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Information for Advocates and Attorneys
Guidelines for Advisors Rule 3359-41-04
An advisor may be present to protect the rights of the student charged with misconduct, in anticipation of a criminal trial. Such presence shall not be for the purpose of gathering information for use before or during a criminal trial.
An advisor may be present with the charged student in the hearing room. However, the student shall speak and act on his/her own behalf. Questions asked or testimony given by the charged student shall be limited to elements directly related to the alleged violations.
Should the advisor desire to object to the proceedings or any other issue relevant thereto, the advisor may raise a continuing objection once that will be noted by the presiding member.
The charged student, during the course of the hearing, may request a recess. Such requests may be granted by the presiding member if, in his/her opinion, good cause exists therefore. The presiding member of the hearing board will assure an orderly hearing process in order to observe fairness and due process. The presiding member is authorized to exclude persons from the hearing who are disruptive, or the presiding member may postpone the hearing due to such disruption.
The presiding member and, in the case of a hearing board, members of the hearing board may request advice from a university attorney when necessary. A university attorney, if reasonably available, may be present during the hearing. However, the role of such university attorney shall be limited as provided for herein regarding the advisor of the accused.
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