Judicial Board Hearings

When the assistant dean refers a case to the judicial board for review, the following procedures will be followed.

Notice - Students will receive a letter electronically from the assistant dean of students to attend a preliminary hearing. The purpose of this preliminary hearing is to review the documentation, explain the student’s rights & responsibilities, and to explain in detail the judicial process.
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 from the hearing officer. Written statements by non-residents and others unable to attend the hearing may be admitted. As a 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 - A staff member will present the case for the university. The student will present his/her own case. If the case suggests that an initial investigation should take place due to the complexity, the residence director or designee will facilitate the investigation. The individual hearing of the case may not be involved in the development of the presentation for either party.
Personal Representation - Falsification, distortion, or misrepresentation before the Board is a violation of the Student Code of Conduct. Any person who abuses the Code in this way may face disciplinary charges for such conduct.
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 have 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 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. A tape recording of the hearing shall be made. Students may request and pay for a copy of their hearing.
Finding and Sanction - Based upon the information presented, the judicial board will determine if the student is responsible or not. The board will deliberate on the hearing and will decide if the student is responsible for the violation(s). 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. The decision of the judicial board will be subject to final review by the assistant dean.
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.
Notification 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. A copy of the notification may also be sent to the parents/guardians of the student at the discretion of the judicial board. Decisions made by the judicial board and/or hearing officer shall be final pending the normal appeal process.
Special Accommodations --The judicial board may accommodate students with concerns for their personal well-being, and/or fears of confrontation of the complainant, accused student, and/or other witnesses during the hearing by providing separate facilities, by using a visual screen, and/or permitting participation by telephone, videophone, closed circuit TV, video conferencing, videotape, audio tape, written statement, or other means, where as determined in the sole judgment of to be appropriate.