Catalog Navigator : Disciplinary Hearings

A referred student who has been documented for disciplinary action has the choice of having his/her case heard by an administrative hearing officer or a judicial board. All processes will use the standard of "whether it is more likely than not that the alleged violation(s) has/have occurred" as a basis for conducting any disciplinary hearing and imposing any sanctions. Before choosing a hearing process, however, the referred student will have the opportunity to receive the following information from the Dean of Students Office or Department of Residential Education staff:

an explanation of the expectation(s) of this code for which the student has been referred for disciplinary action;
an opportunity to receive a copy of the incident report(s) that document the alleged misconduct;
an explanation of the hearing options available to the student and how each one proceeds;
an opportunity to ask questions about the disciplinary process;
the opportunity to choose who should hear the case (administrative hearing officer or judicial board) - however, the university reserves the right to refer any case to the university judicial board; and
instructions on how to go about scheduling the actual hearing with the chosen hearing agent.

If the referred student chooses not to have the hearing process explained and/or fails to select a hearing agent, the case will automatically be turned over to the administrative hearing officer under whose jurisdiction the incident occurred. The officer will then use the information available at the time to make a decision about the case. Any sanctions imposed as a result of this decision will be binding.

Administrative Hearing Process

The hearing officer will take reasonable steps to ensure that within five class days of a referred student choosing an Administrative Hearing, the student is notified of his/her need to schedule the disciplinary hearing. A mutually convenient hearing time will be decided upon. The actual hearing will proceed as follows:

The incident report(s) will be reviewed by the hearing officer.
The hearing officer and student will discuss the alleged violation(s) that occurred.
The student will have an opportunity to give a statement about the incident, including an admission or denial of the alleged violations.
The student will be allowed to bring witnesses in one at a time to give statements and be questioned by the hearing officer. A witness must be a current member of the university community (student, staff or faculty) and can only be present in the hearing room during his/her own testimony. (See Witnesses for more information.)
The hearing officer and student will discuss the incident and all statements pertinent to it.
After the hearing officer has examined all of the evidence and heard from all witnesses, the hearing officer will determine that (a) the student is not in violation of the expectations of the code outlined; (b) the student is in violation of the expectations of the code outlined or; (c) further investigation is needed.
If the hearing officer finds the student in violation, he/she will determine the appropriate sanctions, notify the student of the results in writing within five class days, and place the case information in the student's disciplinary file.

The hearing officer will hold as many meetings as necessary to ensure a fair disposition of the case. If a student fails to make or keep a hearing appointment, the hearing officer will decide the case based on the information available at the time. Any imposed sanctions will be binding. The hearing officer chosen by the referred student reserves the right to refer a case to the Residence Hall Judicial Board or Dean of Students Office.

Hearings may be audiotaped only by the university for appeal purposes only. The tapes are the sole property of the university and are destroyed if no appeal is made. Only if an appeal is granted may the alleged victim or referred student listen to the tape(s). The review of the tapes may only take place in the presence of the hearing officer.

Judicial Board Hearing Process

The hearing office will take reasonable steps to ensure that within five class days of a referred student choosing a Judicial Board hearing, the student will be notified of the following:

The nature of the alleged violation(s) made against the student.
The names of the judicial board members, including a statement forbidding contact on this matter between the student and the board members.
A copy of the judicial board hearing procedures.
The time, date and location of the hearing.

The referred student has the right to show cause to the judicial board moderator as to why any member should be removed because of possible prejudice. If a student wishes to have a board member removed, he/she must notify the board's moderator in writing at least 48 hours prior to the hearing time. Any member of the board has an obligation to disqualify him/herself if he/she has any personal interest in the case.

Reasonable efforts will be made to have the first meeting of the board within 7 class days after notification of the hearing has been given to the referred student. At the discretion of the board, more than one meeting may be necessary before a final determination of the case is made.

The actual hearing will proceed as follows:

The chairperson convenes and presides over the hearing only if the appropriate quorum is present. (See the"Judicial Boards" section of this code for further information.) He/she is also charged with maintaining orderly discussion throughout the hearing, generally limiting testimony to a maximum of three hours and ensuring that there is equal time for both the complainant and referred student to present their evidence.
The chairperson acknowledges the advisors. Both the referred student and complainant may have one advisor. (See Advisors for further information.)
The chairperson confirms that the referred student understands his/her rights.
The chairperson reads into the record the university's opening statement and all statements of alleged violation(s).
All incident reports will be read into the record by the chairperson or judicial board advisor.
The complainant makes a statement or, in cases where the university is bringing the action, the judicial board advisor presents the university's case.
The referred student makes an opening statement, including an admission or denial of the charges.
Witnesses and/or evidence are presented. Witnesses will be represented one at a time and must be current members of the university community (current student, staff or faculty). A witness can only be present in the hearing room during his/her own testimony. (See the "Witnesses" section of this code for further information.)
Members of the board, the advisor to the board, the person being charged and the complainant may cross-examine any witness. All questions must be addressed to the chairperson. The chairperson may rule any question out of order.
Written testimony from witnesses unable to be at the hearing may be accepted but its validity will be ruled on by the chairperson.
The board may recall any witness it wishes to question further.
Members of the judicial board will ask questions to the complainant and the referred student. At this time the complainant and the referred student may also question each other. All questions must be directed to the chair of the panel. The chairperson may rule any question out of order
After all witnesses, evidence and testimony have been presented, the chairperson will ask each side if there is any additional information pertaining to the case that has not been heard or submitted in writing.
Closing statements of no longer than five minutes may be made by the referred student and complainant.
At this point, all are dismissed except for the chairperson, board members and the judicial board advisor. The board determines if (a) the student is not in violation of the expectation(s) of the code outlined or (b) the student is in violation of the expectation(s) of the code outlined. If the referred student is to be found in violation of the expectation(s) of the code outlined, the board shall determine what sanction(s) should be imposed. (See the "Disciplinary Sanctions" section of this code). A simple majority vote by the board members will determine all outcomes.
When deliberations have been completed, the chairperson invites the referred student back into the hearing room and announces the board's decision. Any sanctions imposed by the board become effective immediately unless otherwise stipulated. Reasonable efforts will be made to ensure that written confirmation of the board's decision will be sent by mail or personal delivery to the referred student within five days of the Judicial Board's final determination. If the student is found in violation of the expectation(s) of the code, all appropriate hearing materials will be placed in his/her disciplinary file.

If a referred student fails to attend the scheduled judicial board hearing, the board will decide the case based on the information available to it at the time. Any imposed sanctions will be effective immediately.

Judicial board hearings may be audiotaped only by the university for appeal purposes only. All tapes are the sole property of the university and are destroyed if no appeal is made. Only if an appeal is granted may the alleged victim or referred student listen to the tape(s). The review of the tapes must take place in the presence of the hearing officer or his/her designee.