For matters serious enough to warrant a higher-level hearing, the Director will determine whether the charged student will be given the option to have the matter resolved through an Administrative Hearing or a Student Conduct Board Hearing. For charges involving 3.4.10 Harassment or 3.4.11 Harm to Person(s) of the Code of Student Conduct, students will not be offered a choice and will have their cases resolved through a Student Conduct Board Hearing, except as provided for below. In determining whether a student will be offered a choice, the Director may take into consideration factors which include without limitation the complexity, severity, and community impact of the case. In some cases, including those involving charges of 3.4.10 Harassment or 3.4.11 Harm to Person(s), the Director may refer a case directly to an Administrative Hearing if convening a Student Conduct Board Hearing would result in a significant delay in the resolution of the matter (e.g., during academic recesses).
An Administrative Hearing will be conducted by a single dean or administrator of the University for matters involving prohibited conduct that may result in separation from the University and/or a transcript remark. Cases resolved through an Administrative Hearing may involve serious prohibited conduct in a single incident or a persistent pattern of less severe prohibited conduct.
Procedures. The hearing procedures will be informal, but they will be consistent with the basic rights afforded to students (see “Student Rights and Responsibilities”). At least seven (7) days before the hearing, the Case Administrator will provide the parties with written notice of the charge(s), the time and location of the hearing, and a redacted copy of the case materials. The Chair will decide upon matters related to witnesses, evidence, and procedures during the hearing. The Chair will oversee the decorum of the hearing and may exclude from a hearing any person in attendance who disrupts the hearing. The Chair may consult with the Hearing Officer and other University officials as necessary. At the hearing, the parties have an opportunity to be heard, and the Hearing Officer decides if the respondent is responsible for violation(s) of the Code of Student Conduct.
Outcomes. If the respondent is found responsible, the Hearing Officer will recommend a range of community status outcomes up to expulsion from the University, including any terms (see 7. Outcomes), to the Director for final determination. After a determination of responsibility and prior to the recommendation of an outcome, the Chair will inform the Hearing Officer of any prior disciplinary findings against the respondent and present them with statements of impact and mitigation. This information will also be provided to the Director. Within five (5) days of the conclusion of the hearing, the Director will notify the respondent(s), and the complainant(s) as permitted by applicable law, of the decision in the case.
Administrative Hearing Officer Membership. Administrative Hearing Officers may be drawn from across the campus community so long as they are University faculty or staff members. In general, matters involving undergraduates will be heard by Hearing Officers from Campus Life and/or The College; matters involving graduate students will be heard by Hearing Officers from the Graduate School; matters involving medical students will be heard by Hearing Officers from the Medical School.
The Case Administrator. The Case Administrator organizes the hearing procedures, including recruiting the panel, communicating to all parties about hearing date and time, and distributing case materials to all parties.
Chair. The Chair of higher-level hearings is responsible for conducting the hearing and deciding upon matters related to witnesses, evidence, and procedures. The Chair will oversee the decorum of the hearing and may exclude from a hearing any person in attendance who disrupts a hearing. The Chair may consult with the hearing officer(s) and other University officials as necessary. The Chair may ask questions at the hearing and will participate in the deliberations but will not have voting rights.
The Chair may be the Case Administrator for a case but will not be the Investigator.
Notice. At least seven (7) days before the hearing, the Case Administrator will provide the respondent(s) and complainant(s), if applicable, with written notification of the charges, the time and place of the hearing, and a copy of the case materials.
Expedited Hearing(s). If the Director determines that an expedited hearing is necessary (e.g., end of the academic year), deadlines may be shortened.
Requests for Witnesses. The respondent(s), complainant(s), and hearing officer(s) will provide the Case Administrator with a written list of witnesses they would like to appear at the hearing at least four (4) days prior to the hearing by 9:00 AM. For cases in which an investigator is not used, all witnesses will provide a written statement and/or any relevant documents at least four (4) days prior to the hearing by 9:00 AM. If, after the four-day deadline, either party believes that there is new information which may substantially influence the outcome of the hearing, they will request of the Case Administrator that the information be admitted to the hearing. The Case Administrator will also notify the parties of any other witnesses who have been called to appear at the hearing. The Case Administrator will make all decisions about witnesses appearing at the hearing.
Hearing Outline. Administrative and Student Conduct Board Hearings proceed as follows:
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The Chair reads the charge(s) and informs the respondent(s) of the right to remain silent.
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The Chair is available to answer questions about the case materials.
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The complainant or their advisor may make an opening statement.
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The respondent or their advisor may make an opening statement.
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The Hearing Officer(s) examines the evidence and the testimony of any witnesses, including the respondent, complainant, and the Investigator, if applicable. The respondent(s) and the complainant(s) may submit written questions to the Case Administrator in advance of the hearing. Additional questions may also be submitted during the proceedings. The Chair will determine what questions to put forth and how to present them during the proceeding. At the discretion of the Chair, witnesses may be recalled.
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The complainant or their advisor may make a closing statement.
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The respondent or their advisor may make a closing statement.
Deliberations. Following the closing statements, the Hearing Officer(s) adjourns into closed session (1) to determine if the respondent(s) is responsible for violation(s) of the Code and, if so, (2) to recommend a range of appropriate community status outcomes up to expulsion from the University and any terms (see 7. Outcomes) to the Director. After a determination of responsibility but prior to the recommendation of outcomes, the Chair informs the Hearing Officer(s) of any prior disciplinary finding(s) against the respondent(s) and shares any impact or mitigation statements with them. Decision(s) of the Student Conduct Board will be made by majority vote and will be forwarded to the Director. Administrative Hearing Officers will also forward their decision(s) to the Director. The Chair may ask questions at the hearing and will participate in the deliberations but will not have voting rights.
Decision Notification. Within five (5) days of the conclusion of the hearing, the Director will notify the respondent(s), and the complainant(s) as permitted by applicable law, of the decision in the case.
Appeals. Please see Appeal Process.