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A. Charges and Student Conduct Board Hearings

1. Who can file charges

1. Any member of the University community may file charges against a student for alleged violations of the Student Code. A charge shall be prepared in writing and directed to a Student Conduct Administrator. Any charge should be submitted as soon as possible after the event takes place, preferably within thirty days.

2. Investigation

2. The Student Conduct Administrator may conduct an investigation to determine if the charges have merit and/or if they can be disposed of via an Administrative Hearing. If charges are not admitted and/or cannot be disposed of by mutual consent, the Student Conduct Administrator may later serve in the same matter as the Student Conduct Board or a member thereof. If the student admits violating institutional rules, but sanctions are not agreed to, subsequent process, including a Hearing if necessary, shall be limited to determining the appropriate sanction(s).

3. Response Period

3. If charges cannot be disposed of via an Administrative Hearing, all charges shall be presented to the Accused Student in written form, and the Accused Student shall be given a period of no less than seventy-two hours to respond to the charges. A time shall be set for a Student Conduct Board Hearing not more than fifteen classroom days after the student has been notified. Maximum time limits for scheduling of Student Conduct Board Hearings may be extended at the discretion of the Student Code Administrator.

4. Student Conduct Hearings

4. Student Conduct Board Hearings shall be conducted by a Student Conduct Board according to the following guidelines except as provided by Article V (A) (7).

  1. Student Conduct Board Hearings normally shall be conducted in private.
  2. The Complainant, Accused Student and their advisors, if any, shall be allowed to attend the entire portion of the Student Conduct Board Hearing at which information is received (excluding deliberations). Admission of any other person to the Student Conduct Board Hearing shall be at the discretion of the Student Conduct Board and/or the Student Code Administrator.
  3. In Student Conduct Board Hearings involving more than one Accused Student, the Student Code Administrator, in his or her discretion, may permit the Student Conduct Board Hearings concerning each student to be conducted either separately or jointly.
  4. The Complainant and the Accused Student have the right to be assisted by an advisor they choose, at their own expense. The advisor must be a member of the University community and may not be an attorney unless the student has pending criminal charges directly related to the student conduct code violation. The Complainant and/or the Accused Student is responsible for presenting his or her own information, and therefore, advisors are not permitted to speak or participate directly in any Student Conduct Board Hearing before a Student Conduct Board. A student shall select as an advisor a person whose schedule allows attendance at the scheduled date and time for the Student Conduct Board Hearing because delays will not normally be allowed due to the scheduling conflicts of an advisor.
  5. The Complainant, the Accused Student and the Student Conduct Board may arrange for witnesses to present pertinent information to the Student Conduct Board. Only witnesses able to speak to the substance of an allegation may be called. Character witnesses may submit written statements for inclusion at the hearing, but shall not be called as a witness. At least two classroom days prior to the Student Conduct Board Hearing the University will try to arrange the attendance of possible witnesses who are members of the University community, if reasonably possible, and who are identified by the Complainant and/or Accused Student. Witnesses will provide information to and answer questions from the Student Conduct Board. Questions may be suggested by the Accused Student and/or Complainant to be answered by each other or by other witnesses. This will be conducted by the Student Conduct Board with such questions directed to the chairperson, rather than to the witness directly. This method is used to preserve the educational tone of the Hearing and to avoid creation of an adversarial environment. Questions of whether potential information will be received shall be resolved in the discretion of the chairperson of the Student Conduct Board.
  6. Pertinent records, exhibits, and written statements (including Student Impact and Character Witness Statements) may be accepted as information for consideration by a Student Conduct Board at the discretion of the chairperson.
  7. All procedural questions are subject to the final decision of the chairperson of the Student Conduct Board.
  8. After the portion of the Student Conduct Board Hearing concludes in which all pertinent information has been received, the Student Conduct Board shall determine (by majority vote if the Student Conduct Board consists of more than one person) whether the Accused Student has violated each section of the Student Code which the student is charged with violating.
  9. The Student Conduct Board’s determination shall be made on the basis of whether it is more likely than not that the Accused Student violated the Student Code.
  10. Formal rules of process, procedure, and/or technical rules of evidence, such as are applied in criminal or civil court, are not used in Student Code proceedings.
5. Records

5. There shall be a single record of all Student Conduct Board Hearings before a Student Conduct Board (not including deliberations). Deliberations shall not be recorded. The record shall be the property of the University.

6. Presence of Accused Student

6. If an Accused Student, with notice, does not appear before a Student Conduct Board Hearing, the information in support of the charges may nevertheless be presented and considered even if the Accused Student is not present.

7. Safety

7. The Student Conduct Board may accommodate concerns for the personal safety, well-being, and/or fears of confrontation of the Complainant, Accused Students, and/or other witnesses during Hearing by providing separate facilities, by using a visual screen, and/or by permitting participation by telephone, videophone, closed circuit television, video conferencing, videotape, audio tape, written statement, or other means, where appropriate, as determined in the sole by the Chief Student Conduct Officer.