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Student Policies & Procedures
Student Conduct Administration

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Baylor > Student Policies & Procedures > Student Conduct Code > VI. Purpose and Procedures for the Student Conduct Code > C. Procedures Applicable to Student Conduct Board Hearing



VI. Purpose and Procedures for the Student Conduct Code

The purpose of the student conduct code is to determine if a student has engaged in misconduct, and, in those cases in which it is determined that the student has engaged in misconduct, to impose appropriate sanctions. Baylor University employs the following procedures in fulfilling this purpose.

A. Preliminary Procedures
B. Procedures Applicable to an Administrative Hearing

C. Procedures Applicable to Student Conduct Board Hearing

1. Disqualification
A member of the Student Conduct Board shall disqualify himself or herself if he or she feels that, in reaching a decision as to whether or not an accused student has committed an act of misconduct, he or she cannot act on the weight of the evidence without bias or prejudice.

2. Quorum
A quorum for a hearing is three faculty members and two student members of the Student Conduct Board. A quorum is not affected by a member of the Student Conduct Board disqualifying himself or herself after a hearing has begun.

3. Board Rules
The Student Conduct Board may adopt specific procedural rules for hearings, provided such rules are not inconsistent with this Student Conduct Code. These rules may provide for the recess of the hearing if the chair of the Student Conduct Board feels that a break is needed due to the length of time the hearing has proceeded.

4. Hearing Date
Except as provided in this article under Section G or under paragraph 9 of this Section C, the Student Conduct Board must meet to consider an alleged charge of misconduct within 21 business days after the accused student's official recorded denial of the charge or within a reasonable amount of time if the hearing timeframe would fall during a University holiday, break in the semesters, during the summer months, or when a quorum of the Student Conduct Board is not available.

5. Who May Attend
Only members of the Student Conduct Board, the accused student, and the student conduct officer may attend the full hearing. Witnesses may be present only while giving testimony. Lawyers representing the accused student or the University and character witnesses are specifically prohibited from attending any portion of the hearing.

6. The Hearing
A hearing is designed to be a facilitated discussion between the accused student, the student conduct officer, and the members of the Student Conduct Board that gives the student the opportunity to address the charge(s) of misconduct and explain his or her conduct given the circumstances surrounding the alleged incident.

The Student Conduct Board is presided over by the chair of the Student Conduct Board, or in his or her absence, the vice chair. The chair is in charge of the hearing and has broad discretion. The chair shall exercise control over the conduct of all persons participating in the hearing and direct the initial questioning to the student conduct officer and the accused student and their witnesses. The chair shall act as a hearing officer by developing the facts and evidence necessary to enable the board to make a decision as to whether or not an act of misconduct has been committed. In so doing, the chair may exclude irrelevant, immaterial, and unduly repetitious evidence. The chair may, at his or her discretion, recess the hearing as often as necessary to ensure fairness to the grievant and accused.

The student conduct officer and the accused student shall present to the Student Conduct Board facts and circumstances that will enable the board to determine whether or not the accused student has committed an act of misconduct. In presenting their evidence, the student conduct officer and the accused student may ask others to present supporting testimony or documentary evidence.

In order to clarify issues, resolve inconsistencies or conflicts in testimony, or to ascertain facts, each member of the board may ask questions of any person appearing before the Student Conduct Board.

7. Evidence
In order to preserve the objectivity of the members of the Student Conduct Board, no person may present evidence regarding a charge of misconduct to a member of the board prior to a hearing. At the hearing, the accused student and the student conduct officer shall present to the Student Conduct Board any evidence, oral or written, that in the discretion of the chair might shed light on the facts and circumstances surrounding it. It is important for the student conduct officer and the accused student to offer all of their evidence at the time of the hearing. Once the hearing is concluded, the Student Conduct Board may not consider additional evidence or testimony.

Witnesses and evidence need to be presented at the hearing if a party wants them to be considered. For this reason, the accused student and student conduct officer must attempt to bring to the hearing to testify in person a witness who has firsthand knowledge of the facts and circumstances surrounding the alleged act of misconduct. When a witness cannot be present at the hearing, the accused student may present to the chair of the Student Conduct Board a signed, notarized written statement from the absent witness. Because the absent witness cannot be questioned, this type of evidence is given less weight.

The student conduct officer may present evidence from past misconduct if such evidence shows a pattern of behavior that has bearing on the case being heard.

8. Questioning
In addition to members of the Student Conduct Board, the student conduct officer and the accused student may question the witnesses of either.

9. Failure to Appear
If the accused student fails to appear before the Student Conduct Board on the date and at the time and place specified in the notice, the Student Conduct Board may take the information and evidence presented, including any presented by the student conduct officer and witnesses who do appear, and reach a decision on the basis of the information and evidence presented. Failure of the accused student to appear and offer evidence may leave the Student Conduct Board little choice but to decide that the student has engaged in misconduct based on the evidence and testimony presented by the student conduct officer. If either the student conduct officer or the accused student is unable to appear before the Student Conduct Board on the date specified in the notice, he or she should notify the Chair of the Student Conduct Board of the reasons that prevent his or her attendance as scheduled. If the chair of the Student Conduct Board determines that good cause exists for the party not appearing at the hearing when scheduled, a new date for the hearing will be set.

10. Decision of the Student Conduct Board
After the hearing is concluded, the chair shall excuse the accused student and the student conduct officer from the Student Conduct Board meeting. The Student Conduct Board shall then discuss the evidence presented during the hearing. The chair shall then poll the members of the Student Conduct Board by secret ballot on the question of whether or not a preponderance of the evidence supports the allegation that the accused student committed an act of misconduct. If a majority of the Student Conduct Board votes that a preponderance of the evidence supports the allegation, the Student Conduct Board shall render a decision that the accused student has committed the alleged act of misconduct. If less than a majority of the Student Conduct Board votes that a preponderance of the evidence supports the allegation, the Student Conduct Board shall render a decision that the accused student did not commit an act of misconduct. The decision of the Student Conduct Board as to whether or not an act of misconduct was committed is final, unless the vice president for student life or the president finds that there is substantial evidence that the decision of the Student Conduct Board was arbitrary and capricious.

11. Summary Report
The secretary of the Student Conduct Board shall prepare a summary report of the hearing, including the decision of the Student Conduct Board. The summary should explain what evidence supported the finding. The summary report of a Student Conduct Board hearing shall be reviewed by the Student Conduct Board members who shall indicate their approval of it by signing it.

12. Report of Decision
The chair of the Student Conduct Board shall report the decision of the Student Conduct Board to the accused student and have the original signed decision delivered to the associate vice president for student life. If the decision of the Student Conduct Board is that an act of misconduct has occurred, the chair of the Student Conduct Board shall have delivered to the associate vice president for student life the record of the hearing.

13. Imposition of Sanctions
The associate vice president for student life shall impose appropriate sanctions against a student whom the Student Conduct Board has found to have committed an act of misconduct. In determining appropriate sanctions, the associate vice president may review the record of the hearing, the verbal or written overview of the hearing by the chair, and the student's academic and disciplinary records. Other factors that may be considered include the student's attitude upon being found guilty and the nature and weight of the evidence presented. The associate vice president for student life may impose any reasonable sanction he or she deems appropriate, including suspension or expulsion.

In the absence of the associate vice president for student life, the person designated by the vice president to serve in his or her absence shall carry out the responsibilities assigned to the associate vice president in this Student Conduct Code.

In cases of sex offenses, both the accused student and the complainant will have an equal opportunity to have notice of the hearing, to have access to any evidence that will be presented at the hearing, to attend the full hearing, to present evidence and witnesses, to question witnesses at the hearing, to be notified in writing of the outcome of the hearing and sanctions if applicable, and to be notified of the appeal process.

D. Appeal of Decision
E. Appeal of Sanctions
F. Procedures for Imposition of Sanctions Prior to a Hearing
G. Presidential Hearing


Modified: 6-11-12