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Rights

Charged Student’s Rights

  1. The right to a fair and impartial hearing.
  2. The right to a presumption of being not responsible for a violation until proven responsible.
  3. The right to be notified of the charges against him or her, the specific rule or policy involved and the time, date and place of the scheduled Pre-hearing Conference or Hearing. If the student has not furnished the university with a current address, UMBC has only to make a reasonable attempt to notify him or her at the last address provided.
  4. The right to an advisor of his or her choice. The advisor may be a family member, professor, friend, or other person. An advisor may not actively participate in the proceedings but may give advice to the Charged Student regarding how to present his or her information.
  5. The right to have questions asked of all witnesses who testify at the hearing.
  6. The right to present witnesses to testify on his or her behalf. The Hearing Board shall have the authority to limit the number of witnesses in order to avoid unreasonable delays where the testimony would be repetitious or unnecessary.
  7. The right to be present during the entire hearing (except for closed hearing deliberation) and to know all evidence used in the proceeding. The student may, however, elect not to appear; failure to appear shall not be construed as an admission of responsibility.
  8. The right to be notified in writing of the decision of the Hearing Board or Conduct Officer.
  9. The right to one appeal to the Appellate Board for any of the following causes:
    • Violation of student rights enumerated in Code of Student Conduct
    • New evidence
    • Disproportionate sanction(s)
  10. The right to have access to a recording of his or her hearing for the purposes of preparing for an appeal.
  11. The rights of privacy and confidentiality as specified by the Family Educational Rights and Privacy Act and UMBC’s Disclosure of Student Records Policy.

Charging Party’s Rights

  1. The right to an advisor of his or her choice. The advisor may be a family member, professor, friend, or other person. An advisor may not actively participate in the proceedings but may give advice to the Charging Party regarding how to present his or her case.
  2. The right to relate his/her account of the incident.
  3. The right to have questions asked of all witnesses who testify at the hearing.
  4. The right to present witnesses to testify as to the facts of the case. The Hearing Board shall have the authority to limit the number of witnesses in order to avoid unreasonable delays where the testimony would be repetitious or unnecessary.
  5. The right to be present during the entire proceeding (except for closed hearing deliberation).
  6. The right to be informed of the results of the conduct review proceeding.
  7. The right to have access to a recording of the hearing for the purpose of assisting with a response to an appeal.
  8. The right to make a written response to an appeal filed by the Charged Student.

Student Rights under FERPA

The Family Educational Rights and Privacy Act (FERPA) affords students certain rights with respect to their education records. These rights are:

  1. The right to inspect and review the student’s education records within 45 days of the day the University receives a request for access. Students should submit to the registrar, dean, or head of the academic department [or appropriate official] written requests that identify the record(s) they wish to inspect. The University official will make arrangements for access and notify the student of the time and place where the records may be inspected. If the records are not maintained by the University official to whom the request was submitted, that official shall advise the student of the correct official to whom the request should be addressed..
  2. The right to request the amendment of the student’s education records that the student believes is inaccurate or misleading. Students may ask the University to amend a record that they believe is inaccurate or misleading. They should write the University official responsible for the record, clearly identify the part of the record they want changed, and specify why it is inaccurate or misleading. If the University decides not to amend the record as requested by the student, the University will notify the student of the decision and advise the student of his or her right to a hearing regarding the request for amendment. Additional information regarding the hearing procedures will be provided to the student when notified of the right to a hearing.
  3. The right to consent to disclosures of personally identifiable information contained in the student’s education records, except to the extent that FERPA authorizes disclosure without consent. One exception, which permits disclosure without consent, is disclosure to school officials with legitimate educational interests. A school official is defined as a person employed by the University in an administrative, supervisory, academic, or support staff position (including law enforcement unit and health staff); a person or company with whom the University has contracted (such as an attorney, auditor, or collection agent); a person serving on the Board of Trustees; or assisting another school official in performing his or her tasks. A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibility.
  4. The right to file a complaint with the U.S. Department of Education concerning alleged failures by the University to comply with the requirements of FERPA. The name and address of the Office that administers FERPA is:

    Family Policy Compliance Office
    U.S. Department of Education
    400 Maryland Avenue, S.W.
    Washington, DC 20202-4605

For more detail and the definition of Directory Information, see UMBC’s Disclosure of Student Records Policy.