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 Administrative and Conduct Board Hearing Procedural Guidelines (Overview of a Hearing)

VI. Administrative and Conduct Board Hearing Procedural Guidelines

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The following are administrative hearing and Conduct Board procedural guidelines:

Overview of a Hearing: The hearing is to be held in an expeditious manner. Upon written notification of a hearing date, the accused student shall be entitled to one postponement of a scheduled hearing provided that the student requests the student conduct entity for a postponement, in writing, no later than twenty-four (24) hours before the scheduled hearing. The purpose of the hearing is to determine whether or not the accused student violated the Code of Conduct. The burden of proof shall rest upon the presenting party. The standard of proof shall be the preponderance of the evidence. If heard by a board the decision may be reached by majority vote. All available witnesses and facts must be heard. The number of witnesses is not limited, except, if the student conduct entity determines that the substance of a witness’ testimony has already been presented and would result in simple repetition, the student conduct entity may decline to hear the witness. A witness’ testimony may be terminated when, in the judgment of the student conduct entity, it ceases to be relevant or becomes so rambling or incoherent that it is meaningless. The student conduct entity may call witnesses. The hearing is to be closed to the public. No witnesses shall be permitted to attend the hearing after the initial introduction is made, prior to the delivery of their testimony, or remain after the completion of their testimony. The student conduct entity shall use its discretion in determining the validity of or amount of weight to be given to affidavits and/or recordings purporting to represent witness testimony for either the accused student or the complainant. A digital recording will be made of all hearings. The recording shall be held in custody of the Office of Student Conduct and Dispute Resolution. Access to the recording shall be to: the accused student, the presenting party, the hearing officer, board, and, if appealed, the appellate entity having jurisdiction. Copying of the original recording shall not be allowed. Only written excerpts or notes taken by those permitted access to the recording will be allowed. Upon conclusion of a case, either following waiver of appeal or following a final appeal decision, the digital recording will be deleted. The accused student, the presenting party, and their respective advisors, if any, may be present during the entire hearing except when confidentiality is required by law. The presenting party may elect to present evidence, and to call and question witnesses or to defer that responsibility to the Office of Student Affairs. If the responsibility for presenting a case as a presenting party is deferred to an administrator in the Office of Student Affairs, that person cannot be involved in the hearing of the case. The accused student may elect to appear in person, to present a defense to the student conduct entity, to call witnesses, and to ask questions of any witness. The accused student may elect not to appear before the student conduct 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 responsibility 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 student conduct entity. A student who fails to appear for the hearing waives their right to an appeal. The accused student shall be entitled to receive a written decision of the student conduct entity in an expeditious manner at the conclusion of the hearing and the outcome as permitted or required by law. The accused student shall be notified of the right to appeal the original decision of the student conduct entity. Unless stipulated to the contrary by the University, students who appeal a hearing decision will have that decision held in abeyance until a formal appeal decision has been reached. Generally, a student who was Interim Suspended prior to the hearing decision being made will remain on Interim Suspension status until completion of the appeal. When the University determines that the presenting party or victim of an incident is permitted or required by law to be apprised of the outcome of a student conduct hearing, the presenting party or victim will be so notified. In such instances the presenting party or victim also has the right to appeal the decision. 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. The University may also choose to make a decision in the matter.