Student Judicial Policies and Procedures

8. Pre-Hearing Procedural Guidelines

8.1 The accused student shall be notified in writing by an appropriate University official that he/she is alleged to have violated a University regulation. The notification shall include a requirement that the student attend a preliminary meeting, to be held no sooner than three (3) consecutive academic days following date of the original notice. At the preliminary meeting the accused student will elect, in writing, one of two options:

8.1-1 The student may request that the administrative officer schedule a hearing no sooner than five (5) academic days from the date of the preliminary meeting.

OR

8.1-2 The student may elect that the administrative officer give the matter immediate consideration and take whatever action is deemed appropriate. The five day waiting period and the ability to question the complainant are waived under this option.

NOTE: Under either 8.1-1 or 8.1-2, the student shall be entitled to appeal the administrative officer’s decision via the provisions of the appellate procedures delineated elsewhere in this document (See Section 11). Pursuant to an administrative hearing held under 8.1-2, the proceeding will be less formal than that described in Section 9. Normally such a hearing will involve only the accused student and the administrative hearing officer. By electing hearing option 8.1-2, the accused student receives the benefit of an immediate resolution of the pending disciplinary charge(s). However, the less formal hearing precludes certain procedural guidelines as delineated in Section 9.

8.2 Pursuant to an administrative hearing held under 8.1-1, the student shall be entitled to the following:

8.2-1 Written notification of the time and place of the hearing. Pursuant to an administrative hearing held under 8.1-2, this requirement is waived.

8.2-2 A written statement of the charge(s) of sufficient particularity to enable the student to prepare a defense.

8.2-3 A copy of the complaint or incident report from which the charges are derived. The identity of the complainant and the substance of the complaint must be made known to the accused to enable him/her to prepare a defense against the charge(s). EXCEPTION: Where bona fide concern exists that disclosure of the name(s) will subject the complainant(s) to actual harm or the threat of harm, the University may withhold the name(s) of the complainant(s) in this notification.

 Last Updated On: 8/19/07