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Code of Conduct: Hearings
Code of Conduct
VIII. JUDICIAL HEARINGS
A. Hearing procedures are implemented in accordance with the Board of Governors for the State System of Higher Education resolution of April 20, 1989. A copy of the Board of Governors resolution is available in the Office of Student Judicial Affairs. In the event of a conflict between the Board of Governors regulations and University procedures, the Board of Governors regulations will prevail. Conduct hearings will not be bound by formal rules of evidence. However, all evidence must be inherently reliable.
To ensure due process, the following agenda will be utilized during formal University judicial hearings:
Judicial Hearing Agenda
- The chairperson reads an opening statement and everyone is instructed to identify themselves.
- The chairperson administers an oath to the respondent and the complainant.
- The chairperson reads the alleged violation(s) and circumstances and asks the respondent if he or she is responsible.
- If a violation is acknowledged, the respondent and the complainant will be permitted to make statements elaborating on the incident before the board goes into executive session. If a violation is not acknowledged the complainant presents his or her case and any relevant witnesses.
- The chairperson opens the hearing to questions from the respondent and then the judicial board.
- The respondent presents his or her case and any relevant witnesses.
- The chairperson opens the hearing to questions from the complainant and then the judicial board.
- The chairperson opens the hearing to any final questions.
- The complainant makes his or her closing remarks.
- The respondent makes his or her closing remarks.
- The judicial board convenes into executive session, rules on the case, and prepares a recommendation for sanctioning.
- The judicial board's recommendation is relayed to the appropriate University administrator, who accepts or modifies the recommendation and issues a decision letter to the respondent.
B. Hearing Guidelines
- 1. The student will be provided written notification of the time, date, and place of the hearing. The notice will be sent to the last known local address when school is in session, or a permanent address between semesters and during any session in which the student is not enrolled, at least seven (7) days prior to the hearing, counting the day of the mailing as the first day and counting the day of the hearing as the seventh day. A request for a hearing extension for good cause may be granted to the accused for a period usually notto exceed three (3) school days. Such an extension is to be requested in writing within two (2) days of receiving notice of a scheduled hearing, except in the most extenuating circumstances. The decision as to whether or not to delay a judicial hearing rests solely with the University.
- 2. The written notification of alleged misconduct will include a brief descriptive statement of the facts constituting the offense with which the student isaccused, and a reference to the rule alleged to have been violated, as well asnotice of whether suspension, expulsion, or involuntary residence hall removalis a possible outcome (if such is obvious at the time).
- 3. The student may have an advisor, who may be an attorney, present at the hearing. The advisor may only consult and interact privately with the student unless the Coordinator of Student Judicial Affairs grants the advisor permission torepresent the student. Parties who wish to be represented by an attorneyshould request permission from the Office of Student Judicial Affairs, in writing, at least two (2) school days prior to the scheduled date of the proceeding.
- 4. Hearings will be closed to the public.
- 5. In the event a witness for either the student or the University fails to appear at the scheduled hearing, the hearing officer may, at his/her discretion, dismiss the case or reschedule the hearing. Hearings may be rescheduled only when the witness is absent for just cause.
- 6. Accused students will be afforded a reasonable opportunity to question those persons who testify against them.
- 7. Witnesses may be subject to charges of dishonesty within the Universitydisciplinary system if their testimony is deemed to be recklessly orintentionally inaccurate.
- 8. Prospective witnesses may be asked to remain for the entire hearing to be available to answer questions as they arise.
- 9. Any person, including the accused student, who disrupts a hearing may beexcluded from the proceedings.
- 10. If the student fails to appear at a scheduled hearing without a just cause, the adjudicating authority will proceed with the hearing and a decision will be based upon the available evidence.
- 11. Hearings will be recorded on audio tape or any other reliable means of makinga verbatim record. A student may obtain a copy of the tape at his/her ownexpense.
- 12. The hearing will be conducted in a fair and impartial manner. A student isfound to be in violation based upon whether the evidence was sufficient for areasonable person to believe that the facts prove more likely true than not true.
- 13. Pending action on any charges, the status of the student will not be altered,except in cases involving interim suspension, and only in accordance with theprocedures for such suspension.
- 14. A student facing possible disciplinary suspension, expulsion or involuntaryresidence hall removal, is only permitted to withdraw from the University withwritten permission from the Dean of Student Life. If a student is suspended orexpelled for disciplinary reasons, the suspension or expulsion takes precedenceover withdrawal.
- 15. A student's previous disciplinary record may not be used to establish guilt in acurrent case. However, the previous disciplinary record may be used todetermine appropriate sanctions if found guilty of violating the rules of conductin the current case.