The Administrative Officer will assemble the Student Hearing Panel, which consists of five students and a Panel Chair. Members of the Hearing Panel and the Chair are selected at the beginning of the Fall semester by a committee comprised of representatives from the Office of Student Affairs and the Student Faculty Court. The Administrative Officer will serve as an advisor to the panel. 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
complainant 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
Panel Chair 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 testifying.
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
Student Hearing Panel will deliberate in closed session
in order to render a decision.
The
Panel Chair will be responsible for delivering the decision
in writing to the accused student. The decision shall include
a summary of the findings and the sanctions
imposed.
The
decision of the Student Hearing Panel shall be final unless
the student files an appeal.
