Hearing Procedures

1. The hearing is not a legal proceeding.  Formal rules of process, procedure, or evidence do not apply.
2. Objectives of the Hearing. Requisite levels of due process and fairness 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
   5. Recommend any Disciplinary Sanction(s) to be imposed based upon the facts, as determined at the hearing.
3. Witnesses. 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 disciplinary charges.
4. Information. Pertinent records, exhibits, and written statements may be accepted as information for consideration by the Hearing Officer or the Student Conduct Board at the discretion of the Chair.
5. Burdens 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.
6. The charged student may choose one advisor to be present at the hearing at the student's expense.  The advisor / attorney may not present statements, arguments, or question witnesses or participate directly in any Student Conduct Board Hearing. 
   1. Members of the Student Conduct Board may not serve as a student's advisor at the hearing.
   2. If the charged student chooses an attorney as his / her advisor at the hearing, he or she must inform the Dean of Student Affairs at least three academic days before the hearing.  In such cases the Student Conduct Board, the Dean of Student Affairs or both will be advised by an attorney as well.
7. Hearings.
   1. All hearings before the Student Conduct Board 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 Board or Hearing Officer may change the order if necessary.  The 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 evidence by the University, followed by the opening statement and presentation of evidence by the charged student.
   4. Questioning of University witnesses, followed by the questioning of charged student's witnesses.
   5. Questions directed to the charged student and the University by the Student Conduct Board or Hearing Officer.
   6. Closing statement by the University, followed by the closing statement of the charged student.
   7. Deliberation by the Board or Hearing Officer (not taped).
   8. Decision and optional recommendation of sanction by the 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.  If the Board or Hearing Officer can not 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 Student Affairs 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 Student Affairs shall send a notifications in writing (Notice of Decision and Sanction) to the student of the decision of the Student Conduct Board and the sanction(s) imposed within five academic days of the conclusion of the hearing.