B. Procedures Applicable to an Administrative Hearing
1. Hearing DateC. Procedures Applicable to Student Conduct Board Hearing
Except as provided in this article under Section G or under paragraph 6 of this Section B, an administrative hearing, if requested by an accused student, must be conducted 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 time frame would fall during a University holiday, break in the semesters, or during the summer months.
2. Who May Attend
Only the student conduct officer and the accused student 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.
3. The Hearing
The student conduct officer shall exercise control over the conduct of all persons participating in an administrative hearing and shall question the accused student and the witnesses. The student conduct officer shall act as a hearing officer by developing the facts and evidence necessary to make a decision as to whether or not an act of misconduct has been committed. In doing so, the student conduct officer may exclude irrelevant, immaterial, and unduly repetitious evidence. The student conduct officer may call a recess if he or she feels that a break is needed due to the length of time the hearing has proceeded.
The accused student shall present to the student conduct officer facts and circumstances that will enable the student conduct officer to determine whether or not the accused student has committed an act of misconduct. In presenting his or her position, the accused student may ask others to present supporting testimony or documentary evidence.
At the hearing, the accused student shall present to the student conduct officer any evidence, oral or written, that, in the discretion of the student conduct officer, is pertinent to the charge or that sheds light on the facts and circumstances surrounding it.
It is important for the accused student to offer all of his or her evidence at the time of the hearing. Once the hearing is concluded, the student conduct officer 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 student conduct officer a signed, notarized written statement from the absent witness. Because the absent witness cannot be questioned, this type of evidence is given less weight.
In addition to the student conduct officer, the accused student may question the witnesses.
6. Failure to Appear
If the accused student fails to appear at the hearing on the date and at the time and place specified in the notice, the student conduct officer may take the information and evidence presented, including any presented by the witnesses who do appear, and reach a decision on the basis of the information and evidence presented. Failure to appear and offer evidence may leave the student conduct officer little choice but to decide that an act of misconduct has occurred. If the accused student is unable to appear at the hearing on the date specified in the notice, he or she should notify the student conduct officer of the reasons that prevent his or her attendance as scheduled. If the student conduct officer determines that good cause exists for not appearing at the hearing when scheduled, the student conduct officer shall set a new date for the hearing.
7. Decision of the Student Conduct Officer
After the hearing is concluded, the student conduct officer shall excuse the accused student. The student conduct officer shall then review the evidence presented during the hearing and determine whether or not a preponderance of the evidence supports the allegation that the accused student committed an act of misconduct. The decision of the student conduct officer 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 officer was arbitrary and capricious.
8. Summary Report
The student conduct officer shall prepare a typewritten summary of the administrative hearing, including his or her decision.
9. Report of Decision
The student conduct officer shall report the decision to the accused student.
10. Imposition of Sanctions
The student conduct officer shall impose appropriate sanctions against a student who is found through an administrative hearing to have committed an act of misconduct. In determining appropriate sanctions, the student conduct officer may review 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 misconduct. The student conduct officer may impose any reasonable sanctions he or she deems appropriate; but if the student conduct officer feels that suspension or expulsion is the appropriate sanction for the act of misconduct, he or she shall first confer with the vice president for student life, or the vice president's designee, before imposing such a sanction.
11. Referral to the Student Conduct Board
If in the course of reviewing a case or conducting an administrative hearing, the student conduct officer determines that a hearing before the Student Conduct Board would be more appropriate, he or she may refer the case to the Student Conduct Board. If a case is referred to the Student Conduct Board, then the procedures outlined in Article VI, Section C would apply.
Modified: 6-11-12; 2-24-2017