B. Administrative Hearing Process

  1. The Director of Student Conduct & Community Standards or a designee may conduct an investigation to determine if there is sufficient information to find a possible violation. If there is insufficient information then the case will be dismissed. If there is sufficient information, then the Director of Student Conduct & Community Standards or a designee will determine if the charges can be resolved without a hearing by mutual consent of the parties involved on a basis acceptable to the Director of Student Conduct & Community Standards. This may include:

        a.  Agreement regarding responsibility for alleged violations and imposed sanctions between the University official and the respondent as long as sanctions do not include Disciplinary Probation, University Separation or University Expulsion.
        b.  Agreement to dismiss the case as lacking sufficient evidence to support a violation of the student code of conduct.
        c.  Agreement that the University Medical Amnesty policy applies (Article IV, D).

    In any of these instances, such disposition shall be final and there shall be no subsequent proceedings or appeals.

  2. If charges are not dismissed, if charges are not admitted to, if charges cannot be resolved by mutual consent, if sanctions are not agreed to, or if medical amnesty is not granted, the case will be referred to the Office of Student Conduct & Community Standards for resolution through the administrative hearing process.
  3. An administrative hearing will be scheduled. The administrative hearing date, time and location will be communicated to the respondent at least five business days prior to the hearing. A respondent may choose to waive this notice in the interests of expediting resolution of the case.
  4. The respondent may review all information relevant to the hearing. Information will be available at least five business days prior to the hearing.
  5. Administrative Conduct Hearings shall be conducted according to the following guidelines:

        a.  Administrative Conduct Hearings shall be conducted in private.
        b.  A single hearing officer will determine responsibility for the alleged policy violations and possible sanctions.
        c.  The respondent has the right to be assisted by an advisor of their choice, at their own expense. The respondent is responsible for presenting relevant information to the hearing officer. Advisors may advise their advisee but are not permitted to speak or participate in the hearing. Normally, hearings will not be delayed or rescheduled to accommodate advisors.
        d.  The hearing officer, respondent, an advisor of the respondent's choice (if any), and the investigator (if any) shall be allowed to attend the entire portion of the administrative conduct hearing except for the hearing officer's deliberation.
        e.  The respondent and the investigator (if any) will have an opportunity to present information relevant to the allegations.
        f.   The respondent and investigator may request witnesses to present pertinent information to the hearing officer. The Director of Student Conduct & Community Standards or designee will determine relevancy of witnesses. Normally, hearings will not be delayed or rescheduled to accommodate witnesses.
        g.  Approved witnesses shall be allowed to attend a portion of the hearing where they will present relevant information and answer questions.
        h.  The hearing officer and the respondent may ask questions of the respondent, the investigator and witnesses.
        i.   After all appropriate parties have had an opportunity to present information to the hearing officer and ask questions, the hearing officer will deliberate to determine responsibility for alleged violations. Deliberations will be in private. The hearing officer may confer with the Director of Student Conduct & Community Standards or designee during deliberations.
        j.   If responsibility for any violation is determined, the hearing officer will deliberate to determine appropriate sanctions. Sanctions will be determined based on the violations for which the respondent is found responsible, prior misconduct, factors considered aggravating and factors considered mitigating. The hearing officer may confer with the Director of Student Conduct & Community Standards or designee during deliberations.
        k.  In hearings involving more than one respondent, the Director of Student Conduct & Community Standards or designee may permit the respondents to participate in the hearing separately or together. Respondents may request to have decisions rendered separately or together.
        l.  Pertinent records, exhibits and written statements (including student impact statements) may be accepted as information for consideration by the hearing officer at the discretion of the Director of Student Conduct & Community Standards or a designee. All relevant information must be submitted by the complainant and respondent at least 2 business days before the scheduled hearing.
        m. All procedural questions are subject to the final decision of the Director of Student Conduct & Community Standards or designee.
        n.  The hearing officer's determination of responsibility for each violation shall be made on the basis whether there is a preponderance of the evidence, or whether it is more likely than not, that the respondent violated the student code of conduct.
        o.  Formal rules of process, procedure, and/or technical rules of evidence, such as are applied in a criminal or civil court, are not used in the student conduct proceedings.

  6. If with proper notice the respondent and/or investigator do not appear for a conduct hearing, the available information regarding alleged violations shall be presented and considered without such parties present.
  7. The hearing officer may accommodate concerns for the personal safety, well-being, and/or fears of confrontation of the respondent, and/or witnesses during the hearing by providing separate facilities, by using a visual screen to separate participants, and/or by permitting participation by telephone, video conferencing, video recording, audio recording, written statement or other means. Decisions regarding participation will be made by the Director of Student Conduct & Community Standards or designee.

Last Updated: August 14, 2019