HEARING PROCESS

Normally, the hearing process is as follows:

1. The student will be informed by a judicial officer or designee that a concern has been raised and a response by the student is necessary.

2. After responding to the judicial officer the student is given specific information about the concern or allegation of a violation. The judicial officer makes a preliminary review of the facts to determine how to proceed. If a hearing is necessary the judicial officer will decide upon the appropriate hearing option. Many times, the matter can be resolved during a less formal conduct meeting with the student. Disciplinary meetings and hearings are not open proceedings, and may be attended only by persons approved by the judicial officer hearing the case.

3. A hearing will be schedule for a student who chooses not to respond to the judicial officer’s request. The student will be notified in advance of the date, time and location of the hearing. Should the student choose not to attend the hearing, it will be held in his/her absence. Generally, any decisions made at the hearing are not eligible for appeal as a result of the student’s decision not to participate.

4. The student alleged to have committed the violation will be informed of the disposition of the case, as well as any sanctions imposed, after a decision has been reached by the judicial officer.

5. A student found responsible will have an opportunity to appeal the decision for an appropriate cause as outlined in the Student Handbook.

The Vice President for Student Life, the Chief Judicial Officer or her/his designee may also utilize other hearing types and procedures at their discretion. This includes, but is not limited to: the presence of other parties at a hearing or deliberation who have a legitimate role to play in the hearing process.

Student Conduct Meeting

A Student Conduct Meeting is held after the student responds to the judicial officer’s request to schedule a meeting. The meeting is attended only by the student and the hearing officer. During the meeting the student is advised of the nature of the concern and provided an opportunity to respond and discuss. The student may choose to accept responsibility for his or her involvement in the incident. The student is also advised, if appropriate, of the opportunity to provide additional relevant information to present his or her side of the situation. This informal method is the preferred disciplinary intervention for the University because it allows for more conversation, more agreement as to decisions, and provides an opportunity for resolution at the lowest level. In most cases the student conduct meeting serves the same purpose as a hearing.

Student Conduct Hearing

A Student Conduct Hearing is a formal administrative hearing with a minimum of two University officials as designated by the Chief Judicial Officer. The student will:

a. receive advance notice of date, time, and place of the initial hearing in a manner appropriate as decided by a judicial officer.

b. receive a statement of the alleged violations

c. be informed of privileges afforded the student. These include:

1. adequate time to prepare a case

2. a support person present during the hearing (If the student’s support person happens to be an attorney, he/she can not act as legal counsel.) Support persons may not speak or participate directly in the hearing unless invited by the hearing officers.

3. have an opportunity to present information both written and in the form of other persons with relevant information to present their side of the story.

CONDUCT BOARD HEARINGS

There are various conduct boards that may be referred cases when appropriate by the Chief Judicial Officer or his/her designee. The process for hearings by conduct boards generally follow that of a formal administrative hearing.

During the hearing process the incident is reviewed by hearing board members . The process involves the board or officer listening to and speaking with the accused and considering other relevant information, including witnesses. The board members make a determination of responsibility for the allegation and sanctions, if appropriate, are recommended to the Chief Judicial Officer.

Student Judicial Board

These boards use the same procedures as a formal administrative hearing. Student Judicial Boards play a significant and equal role in both dispute and behavioral resolution to incidents with students arising from situations on or off campus. In addition, Boards are available to help mediate disputes, provide interpersonal mediation, and impose binding arbitration. Boards are also available to hear appeals of certain cases from students. Boards are comprised of student members and a staff/faculty member advisor. A simple majority of the members must be present to hear a case. Boards are authorized to recommend sanctions as outlined in the Student Handbook.

University Discipline Board for Students

The UDB will be chaired by the Chief Judicial Officer or his/her designee, with a minimum of one faculty member, one student member and one staff member present for the hearing. The Chair will be a non-voting member of the hearing board.

This type of hearing will be utilized for cases the Chief Judicial Officer deems as extremely serious and will include but not be limited to: sexual misconduct, violent acts, threats and intimidation, use of a weapon, and selling of drugs, or where suspension or dismissal are likely.

FACILITATED DISCUSSION

A facilitated discussion about a conflict by a neutral third party is sometimes an option for students in a number of situations. A hearing officer may recommend a facilitated discussion as a way to deal with conflict. Students interested in pursuing this option can contact the Chief Judicial Officer . Facilitated discussion provides an opportunity for students to deal with conflict with the help of a neutral party. Ground rules for discussion are delineated, rights of all parties are protected, and an agreement can generally be arrived at that reflects consensus by the involved parties. Some examples where facilitated discussion might be appropriate are: Roommate conflicts, situations where two or more individuals can’t come to an understanding or an incident that involves individuals with differing levels of power. For a facilitated discussion to be successful, all parties need to be willing to participate.