Page 16 - codeofconduct

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10.5 
If a respondent fails to appear, the University Hearing Board will decide the
case in the charged student’s absence.
10.6 
The Hearing Officer or designee may present the case for the University or the
complainant.
10.7 
Prospective witnesses, other than the complainant and respondent, will be
excluded from the hearing during the testimony of other witnesses. All participants
shall be excluded during Board deliberations.
10.8 
The hearing will be held in two parts:
a.
Determination of violation.
b.
Determination of sanction; if a finding of “in violation” is determined.
10.9 
The Chair will exercise control over the proceedings. Any person disrupting a
hearing or who fails to adhere to the rulings of the Chair may be removed or excluded
from the proceedings.
10.10 
Any party may challenge a Board member on the grounds of personal bias.
Board members may be disqualified upon a majority vote of the remaining members
of the Board. Disqualification votes must be conducted by secret ballot.
10.11 
The burden of proof shall be on the complainant or University, whichever is
applicable, to prove the case by a preponderance of the evidence standard.
10.12 
The Chair shall determine what evidence is admissible. Formal rules of
evidence shall not apply.
10.13 
The respondent, the complainant, and/or the Board members may examine
the written evidence offered and may question all witnesses.
10.14 
The respondent will not be forced to testify against himself or herself and
their silence shall not be used to their detriment.
10.15 
Individuals referred to in any written statements or testimony of respondent,
complainant, and/or witnesses may be called as witnesses by the University Hearing
Board. The Chair shall determine the length of any such witness testimony and when
it shall be heard during the hearing.
10.16 
At the conclusion of the presentations, the Board shall deliberate the
violation stage of the proceeding in closed session. After deliberation and a vote, the
decision of the Board will be announced to the participants.
10.17 
The Board may hear evidence concerning sanctioning if the respondent
is found to have violated the Prohibited Conduct Section of the Student Code of
Conduct. The Board may consider the respondent’s prior disciplinary record during
the sanctioning phase of the proceedings in order to recommend the appropriate
sanction(s).
10.18 
Decisions by the Board shall be by majority vote. In the event of a tie, the
Chair will vote to break the tie.
10.19 
Hearings will be recorded and, upon written request, the respondent will be