The Administrative Officer will be the hearing official and may invite student(s), faculty, staff or other experts whose knowledge may be beneficial to serve as the hearing panel, when appropriate. The hearing will consist of the following procedures:
The
hearing will be closed, and all proceedings will be confidential.
An exception will be allowed if both the charged student
and the complainant agree to an open hearing.
The
student charged may bring an advisor or legal counsel for
assistance but must speak for himself or herself. The role
of the advisor or legal counsel will be restricted solely
to advising the student.
The
University and the charged student will have the opportunity
to call and examine witnesses and to present and question
other evidence. The student is responsible for having his
or her witnesses at the hearing. The University can assist
in obtaining the attendance of students and University personnel.
The
hearing official will exercise control over the hearing.
Rules of evidence as used in courts will not be applied
in this type of hearing. Any person who disrupts the hearing
may be asked to leave the hearing. Repetitious or irrelevant
evidence may be excluded. Witnesses (other than the accused)
will be present only during the time they are addressing
the panel.
The
standard of proof that will be used is the preponderance
of evidence standard. In other words, a student will be
found in violation of the Code of Conduct only when the
evidence demonstrates that it is more likely than not that
the student committed the violation. The weight and credibility
of the evidence is considered.
The
hearing panel will deliberate in closed session in order
to render a decision.
The
Administrative Officer will be responsible for delivering
the decision in writing to the accused student. The decision
shall include a summary of the findings and if the student
is found in violation, the sanctions imposed.
The
decision of the hearing official shall be final unless the
student files an appeal.
