2017-2018 Student Handbook

Page 57 of 107 Updated 1.25.17 Before meeting with a judicial officer, the student will be provided, in writing, with a summary of the behavior that allegedly violates particular provisions of the Code of Conduct. Most meetings are at a more informal basis where the student is able to learn about a redemptive process. If the violation is of a more serious nature where the misconduct would likely result in suspension or dismissal, the process will become more formal and the hearing will include the following structure: A. The hearing will be conducted in private. Admission of any person to the hearing will be at the discretion of the Dean of Students. The dean may accommodate concerns for the personal safety, well-being, and/or fears of confrontation of the reporting party, accused student, and/or other witness during the hearing by providing separate facilities, and/or by permitting participation by telephone, video conferencing, written statement, or other means, where and as determined in the sole judgment of the dean to be appropriate. B. Accused students may be assisted at hearings by an advisor. The advisor must be a current student, faculty, or staff member of the university who was not involved in the incident. The advisor cannot speak for the accused student. The role of the advisor is to accompany the student and advise him or her privately during the hearing process. C. Hearings will proceed in the following manner: 1. An opportunity to get to know the student and their perspective 2. Reading of the charges 3. The student’s denial or admission of the charges 4. Presentation of information and/or witnesses supporting the charges and questions by the student charged and the committee 5. Presentation of information and/or witnesses by the student charged that rebuts the charges and questions by the Dean of Students 6. Closing statement by the accused student D. The dean and the accused student may call witnesses. The dean may ask questions of the witnesses. The accused student may not directly question the witness, but may direct questions to the dean after the witness has been excused. The dean will then determine if the questions are appropriate, and if so, will follow up with the witness as necessary. Witnesses may only be present while giving testimony. Accused students must present a list of witnesses and purposes of their statements to the chair 24 hours in advance of the hearing. E. Pertinent records, exhibits and written statements may be accepted as information for consideration by the dean. This information must be submitted to the dean at least 24 hours before the hearing. F. If, during the course of the hearing, additional charges are discovered, the accused student will be notified of the new charges and will be granted additional time, if needed, to prepare a defense of the new charges. The accused student may waive the additional time and the hearing can proceed with the new charges taken under consideration by the dean. G. Information about the misconduct of other students shared at the hearing may be used as the basis for disciplinary action. H. The dean’s determination will be made on the basis of the preponderance of the evidence standard (whether it is more likely than not that the accused student violated the Code of Conduct). I. The Dean of Students will notify the student, in writing, of the decision and the sanctions issued, if any. J. If the accused student fails to appear at the hearing, the dean may make a decision based on the available information. K. All procedural questions are subject to the final decision of the Dean of Students.