Code of Student Life
PROCEDURES FOR HEARINGS
All disciplinary hearings will adhere to the following procedures.
- The student will be informed in writing of the allegations made and the date, time, place and identity of the body conducting the hearing at least five (5) working days, as defined by the University, prior to the hearing. In cases which could reasonably involve suspension or expulsion as the penalty, the accused will be given seven (7) working days, as defined by the University, notice. These time frames are contingent upon the academic calendar and the necessity to bring closure to a situation and, at the discretion of the vice president for student services or the judicial officer, may be adjusted as deemed necessary. The accused may choose to waive the five (5)- or seven (7)-day notice prior to a hearing in an effort to speed up the process.
- An opportunity for the student to review the evidence, except official University Police Department reports on cases pending action in the district attorney’s office or while the case is still under investigation, prior to the hearing, shall be provided upon request. An appointment must be set up with the judicial secretary in the Office of Student Services, in the Jack B. Kelley Student Center, Room 116, to review this information.
- The student, during the course of the hearing, may seek advice of legal counsel/adviser at the expense of the student. Counsel may advise the student but may not present the case. Each accused and the accusing student may have one person (attorney, friend, relative) accompany him/her in the hearing. This person cannot be a witness.
- The University will present evidence supporting the allegations first and has the burden of proving its case by the preponderance of evidence. Preponderance of evidence means proof that leads a reasonable person to find that the facts in issue are more likely to have occurred than not. A determination of the facts will be based only on the evidence as presented. The technical rules of evidence applicable to civil and criminal cases shall not apply.
- An opportunity will be provided for the accused to present his/her own version of the facts and to present other evidence in support of the current case including witnesses. Witnesses not having information directly pertaining to the scheduled case may not be allowed. The accused student should notify and make arrangements with their witnesses for them to attend the hearing or provide notarized written information or official University reports to be included in the hearing. The accused will also have the right to hear evidence and question evidence presented through the hearing officer. The hearing officer may impose reasonable limitations upon the presentation of evidence and questioning of witnesses.
- A student may not be compelled to testify in his/her own behalf. If the student chooses not to testify or to appear at the hearing, no inference may be drawn from this action; however, the hearing will proceed and a decision will be made based on the facts presented. In the event that the accused, witness or any other person involved with the case is more than 10 minutes late to the hearing, the hearing body is not responsible for beginning the hearing over, recalling witnesses or re-entering any evidence into the record.
- Disorderly or disruptive behavior by any individual in a hearing process may result in removal of that individual from the hearing process, at the discretion of the hearing officer, and the hearing process may continue.
- The University will provide for the recording of the hearing. The tape is the property of the institution. Pending any appeal, the student may, under supervision, review the recording. An appointment will be required to review the recording. The student can obtain a copy of the recording at his/her own expense. For sanctions resulting in less than suspension or expulsion, the recording will be destroyed following the conclusion of the case, including any appeal. Suspension/expulsion sanctions result in records being maintained permanently in the Office of Student Services.
- Upon conclusion of the hearing, a written statement of the findings, the formal action to be taken by the University, and a description of the appeals process will be forwarded (delivered or postmarked) to the student within five (5) working days, as defined by the University.
- Disciplinary hearings will be closed with the exception of those directly involved in the hearing. The disciplinary proceedings will not be open to the media.
- At the University’s discretion, notices and judicial correspondence will be issued to the student’s local and/or permanent address of record or delivered by staff. It is the student’s responsibility to keep the address of record current. A letter sent to the address listed in the registrar’s records or staff delivered shall constitute full and adequate notice. The failure of a student to provide an address change or forwarding address, or the refusal to accept/receive a letter (sent either by first class mail or certified mail or by staff delivery) shall not constitute good cause for failure to comply with the content of the official University correspondence. Disciplinary action may be taken against a student for failure to appear after proper notice.