» Student Conduct Procedures
+ - Hearings
1. Hearings shall be conducted by a conduct body according to the following guidelines:
- Hearings shall be conducted in private.
- Admission of any person to the hearing shall be at the discretion of the hearing officer in consultation with its Conduct Advisor (when applicable).
- In hearings involving more than one respondent, the Presiding Officer or Hearing Officer, at his or her discretion, may permit the hearings concerning each student to be conducted together with the consent of all respondents.
- The complainant and the respondent each have the right to be accompanied by one Support Person at the hearing, as defined in Article I.Y., at their own expense,
- The complainant and/or the respondent each are responsible for presenting his or her own case. Support Persons are not permitted to speak to the members of the conduct body unless directly questioned by the conduct body. Support Persons may not participate directly in the hearing other than quiet communication with the student they are accompanying. This communication must not interfere with the conduct process. Failure to comply will result in the removal of the Support Person(s). One 5-minute recess may be requested during the course of a hearing if the complainant and/or the respondent wish to consult with his/her Support Person. Additional requests may be granted at the discretion of the hearing board/officer.
- Except as provided in this section, the presence of attorneys at hearings is not permitted, as the conduct proceeding is not meant to function as a court of law. An exception may be made only where the respondent has been charged with a crime arising out of the same operative facts as the charge under the Code and the criminal charges are presently pending. (while this is more of an “exception” to our policy, subsection(j) is a requirement of the new law)
- In hearings for incidents involving allegations of domestic violence, dating violence, stalking and/ or sexual assault, both the respondent and the complainant have the right to have an advisor of their choice, which may include an attorney, subject to the terms of subsection(k) below.
- With reasonable written notification to the conduct body (2 business days prior to the hearing), the complainant and the respondent shall have the privilege of presenting witness statements (12-pt. font, 5 double-spaced pages maximum). In the event that witnesses are permitted or requested by the board to attend a hearing, the conduct body and the other party shall have the right to provide suggested questions for the witness(es) to the board. The board retains the authority to determine which questions would be helpful in its deliberation.
- Any pertinent materials and written statements (in 12-pt. font, 5 double-spaced pages maximum) must be submitted for consideration to the conduct body at least 2 business days prior to the hearing.
- All procedural questions are subject to the final decision of the conduct body or Conduct Officer in consultation with the Conduct Advisor (when applicable).
- After the hearing, the conduct body or Conduct Officer shall excuse all parties, engage in deliberation and determine (by consensus, or if necessary, by majority vote) which portion of the Code, if any, the respondent has violated.
- The conduct body’s determination shall be made on the basis of whether it is more likely than not that the respondent violated the Code.
- All decisions of a conduct body or Conduct Officer shall be based solely upon material presented at the hearing.
- Should new charges surface as a result of, or during, a conduct process, and no additional investigation is needed, the charges will be verbally introduced and heard during the current hearing. If additional investigation is needed, the conduct body or Conduct Officer will question the respondent, clarify items in report, and send findings following the hearing.
- Hearings before a conduct body shall ordinarily be recorded (the deliberation phase is exempt) although written notes may serve as a substitute. This record shall be the property of the University. Student respondents or complainants at the hearing are free to take their own notes, but they may not use an electronic recording device. At the discretion of the Vice Chancellor for Student Affairs/Dean of Students, student respondents or complainants may request the opportunity to review the recording of the hearing under the supervision of the Vice Chancellor for Student Affairs/Dean of Students or delegate. Hearing records are confidential.
- Formal rules of process, procedure and/or technical rules of evidence, such as applied in criminal or civil court, are not used in Code proceedings.
- The respondents and complainants must identify their respective Support Persons and if the individual(s) are attorneys through written notification to the conduct body 2 business days prior to the hearing.
- Where an attorney is permitted, the attorney must conform to the same requirements as applied to a Support Person. (comment: review the adjusted sequence above; it seemed appropriate with the new additions)
Note: Students charged with violations of the Code of Conduct during Study Abroad, Interterm or other travel courses will be notified of the charges and have the opportunity to respond to those charges, as well as the opportunity to appeal the outcome of their cases. However, the condensed duration of these courses and the limited availability of on-site administrators necessitate a modified conduct process in some situations.
2. No student may be found to have violated the Code solely because the student failed to appear before the conduct body. However, failure to appear, without board approved documented proof supporting extenuating circumstances preventing such appearance, will result in the loss of the right to an appeal. In all cases, should there be a hearing, the material in support of the charges shall be presented and considered regardless of whether or not the student(s) attended the conduct hearing. If the Respondent does not appear at the hearing after being noticed, the information in support of the charges may be presented and considered even if the respondent is not present.
3. An individual’s (or group’s) cumulative community conversations, deferred incidents, and conduct history will not be considered by the conduct body until the sanctioning phase of the deliberations.4. The Conduct Body or Conduct Officer may accommodate the concerns for personal safety, well-being, and/or fear of confrontation by the Respondent, Complainant and/or other witness by permitting participation by telephone, video-conference, closed circuit television, videotape, audio, tape, written statement or other means, as determined in the sole judgment of the Conduct Board or Conduct Officer
+ - Preparing for a Hearing
Not sure what to do before a hearing? View the Preparing for a Hearing PDF for more information.
+ - Hearing Outcomes
Did you just have a hearing? Did you understand what you were charged or not charged with? This section describes all the possible outcomes from a hearing.
+ - Appeals Process
It important to note that appealing a decision and/or sanction can only be based on the following criteria:
a. That there was a substantive procedural error that may have prohibited the hearing from being conducted fairly in light of the charges.
b. The facts in the case were insufficient to establish that a violation of the Student Conduct Code occurred.
c. The sanction(s) imposed was not appropriate for the violation of the Student Conduct Code for which the student was found to be responsible.
d. New evidence that was not available at the time of the hearing has become available, and is potentially sufficient to alter a decision or other relevant facts not brought out in the original hearing.
Appeal briefs submitted for other then these four reasons will not be accepted. Students are strongly encouraged to speak with Colleen Wood (firstname.lastname@example.org) about developing the appeal brief and to discuss the appeal process.
Once a student has developed an appeal brief that information should be submitted to Colleen Wood in hard copy to Argyros Forum room 101 or via email to email@example.com. Appeals received after the deadline of 5 business days or those not meeting the criteria will not be accepted and returned to the student.