Guide to Victims’ Rights
Introduction
Stanford University’s Office of Judicial Affairs administers the student judicial process and works toward an honest and responsible community. Under the process, students are held accountable for adhering to established community standards including Stanford’s Fundamental Standard and the Honor Code (outlined below).
Judicial Affairs strives to adjudicate cases of alleged misconduct in a fair, responsible, and timely manner emphasizing Stanford’s core values of respect, trust, and integrity. In working with victims of misconduct, the office will explain and facilitate the judicial process and provide information about additional resources and options available. This guide is intended as a brief introduction to Stanford’s judicial system and the rights afforded to victims in this system.
A Judicial Affairs investigation begins when a concern is filed with the office. Any person, whether a member of the Stanford community or not, may file a concern of suspected misconduct committed by a Stanford student. In some cases a University staff member may file a concern on behalf of a student. Each case has a Judicial Officer who investigates and presents the case at a hearing (if charges are filed) and a Judicial Advisor who assists participants in understanding the judicial process. The reporting party can be assured that every concern is fully investigated. The Judicial Officer communicates with reporting parties about the status of the case and the charge decision. All charged cases are heard by a Judicial Panel that consists of six trained members, four of who are always students.
Making contact with the Office of Judicial Affairs does not compel or require a person to file a concern. The staff is available to answer questions and provide assistance at any point, even if no official concern is ever filed.
What are Your Rights?
The Student Judicial Charter of 1997 sets forth the following rights to every person who files a concern with the Office of Judicial Affairs, regardless of the person’s status or the nature of the concern:
- To appear at Judicial Panel hearings.
- To submit a statement in writing, which does not preempt the right of the responding student to ask questions of you.
- To know that all cases in which charges have been filed by the Judicial Officer will be considered by a Judicial Panel.
- To be given access to a list of impartial and confidential volunteer Judicial Counselors who may be consulted for advice and guidance during judicial procedures.
- To request a Judicial Panel to hear evidence in cases in which no formal charges are filed by the Judicial Officer.
- To withdraw the concern at any time and, if so, to be assured of confidentiality and anonymity.
- To be offered reasonable protection from retaliation, intimidation, or harassment in response to your concern.
- To have a person of your choice accompany you throughout the investigative and adjudicative process. This individual may provide advice and counsel, but may not speak on behalf of, or otherwise represent you during judicial procedures.
- To be assured of the confidentiality of discussions with Judicial Counselors.
- To be informed of the progress and outcome of the concern.
- To be informed, in writing, of your rights as defined under this Charter.
Accommodations Available
The Office of Judicial Affairs recognizes that in certain types of cases (such as sexual misconduct and physical assault), special accommodations may be required by law and/or necessary to provide greater comfort or security for participants. The office will endeavor to make all reasonable accommodations that protect all parties and ensure due process rights. Special consideration can be given to, among other things:
- Release of victim’s name/and or other personal information
- Method of participation, either by telephone or in person
- Seating arrangements in Hearing Room
- Hearing Room location
- Questioning format (e.g. direct questioning or questioning directed through a third party)
For more information about possible accommodations, see
http://judicialaffairs.stanford.edu/judicialprocess/hearings.accomodations.htm
The Fundamental Standard has set the standard of conduct for students at Stanford since 1896. It states:
Students at Stanford are expected to show both within and without the University such respect for order, morality, personal honor and the rights of others as is demanded of good citizens. Failure to do this will be sufficient cause for removal from the University.
Over the years, the Fundamental Standard has been applied to a great variety of situations. Actions that have been found to be in violation of it include:
- Physical Assault
- Property damage; attempts to damage University property
- Theft, including theft of University property such as street signs, furniture, and library books
- Forgery, such as signing an instructor’s signature to a grade change card
- Sexual harassment or other sexual misconduct
- Charging computer time or long distance telephone calls to unauthorized accounts
- Misrepresentation in seeking financial aid, University housing, discount computer purchases, or other University benefits
- Misuse of University computer equipment or e-mail
- Driving on campus while under the influence of alcohol or drugs
- Sending threatening and obscene messages to another student via e-mail, phone or voice-mail
The Honor Code is the University’s statement on academic integrity written by students in 1921. It articulates University expectations of students and faculty in establishing and maintaining the highest standards in academic work:
A The Honor Code is an undertaking of the students, individually and collectively:
1 that they will not give or receive aid in examinations; that they will not give or receive unpermitted aid in class work, in the preparation of reports, or in any other work that is to be used by the instructor as the basis of grading;
2 that they will do their share and take an active part in seeing to it that others as well as themselves uphold the spirit and letter of the Honor Code.
B The faculty on its part manifests its confidence in the honor of its students by refraining from proctoring examinations and from taking unusual and unreasonable precautions to prevent the forms of dishonesty mentioned above. The faculty will also avoid, as far as practicable, academic procedures that create temptations to violate the Honor Code.
C While the faculty alone has the right and obligation to set academic requirements, the students and faculty will work together to establish optimal conditions for honorable academic work.
Examples of conduct that have been regarded as being in violation of the Honor Code include:
- Copying from another’s examination paper or allowing another to copy from one’s own paper
- Unpermitted collaboration
- Plagiarism
- Revising and resubmitting a quiz or exam for regrading, without the instructor’s knowledge and consent
- Giving or receiving unpermitted aid on a take-home examination
- Representing as one’s own work the work of another
- Giving or receiving aid on an academic assignment under circumstances in which a reasonable person should have known that such aid was not permitted
To contact the office, please call (650) 725-2485 .