Hearing Procedures

 

  1. The Hearing is not a legal proceeding. Formal rules of process, procedure, and/or evidence do not apply.

  2. Objectives of the Hearing. Requisite levels of fairness and the satisfaction of certain minimum requirements will be provided to all participants during these proceedings. The Hearing shall have the following objectives:
    1. Inform the student of the charges.

    2. Give the accused student an opportunity to respond to the charges.

    3. Review the facts of the case.

    4. Determine if any violation of the Student Code of Conduct was committed and communicate its findings to the Dean of Students.

    5. Recommend any sanction(s) to be imposed based upon the facts, as determined at the Hearing, any communicate any recommendations to the Dean of Students.

  3. Witnesses. All parties to the Hearing may arrange for witnesses to voluntarily present relevant information during the Hearing. The questioning of witnesses shall be facilitated by the Hearing Officer or Student Conduct Board chair, as applicable. Such witnesses at Hearings will not be sworn in. Each witness will be admonished that he or she is required to tell the truth. A student giving untrue testimony at a Hearing is subject to student conduct charges.

  4. Information
    1. The charged student and his/her adviser, if any, have the right to inspect all of the information that will be presented against the  student at least three (3) business days before the Hearing. The University also has the right to review any information that the student intends to use at least three (3) business days before the Hearing.

    2. The charged student may present information on his/her own behalf. Pertinent records, exhibits, and written statements may be accepted as information for consideration by the Hearing Officer or the Student Conduct Board at their discretion.

  5. Burden of Proof. The Student Conduct Board or Hearing Officer shall determine whether it is more likely than not that the accused student violated the Student Code of Conduct by a preponderance of evidence. This means that the information presented supports the finding that it is more likely than not that the violation occurred. The burden of proof is not on the charged student.

  6. The charged student or the alleged victim may choose one advisor to be present during the process at the student’s or alleged victim’s expense and initiative. It is the student’s or alleged victim’s responsibility to make appropriate arrangements for the adviser to attend the Hearing, which shall not be delayed due to scheduling conflicts of the chosen adviser. The adviser may be present to advise the student or alleged victim but may not speak for or present the case for the student or alleged victim, present statements or arguments, question witnesses or otherwise participate in the process.

    1. Members of the Student Conduct Board may not serve as a student’s advisor at the Hearing.

    2. If the charged student or alleged victim chooses an attorney as his/her advisor at the Hearing, he or she must inform the Dean of Students at least three (3) business days before the Hearing. In such cases the University will be advised by a University attorney as well.

  7. Hearings.

    1. All Hearings before the Student Conduct Board or Hearing Officer will be digitally recorded by the University. That recording will serve as the only official record of these proceedings and shall be the property of the University. No other recordings are permitted. Deliberations shall not be recorded.

    2. The following is a guide to the format of events for Hearings. The Student Conduct Board or Hearing Officer may change the order if necessary. The Student Conduct Board or Hearing Officer may question any party or witness directly.

      1. Review of Hearing procedures.

      2. Reading of Charges.

      3. Opening statement and presentation of information by the charged student.

      4. Questioning of voluntary University witnesses, followed by the questioning of charged student’s voluntary witnesses.

      5. Questions directed to the charged student by the Student Conduct Board or Hearing Officer.

      6. Closing statement by the charged student.

      7. Deliberation by the Board or Hearing Officer (not taped).

      8. The Student Conduct Board or Hearing Officer may recommend a decision(s) and a sanction(s) to the Dean of Students. Such recommendation of decision(s) and sanction(s) may be presented to the student by the Student Conduct Board or Hearing Officer.

  8. The Student Conduct Board or Hearing Officer will find the student “Responsible” or “Not Responsible” for each of the alleged violations listed on the Notice of Charges, based solely on the information presented at the Hearing. The Student Conduct Board or Hearing Officer will inform the Dean of Students of its findings and any recommendation for sanctions based on its findings. If the Student Conduct Board cannot reach a finding of “Responsible” or “Not Responsible” to a charge within a reasonable time period based on the complexity of the case, the chairperson shall call the Board as deadlocked and the Dean of Students may call a new Hearing date with new Board members to hear that charge. No person serving on the first Board shall serve on the second Board. If the second Board also deadlocks, then the charges against the charged student shall be dismissed.

  9. If the charged student fails to appear at the scheduled Hearing (after proper notice), the student shall be found Responsible for each of the alleged violations listed on the Notice of Charges and may not appeal the finding of responsibility. The student retains the right only to appeal the severity of the sanction.

  10. The Dean of Students will review the findings and recommendations of the Student Conduct Board or Hearing Officer, as applicable. The Dean of Students will then make a decision as to the violation(s) in question and sanctions imposed, which decision which may consist of adopting, modifying, or rejecting the recommended decision and sanctions of the Student Conduct Board or Hearing Officer, or remanding the matter for rehearing. The Dean of Students will send a correspondence (referred to as a “Notice of Decision and Sanction”) informing the student of the Dean of Students’ final decision and sanctions and explaining any differences between the recommendation of the Student Conduct Hearing Board or Hearing Officer and the Dean of Students’ final decision. Such correspondence will be sent to the student within a reasonable period of time after the conclusion of the Hearing.

FAU Campuses: Boca Raton/Davie/Dania Beach/Fort Lauderdale/Jupiter/Treasure Coast Boca Raton Campus Danie Beach Campus Davie Campus Fort Lauderdale Campus Harbor Branch Campus Jupiter Campus Treasure Campus
 Last Modified 8/26/12