Disciplinary hearings at 国产AV are hearings to arrive at corrective recommendations regarding alleged student misconduct. These recommendations affect the student or organization's relationship with the University. The administration of discipline is viewed as an educational process NOT a criminal or civil trial proceeding. As such, the disciplinary procedures used are determined and administered by educators. Such procedures will give cognizance to the test of fairness, truth, and due process.

In no case shall a hearing to resolve charge(s) of student misconduct take place before the investigation report has been finalized or before the respondent has had an opportunity to respond in writing, unless the respondent has chosen to go through an informal process or otherwise provided a written waiver of rights to these procedures. Further, unrelated charges and/or cases shall be heard separately unless the respondent voluntarily consents to the charges/cases being heard jointly.

Where the respondent indicates that the student contests the charges, and once the investigation report has been finalized and copies provided to the respondent and alleged victim (where applicable,) the case shall be set for hearing; however, the alleged victim (where applicable) and respondent may have the option of selecting mediation as a possible resolution in certain student misconduct cases where they mutually agree, except where deemed inappropriate by the Office of Student Conduct & Title IX designee.

Where a case is not resolved through mediation, the respondent shall have the option of having the charges heard either by an administrator (hearing officer) or the Student Conduct Committee.

A. Procedures for Disciplinary Committee Hearings for Student Misconduct

  1. All disciplinary hearings involving the responding student, and the appropriate disciplinary committee are open meetings but will be conducted in a manner consistent with the Family Educational Rights and Privacy Act (FERPA) and applicable law.
  2. Disciplinary hearings are presided over by the chairperson of the committee. The disciplinary committee chair may exclude any person from the disciplinary hearing who materially interferes with the disciplinary hearing proceedings. Any disruptions of a disciplinary hearing can result in disciplinary action being taken against the student and or organization involved in the disruption. The chairperson of the committee makes such a determination with input of the Office of Student Conduct & Title IX designee, and when that determination is made those causing the disruption will be asked to leave the hearing and its premises immediately. If they do not voluntarily leave, the University Police will be contacted to escort them off the premises. A disciplinary committee quorum is one more than 50% of its membership present. A hearing may proceed with less than a quorum if the accused elects to proceed.
  3. The respondent and alleged victim (where applicable), as parties to these proceedings, shall have the right to use an advisor (including an attorney) of his or her choosing, and at his or her own expense, for the express purpose of providing advice and counsel. The advisor may be present during meetings and proceedings during the investigatory and/or resolution process at which his or her advisee is present. The advisor may advise his or her advisee in any manner, including providing questions, suggestions, and guidance on responses to any questions of the advisee, but shall not participate directly. The University shall not prohibit family members of a party from attending if the party requests such attendance but may limit each participant to two family members.
  4. The respondent shall have the right to present witnesses and evidence to the hearing officer or panel, as well as to ask questions of any witnesses. This questioning will take place through the submission of written questions to the panel or hearing officer for consideration; however, the parties’ advisors may still actively advise and assist in drafting those questions. The hearing officer or panel shall ask the questions as written, and will limit questions only if they are unrelated to determining the veracity of the charge leveled against the respondent(s). In any event, the hearing officer or panel shall err on the side of asking all submitted questions, and must document the reason for not asking any questions.
  5. Where the hearing officer or panel determines that a party or witness is unavailable and unable to be present due to extenuating circumstances, the hearing officer or panel may establish special procedures for providing testimony from a separate location. In doing so, the hearing officer or panel must determine there is a valid basis for the unavailability, ensure proper sequestration in a manner that ensures testimony has not been tainted, and decide that such an arrangement will not unfairly disadvantage any part y. Should it be believed that a party or witness who is not physically present has presented tainted testimony, the hearing officer or panel will disregard or discount the testimony during the hearing.
  6. Formal civil rules of evidence do not apply to the investigatory or resolution process. The standard of review shall be a preponderance of the evidence; the disciplinary committee will determine based on the evidence presented at the hearing, whether it is more likely than not that the violation in question did occur. However, any decision to suspend or to expel a student must also be supported by substantial evidence at the hearing.
  7. Documentation of the proceedings, which may include written findings of fact, transcripts, audio recordings and/or video recordings, will be on file in the Office of Student Conduct & Title IX in accordance with USG records retention policy (Appendix C. Section III).
  8. Following a hearing, both the respondent and alleged victim (where applicable) shall be provided a written decision via 国产AV email of the outcome and any resulting sanctions. The decision should include details on how to appeal. Additionally, the written decision must summarize the evidence in support of the sanction. The same information will be provided, regardless of whether the student opts for a student panel or an administrative hearing.

B. Disciplinary Hearing Committees

  • The Student Judicial Council
  • The 国产AV Student Conduct Committee
  • The Title IX Committee 

The composition of each disciplinary committee is as follows:

  1. The Student Judicial Council shall be composed of (11-15) enrolled students representing a cross-section of the 国产AV student body. All members of the Council shall have a minimum 2.5 cumulative grade point average the semester of their appointment and must maintain this average during their tenure. If a member does not maintain a 2.5 cumulative average, has two or more unexcused absences to scheduled meetings or hearings or is found responsible for a violation of the Student Code of Conduct, then the student will automatically forfeit his/her position on the Student Judicial Council.
  2. The 国产AV Student Conduct Committee shall be composed of the Student Judicial Council, two faculty and staff, and members of the Office of Student Conduct & Title IX. The President of 国产AV may authorize the Vice President for Enrollment & Student Affairs or their designee to make the appointments. The Student Conduct Compliance Officer will serve as the chair.
  3. The Title IX Committee shall be composed of a representative from Academic Affairs, Athletics, Housing and Residence Life, Human Resources, and Finance and Administration. Members are appointed by the Director of the Office of Student Conduct & Title IX upon completion of required training.

C. Procedures for Disciplinary Hearings 

  1. An oath is administered to all parties.
  2. Presentation of the alleged violation(s) to respondent.
  3. A call for a response from the respondent to each violation of either not responsible or responsible is requested by the hearing officer.
  4. Presentation of witnesses and documentation supporting the alleged violation(s) is made.
  5. Presentation of the comments and documentation supporting the respondent’s position.
  6. Examination and questioning by the committee and the respondent follows witness comments and information supporting the alleged violations and respondent’s position.
  7. Presentation of the closing comments by both parties, first the conduct officer and then the respondent.
  8. Committee deliberations then occur, and they are closed to everyone but committee members. The committee will hear only that information pertinent to the charge(s). The Committee may request assistance from the conduct officer in clarifying an issue in deliberations, or they may recall witnesses.
  9. The disciplinary committee has three charges.
    1. Determine the facts.
    2. Determine responsibility for any or all violations.
    3. If there is a finding of responsibility for any or all violations, they are to develop a suitable disciplinary recommendation(s).
  10. The disciplinary committee reconvenes after deliberations and will advise the respondent of its findings and recommendation(s). The recommendation(s) of the committee are also communicated to the respondent in writing, following the verbal notification at the disciplinary hearing.
  11. The responding student and/or organization are also informed both verbally and in writing of the right to an appeal and are informed of how to pursue the appeal process.
  12. Hearing is adjourned.

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