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General Provisions for the Non-Academic Disciplinary Procedures

  1. Closed Hearing. All hearings will be closed.
  2. Qualification and Responsibilities of Hearing Body Members. Student members of hearing bodies must be currently enrolled and in good standing, that is, not on academic warning or currently under any University sanction. All administrative and faculty members will be full-time employees of the University. All members will be required to maintain confidentiality related to all aspects of the hearing process. The Dean for Campus Life is responsible for removing any member who violates confidentiality and may refer the matter for disciplinary action. If the specific member(s) of a Peer Community Standards Board panel cannot be identified, the Dean for Campus Life may dismiss the panel in question from the Board. If the specific member(s) of a University Disciplinary Council panel cannot be identified, the Dean for Campus Life may recommend to the President that the panel in question be disbanded.*
  3. Disqualification and Exclusion. Any member of a hearing body who believes that he or she is prejudiced by association with the case, the participants, or by information or belief will disqualify him or herself from hearing the case. A respondent or complaining witness may request, in writing, that a member of a hearing body be disqualified from hearing a case. The request will be made at least two (2) days before the scheduled hearing and will include an explanation as to why the member is unable to render an impartial decision in the case. In addition to ruling on such requests, the case administrator or the advisor to the Peer Community Standards Board will disqualify or exclude any hearing body member who is not able, in his/her judgment, to render an impartial decision in the case.
  4. Standard of Evidence. In determining whether or not an offense has been committed, a hearing body or officer will base its determinations on the standard of preponderance of evidence.
  5. Multiple Students. Cases in which more than one student is charged with violating the Standards of Student Conduct and which depend on common facts or set of evidence may either be considered jointly in a single hearing or be assigned to separate, individual hearings as determined by the Dean for Campus Life.
  6. Case Administrator. A case administrator is a University official designated by the Dean for Campus Life to manage these procedures. The case administrator will conduct formal investigations when requested to do so by the Dean for Campus Life. Additionally, the case administrator will respond to requests from respondents and complaining witnesses during the pre-hearing phases of the non-academic disciplinary procedures.
  7. Respondent. The respondent is the charged student(s) and is entitled to be present during the course of the hearing. A hearing officer or body may decide to proceed with a hearing if a respondent fails to appear despite proper notification.
  8. Complaining Witness. The complaining witness(es) is the person who has filed a complaint. The complaining witness is entitled to be present during the course of the hearing concerning his/her complaint. For matters heard by the University Disciplinary Council in which there is no complaining witness, a University official other than the case administrator will serve in that capacity.
  9. Witnesses. Members of the University community, including respondents, are expected to appear at a hearing if they have knowledge or information regarding the incident in question and they have been notified to appear. Failing to appear at a hearing as a witness constitutes an offense (see "Standards of Student Conduct," Offense XII), which is immediately actionable and for which the hearing body or officer may determine a sanction up to probation for three (3) semesters. Individuals who are not members of the University community will generally be permitted to appear at a hearing only if they have direct knowledge or information regarding an incident.
  10. Appeals. Within five (5) days of notification of the hearing outcomes, the respondent(s) may appeal in writing the decisions in the case, setting out the reason(s) for the appeal. Appeals from Peer Community Standards Board hearings will be submitted to the Dean for Campus Life. Appeals from all other hearings will be submitted to the Provost or his/her designee. Appeals will normally be considered only when relevant new evidence not available at the time of the hearing is presented, or when a substantial procedural error by the University or hearing body/officer is demonstrated. If the appeal officer determines that the appeal has merit, he/she may reduce the severity of a sanction or may remand the matter to an appropriate hearing officer or body.
  11. Timing and Deadlines. "Days" in these procedures refer to weekdays, not weekends or University holidays. Any requirement in these procedures must be completed by 3:00 PM on the day specified. A hearing or deliberations may be conducted on a Saturday, a Sunday, or a University holiday.

* A hearing panel is the subset of the hearing body that fulfills the quorum requirement (see "Peer Community Standards Board Hearings, Quorum" and "The UDC Hearing Process, Quorum") and hears a particular case.