Student Judicial Policies and Procedures

9. Administrative Hearing Procedural Guidelines

Pursuant to an administrative hearing held under 8.1-1, the following are administrative hearing procedural guidelines:

9.1 The hearing is to be held in an expeditious manner. Upon written notification of a hearing date, the accused student or the complainant shall be entitled to one postponement of a scheduled hearing provided that the student petitions the judicial entity for a postponement, in writing, not later than twenty-four (24) hours before the scheduled hearing.

9.2 The purpose of the hearing is to establish the truth regarding the matter before the judiciary. The burden of proof shall rest upon the complainant. The purpose of the hearing is to determine the facts. The standard of proof shall be the preponderance of the evidence . The administrative judicial entity may question any witness. All questions and witness’ testimony shall pertain only to the matter before the judiciary. If heard by a panel, decision may be reached by consensus or majority vote at the panel’s discretion.

9.3 All available witnesses and facts must be heard. The number of witnesses is not limited, except, if the judicial entity determines that the substance of a witness’ testimony has already been presented and would result in simple repetition, the judicial entity may decline to hear the witness. A witness’ testimony may be terminated when, in the judgment of the judicial entity, it ceases to be relevant or becomes so rambling or incoherent that it is meaningless. The judicial entity may call witnesses.

9.4 The hearing is to be closed to the public.

9.4-1 In instances where those appearing before a judicial entity repeatedly interrupt and disturb a judicial proceeding, a judicial entity may, after sufficient warning, issue a summary contempt ruling and apply any of the items found under the Sanctions and Penalties section of this document, up to and including suspension from the University. The issuance of University Suspension under a contempt ruling may be appealed directly to the appellate level for review.

9.5 No witnesses shall be permitted to attend the hearing prior to the delivery of their testimony or remain after the completion of their testimony.

9.6 The judicial entity shall use its discretion in determining the validity of or amount of weight to be given to affidavits and/or tape recordings purporting to represent witness testimony for either the accused student or the complainant.

9.7 A tape recording will be made of all hearings conducted under 8.1-1. The recording shall be held in custody of the Division of Student Affairs. Access to the recording shall be to: the accused student, the complainant, the judicial entity having original jurisdiction in the case, and, if appealed, the appellate entity having jurisdiction. Electronic copying of the original tape recording shall not be allowed except one back-up tape may be made for use in case the original is unusable. Only written excerpts or notes taken by those permitted access to the tape will be allowed. Upon conclusion of a case, either following waiver of appeal or following a final appeal hearing, the tape recording shall be erased.

9.8 The accused student, the complainant, and their respective advisors, if any, may be present during the entire hearing except when confidentiality is required by law.

9.8-1 The complainant may elect to present evidence, and to call and question witnesses or to defer that responsibility to the Division of Student Affairs. If the responsibility for presenting a case is deferred to an administrator, that person cannot be involved in hearing the case.

9.8-2 The accused student may elect to appear in person, to present a defense to the judicial entity, to call witnesses, and to ask questions of any witness.

9.8-3 The accused student may elect not to appear before the judicial entity. Should the accused elect not to appear, the hearing shall be held in his or her absence. The choice of the accused not to appear in person shall not be taken as an admission of guilt and must be noted without prejudice. If the accused student elects to appear in person, he/she may decline to answer questions posed by the judicial entity.

9.8-4 Eligibility for service as an advisor and the role of the advisor during formal judicial proceedings is defined previously in this document, Section 7.

9.8-5 The accused student shall be entitled to receive a written explanation of the decision of the judicial entity within five (5) academic days of the conclusion of the hearing. The complainant may be apprised of the outcome as permitted or required by law.

9.8-6 The accused student shall be notified of the right to appeal the original decision of the judicial entity. Any finding or sanction assessed by the judicial entity shall be held in abeyance until the final appeal as provided for in this document is exhausted.

9.8-7 When the University determines that the complainant is permitted or required by law to be apprised of the outcome of a judicial hearing, the complainant will be so notified. In such instances the complainant also has the right to appeal the decision.

9.9 If an accused student withdraws from the University before a hearing, the University may defer the hearing and re-entry would not be allowed until the process is concluded.