result of misunderstanding and the charges are dismissed. Frequently, students agree their behavior violated policy and agree with OSC on a sanction. When cases are not resolved by agreement, the matter may be resolved at a formal hearing before a hearing officer.

Students who fail to respond to a request for a conference waive their opportunity to meet. Additionally, holds are places on registration, transcripts, and graduation. Students who fails to attend a scheduled hearing waive their opportunity to participate in the hearing process.

The University discipline process is separate from the instructor’s grading determination.

Disciplinary Records

Under Federal Law, no person outside the University (including parents) may access a student disciplinary record without permission from the student or a subpoena. Only University employees with a legitimate educational interest in a student record may access that information.

Except where otherwise provided by law, non-employee students may never access other students’ confidential records. The majority of sanctions are not recorded on a student transcript.