Procedures : Hearing Information
3335-23-10 Hearing procedures
Although the procedural requirements are not as formal as those existing in criminal or civil courts of law, to ensure fairness, the following procedures will apply and, unless already provided to the student, be included within the hearing notice:
A. Attendance Attendance at hearings is limited to those directly involved or those requested by the hearing officer or board to attend. The hearing officer or board will take reasonable measures to assure an orderly hearing, including removal of persons who impede or disrupt proceedings.
B. Advisor The accused student may have an advisor throughout the disciplinary process. The advisor may only counsel the student and may not actively participate in the disciplinary process, unless clarification is needed as determined by the hearing officer or board.
C. Written statements & witnesses The accused may: submit a written statement invite relevant factual witnesses to attend, invite character witnesses to submit written statements, , ask questions of witnesses called by others, and will be notified of potential witnesses to be called. The accused must submit a list of potential witnesses to the hearing officer at least two (2) business days prior to the hearing. The university may present witnesses as well as question those presented by the accused.
D. Witness absence The hearing officer or board coordinator may allow written statements if, for good reason, a fact witness cannot attend the hearing.
E. Consultants In cases requiring special expertise, the board coordinator may appoint individuals with appropriate expertise to serve as consultants to the board. The consultants may be present and provide information as called upon during the hearing but will not vote.
F. Standard of evidence A student will only be found in violation if a preponderance of evidence supports the charges. In the event of a tie, the board will continue to deliberate. If after the board determines that exhaustive deliberations have occurred and a majority decision is not reached, the student will be found not in violation.
G. In cases where prompt review is essential (e.g., when graduation or the end of the academic year is imminent) the accused may be offered the option of an expedited administrative review consisting of an administrative decision or administrative hearing. The accused student may decline such expedited review without the expectation that the process can be completed on an expedited timeline.
Because the most accurate and fair review of the facts can best be accomplished when all parties are present, the accused is expected to attend and participate. If an individual does not choose to attend a hearing, the charges will be reviewed as scheduled on the basis of the information available, and a decision will be made. Although no inference may be drawn against a student for failing to attend a hearing or remaining silent, the hearing will proceed and the conclusion will be based on the evidence presented. No decision shall be based solely on the failure of the accused student to attend the hearing or answer the charges.
3335-23-12 Record of proceedings
A single record consisting of written notes, tape recording, or other method selected by the hearing board or officer, will be made of all hearings. Such record will remain the property of the university but will be made available to the accused for review during the appeal period. A written notice of the decision and, if found in violation, information regarding appeal procedures will be provided to the accused student.
3335-23-13 Hearing bodies
A. In addition to the committee on academic misconduct, student conduct boards for residence life, and the university conduct board, the director of student conduct, hearing officers within the office of student conduct, the coordinator of the committee on academic misconduct, and university housing professional staff are to be considered as official university hearing officers, and may hear cases of alleged violations of the code affording accused students the same procedural guarantees as provided in hearings by a committee or board.
B. The accused student has the right to accept responsibility for the charges, which will result in an administrative decision, or choose to have a hearing.
C. Students will generally be afforded the right to choose an administrative or board hearing, except under special circumstances where, in order to ensure a fair and just process, the hearing officer may determine the appropriate hearing venue.
- What should I wear to the hearing?
- You should look nice and neat, although there is no requirement to wear a particular kind of outfit. You should be aware of the impression you may make upon the hearing officer or panel members.
- What can I do to prepare for the hearing?
- Think about what you want to communicate to the hearing officer or panel members about the allegations. You may want to write down notes or an outline so that you do not forget something important. If you know of any witnesses with relevant information, provide their names to Student Conduct , so that the witnesses can be asked to attend the hearing. If you have any relevant documentation, bring it with you.
- Can my parents or attorney attend the hearing with me?
- You may have one advisor with you. This person serves in an advisory or supportive role and does not interact with the hearing body, witnesses, etc.
- I have a criminal case pending. Can I wait until the criminal case is over to deal with this?
- Typically, the university does not wait for the criminal justice process to be completed before proceeding with the student disciplinary process.
- Will I get sworn in?
- Participants are not sworn in. However, the university expects that all participants will be honest throughout the proceedings, and the level of honesty may be a factor considered during deliberations. In addition, providing false information during a hearing may result in additional charges.
- What specifically will happen at the hearing?
- The following process is typically followed, although there may be minor deviations:
- Introductions and charges read
- Opening statements: the complainant/victim and charged student are given the opportunity to make a brief opening statement concerning their perspectives about the allegations
- Questions: The hearing officer or panel members may ask questions of any of the participants throughout the hearing. The charged student will be given the opportunity to ask witnesses questions, although they may be directed through the hearing officer or panel chairperson.
- Closing statements: The complainant/victim and charged student will be invited to make closing remarks, summarizing their perspective and leaving the hearing body with final thoughts.
- Conclusion of the fact-finding portion of the hearing.
- Deliberations: These are closed to all but the members of the University Judicial Panel and chairperson. The purpose of deliberations if for the hearing officer/panel to review all materials and information from the hearing and determine whether the student violated the Code of Student Conduct. If so, they will determine the appropriate sanction(s).
- Decision: The decision will be sent to the student in writing by US Mail. The student may also request that the decision be sent via email.