Advisors and Representation During the Conduct Process

Part 6.

NOTE: FOR CASES INVOLVING SEXUAL ASSAULT, STALKING, GENDER-RELATED HARASSMENT, DATING OR DOMESTIC VIOLENCE, OR OTHER PROHIBITED CONDUCT AS DEFINED IN THE SEXUAL HARASSMENT, ABUSE, AND ASSAULT PREVENTION POLICY, SEE PART 10 FOR OVERVIEW OF PROCESS

6.1 Hearing Boards or officers may be advised throughout the process by an advisor appointed by the University. The advisor may be internal personnel or an external professional, and may include attorneys.

6.2 Complainants and Respondents may be advised throughout the conduct process by a procedural advisor. Persons who may serve as procedural advisors are limited to fulltime students, faculty, and staff of Syracuse University. Parents/guardians are not permitted to serve as procedural advisors, except in cases involving allegations of sex-based discrimination or harassment, such as sexual assault, sexual harassment, dating/domestic violence, or stalking.

The Dean of Students Office maintains a pool of trained University community members who may be available to provide procedural advice and support to complainants and respondents in standard conduct cases. Assignment of a procedural advisor from the Dean of Students Office is based on availability and is not guaranteed. Excluding interim suspension hearings, requests for a procedural advisor should be made at least 72 hours prior to the hearing. Advisors for cases involving sexual harassment or assault are discussed at Part 10.8 below.

6.3 Complainants and Respondent may not be advised by attorneys, except where criminal or civil proceedings are also pending against a party, or the case involves allegations of sex-based discrimination or harassment, such as sexual assault, sexual harassment, dating/domestic violence, or stalking. In cases involving sexual assault, sexual harassment, dating or domestic violence or stalking, the complainant and the respondent have an equal opportunity to be advised by an advisor of their choice—including an attorney—throughout all phases of an investigation and conduct process involving allegations of sex-based discrimination or harassment, such as sexual assault, sexual harassment, dating/domestic violence, or stalking. In addition, when criminal or civil proceedings are pending, regardless of the nature of the alleged conduct, the complainant and respondent may be advised by an attorney.

6.4 Attorneys, when permitted to participate, are limited to the role of the procedural advisor. Procedural advisors, have no standing in University Student Conduct System proceedings, except to provide advice to their respective parties in a quiet, non-disruptive manner. Advisors, and attorneys when applicable, do not represent or speak for their respective parties. Any advisor who fails to conform their behavior to these requirements will be removed from the proceedings and barred from acting as a procedural advisor in future University Student Conduct System proceedings. In such circumstances the conduct officer, hearing panel, hearing officer, or Director of Community Standards (or a designee) will determine whether to proceed with the meeting or hearing at issue without the presence of the procedural advisor. If a student has an attorney present, the University reserves the right to have one of its attorneys present as well.