The accused student may request, or the Director of Student Accountability & Support may require, that the allegation be resolved at a formal administrative hearing provided by a hearing officer, or by the University Student Standards Board. The Director of Student Accountability & Support shall consider the preference of the accused student, the nature of the allegation, and the availability of board members when assigning the case for an individual or board hearing. The Director may appoint themself as the advisor to a hearing, or may delegate that role to another appropriately trained staff member. Hearing boards will be selected from qualified members of the University Student Standards Board, based on schedule availability, and taking in to account potential conflicts of interest. A Board will be scheduled with at least three but not more than seven members. All boards must include at least two students and at least one faculty or staff member, unless it is a case of interpersonal violence and in that case no students will serve. The Director of Student Accountability & Support, or designee, shall serve as the presiding officer and advisor to the Board and, as such, shall be a full non-voting participant.
The advisor to the Board may establish a format consistent with this Code for the conduct of the hearing in a fair and reasonable manner. The advisor to the Board may place a reasonable limit on the length of time permitted for statements. They may also determine that a statement, or portion of, is not relevant to the alleged violations and stop the participant. In cases involving more than one accused student, the Director of Student Accountability & Support or designee will determine if hearings concerning each student will be conducted jointly or separately.Notice:
The accused student shall have not less than 3 calendar days notice prior to the hearing. Notice shall be considered documented communication between the university and the student in person, by phone, delivery by U.S. mail, campus mail, e-mail, or hand delivery to the student's current local address as maintained by the University, or to the student’s permanent address if no local address is on file. Failure by the student to have his or her current local address on record with the University shall not be construed to invalidate proper notice. Notification refers to the delivery of the notice and is considered complete regardless of an individual’s choice to access, read, or respond to the communication. The student may waive the notice required in consideration of a more immediate disposition of the case. A continuance will be considered if just cause for delay can be substantiated.
The written notice shall include:
- The time and place of the hearing.
- The University conduct standard(s) alleged to have been violated, and sufficient details of the complaint for the basis of the allegation to be understood.
- A statement of the respondent student’s rights as stated in this section of the Code.
- The name of the person(s), group, or University office filing the charges.
Should the accused student choose not to appear, the hearing will be held in the student’s absence. No recommendation for the imposition of sanctions will be based solely upon the failure of the accused student to answer questions or to appear at the hearing.Participants:
The hearing will be closed to all except the parties to the proceedings unless the accused student requests, and the Director of Student Standards or designee and Board approve that the hearing be open generally, or to specified other parties.
The accused student may be accompanied by one advisor of their choice. The advisor may attend the hearing with the student to counsel him/her, but not act as spokesman or vocal advocate. The accused student and advisor may be present during the entire time of the hearing, except during the deliberations of a hearing panel.
The complainant may be accompanied by a support person of their choosing. They may counsel and assist him/her, but not act as spokesman or vocal advocate.
The hearing officer or panel may exclude from advising or accompanying the accused student or victim any person who will be called as a witness. If the accused student or other parties to the allegation are unable to locate or receive compliance from any member of the University community asked to testify, he/she may seek the assistance of the Office of Student Accountability & Support; however, the University will not compel the person to testify against his or her will.
If, at any time during the hearing proceedings, any participant or advisor is disruptive to the proceedings, the Director of Student Accountability & Support or their designee may ask for that individual to remove themselves from the hearing. In the event that they do not do so, the hearing will be stopped until such time that the hearing can be resumed without disruption. Evidence:
Both the accused student and the complaining parties may present evidence, including witnesses and written statements. The hearing officer or board will determine the format of the hearing, and the admissibility of witnesses or written statements, and may elect not to hear such testimony if deemed redundant or irrelevant. The accused student is not required to answer questions of an incriminating nature.
The hearing officer or panel retains authority to question witnesses and parties to the alleged violations and will determine the appropriateness of questions posed by the parties.Decision:
Determination of violations shall be made based on the preponderance of evidence. Decisions by the hearing board or panel shall be by majority vote. The hearing officer shall notify the accused student of its findings within three business days after a decision has been rendered. In cases where multiple students are accused of violations, the outcome may be communicated after the last hearing. The decision shall be in writing and will include the resolution of the allegations and, in the case of violations, the sanctions that are to be imposed. Previous disciplinary and relevant academic records of a student found in violation of the Code will be considered in determining the sanctions to be imposed.
In cases where notification to a complainant is permitted, simultaneous notification will be made in writing or electronically within three business days.Recording:
An audio recording will be made of all hearings. The recording is the property of the University, and will be retained as part of the student conduct file. The accused student may review the recording after making a request to the Office of Student Accountability & Support. Personal transcripts or recordings may not be made at any hearing.