Hearing Procedures

In situations where it is felt that it is not necessary for an administrative meeting to take place, a letter can be expedited to the student in lieu of a meeting. This letter should be used in low level violations. Student always have the option to meet with the residence director/public safety staff if they feel it is necessary, however in most cases, this will be situations where a friendly reminder about SNHU policy is needed.

Minor Violations
The following statements summarize the procedures involved in the review of possible minor violations.

Notice -- Students will receive a letter electronically from the appropriate SNHU staff member requesting an administrative meeting to discuss the incident. Students must have at least a 48-hour notice for administrative meeting. It is the responsibility for all students to constantly check their SNHU e-mail account.
Attendance-Students are expected to attend his/her meeting. If the student fails to meet with the staff member, the review will be made in his/her absence and without his/her input.
Administrative Meetings -- These meetings are conducted as an educational dialogue between the staff member and the accused student. An educational dialogue has the full participation of all parties and is done for the purpose of learning from the situation, as well as upholding community standards. Notes will be taken if necessary and kept on file.
Advisor -- An accused student may have an advisor of his/her choosing from within the university community present at the meeting. The advisor may be selected from the faculty or staff at the university. The advisor shall not participate directly in any aspect of the meeting. The advisor may only address the accused student. It is the student’s responsibility to present all aspects of his/her own defense.
Notice of results --The decision shall be made on the basis of whether it is more likely than not that the violation has occurred. Written notification of the result of the meeting will be e-mailed within 3-5 business days after the date of the meeting.
Appeal -- If the student is found responsible, he/she may request an appeal. Please note the specifics of the appeals process located in the appeal section of the student handbook.

Major Violations
The steps below specify the procedures that must be followed when determining if a major violation of university policy has occurred and assures that due process is followed.

Notice -- Students will receive a letter electronically from the appropriate SNHU staff member requesting a judicial hearing to discuss the incident. Students must have at least a 48-hour notice for hearings. It is the responsibility for all students to constantly check their SNHU e-mail account.
Witnesses provided by the student – Written witness statements must be presented to the hearing officer 24 hours in advance of the hearing. Witnesses must also be present at the hearing to answer any questions if needed. Written statements by non-residents and others unable to attend the hearing may be admitted. As the student’s character is not in question, character witnesses will not be allowed to be a part of the hearing; however, written character statements will be accepted.
Burden of Proof - The burden of proof is on the university to show that the student is responsible for the violation or a pattern of misconduct. The standard of proof is not that of the criminal courts. The decision shall be made on the basis of whether a violation of university policy more likely than not occurred.
Presentation - If the case suggests that an initial investigation should take place due to the complexity of the case, the designee will facilitate the investigation and present the case. The individual hearing of the case may not be involved in the development of the presentation for either party.
Legal Counsel - Both the student and the staff presenting the case may seek the advice of counsel in preparing the case, but legal assistance will not be allowed during the hearing (whether by means of presence at the hearing or by recess and conference outside the hearing). If there is a criminal case pending against a student, he/she may receive the advice of counsel during a hearing regarding his/her own statements and answers to questions, but on no other matter. Counsel may not assist students, and may not advise the accused student on questions he/she may ask of others during the hearing.
Advisor – If a student is involved in a hearing, it is the right of the student to have a member of the university community, who has no legal background, serve in capacity of advisor to the student. The advisor may confer with the student but may neither address the hearing officer nor question witnesses.
Attendance at Hearing - Only members of the university community and witnesses to the incident may attend the hearing.
Hearing - The hearing will be conducted formally and summary notes must be kept. A tape recording of the hearing could be made. Students may request and pay for a copy of their hearing.
Finding and Sanction - Based upon the information presented, the hearing officer will determine if the student is responsible or not. If the student is found responsible for any of the violations the santions imposed will be based on the severity of the violation and the student's previous disciplinary record. The sanction wll be chosen at the discretion of the hearing officer/board. In maters other than AOD violations, time-lapse between violations, could be a consideration when imposing a sanction.
Refund Policy for Discipline Cases - If the student is terminated from a program or housing, he/she is not eligible for a monetary refund from the university.
Notice of Results - A letter notifying the student of the results of the hearing will normally be e-mailed within 72 hours of the hearing. Notification must be sent no later than 5 working days following the hearing.