Student Policies > Code of Conduct

Due Process

Courts have held that student disciplinary proceedings at a private educational institution such as Wilmington University are not subject to the rights and privileges of the United States and the State Constitutions. "Fairness" shall be the guiding principal. Wilmington University believes the following elements of due process are applicable to the student disciplinary proceeding.

That the student:

  1. Be notified in writing of the charges against him/her and the basis for these charges.
  2. Be notified of the date, place, and time of hearing.
  3. Be given an opportunity for a hearing by the Student Disciplinary Committee.
  4. Be afforded the right to present a defense and witnesses in his/her own behalf.
  5. Not be the recipient of disciplinary action which is not supported by the evidence. Prior infractions of misconduct shall be considered in determining the appropriate disciplinary action.

The following rights, while not required to ensure due process, are recommended:

  1. The accused may be accompanied by an advisor of his/her own choosing. The advisor acts in that capacity alone and may not speak for the accused as would legal counsel.
  2. A recording and/or written transcript of the hearing should be made. The cost of having a written transcript prepared shall be borne by the student. The transcript shall be prepared under the direction of University Counsel.
  3. Records of a disciplinary action shall be kept confidential and released only at the explicit, signed request of the student or by court order and could include the following facts:
    1. Specific violation and/or notices of prior misconduct;
    2. Decisions of the Student Disciplinary Committee or negotiated disciplinary action;
    3. Sanction;
    4. Notice of reinstatement, if appropriate.
  4. A disciplined student shall be permitted to attend classes, except under circumstances in which the student's continued presence:
    1. Is judged to pose a clear and present danger to himself and/or others in the University community or
    2. Would negatively affect the normal operation of the University.
  5. Should the accused elect to hire legal counsel, that attorney must be a member of the Delaware Bar to actively participate in any hearing. Hiring legal counsel who is not a member of the Delaware Bar relegates this person to the role of an "Advisor" as set forth in paragraph 1 above.