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Hearing Procedures/Format
(a) The following order of presentation will be followed in formal hearings. Exceptions may be made due to extenuating circumstances by the hearing body with the agreement of the charged student.
- Introductory statement by hearing officer including a reading of the allegations and charge(s) and introduction of information that is the basis for the charges.
- Statement by the charged student and submission of any pertinent written information.
- Questions directed to the charged student by the hearing body.
- Questioning of witnesses by the hearing body and the charged student. Questions suggested by the charged student are directed to the hearing body rather than to the witness directly. This method is used to preserve the educational tone of the hearing and to avoid the creation of an adversarial environment. Upon completion of questioning, witnesses are dismissed.
- Submission of written statements (if any) of witnesses who are not present.
- Follow-up questions (if any) directed to the charged student by the hearing body.
- Final statement by charged student.
- Hearing officer brings hearing to closure.
(b) Pertinent records, exhibits, and written statements may be accepted by the hearing body at the discretion of the hearing body. The Director or designee may place limits on the amount of information accepted and the length of testimony, and also may advise a charged student to change the tone of questioning.
(c) All procedural questions are subject to the final decision of the Director or designee.
(d) Deliberation (decision and determination of sanction(s), if applicable). Deliberation is not part of the hearing. The hearing body’s final decision and sanction(s), if applicable, will be recorded on tape.
(e) Prior records of disciplinary action and victim impact statements (see Section (13), Victims’ Rights) are considered by the hearing body only in determining the appropriate sanction(s) in the matter.
(f) The burden of proof in a formal hearing rests with the University. The hearing body’s determination of “responsible” or “not responsible” will be based solely on the information and/or testimony presented. The determination of responsible or not responsible shall be made on the basis of whether it is more likely than not that the charged student violated the Code.
(g) Formal rules of process, procedure, and/or technical rules of evidence, such as are applicable in the criminal or civil court, are not used in Student Conduct proceedings.
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