7. University Hearing Board
7.1 A Hearing Board shall be composed of five students appointed by the Student Government Association, two faculty members appointed by the Faculty Senate, and two staff members appointed by the Staff Council.
7.2 There will be five alternates: three appointed by the Student Government Association, one appointed by the Faculty Senate, and one appointed by the Staff Council.
7.3 A quorum shall consist of five persons, at least three of which shall be students and one shall be faculty or staff.
7.4 The Chair will be selected by the board members from the student members, to serve for an academic year.
7.5 The Dean of students may remove a board member for justifiable cause. A board member may appeal his removal to the Student Disciplinary Code Review and Standards Committee.
7.6 If a board member resigns, cannot serve, or is removed from office, the Dean of students will select one of the alternates to fill the vacancy.
8. Hearing Procedures
The following procedural guidelines shall be applicable in disciplinary hearings:
8.1 Three class days prior to the hearing, the assistant Dean will make available, to the respondents, copies of documents relevant to the case and a list of witnesses and a summary of their expected testimony.
8.2 The respondent is entitled to an advisor, who may be an attorney, but who sits in an advisory capacity and who addresses the board only upon permission from the Chair. Respondents who wish to have an attorney attend the hearing as their advisor shall notify the Assistant Dean of the attorney's name and phone number three class days prior to the hearing. Advisors may not appear in lieu of respondents.
8.3 In the event that the University chooses to proceed through legal counsel, the respondent will be notified three class days prior to the hearing and shall also have the right to proceed through counsel. Counsel may not appear in lieu of the respondent.
8.4 Hearings will be closed to the public except when the respondent requests an open hearing. This request must be made in writing to the Assistant Dean at least three class days prior to the hearing.
8.5 If a respondent fails to appear, the hearing may proceed without him/her.
8.6 The Assistant Dean or his designate may present the case for the University or the complainant.
8.7 Prospective witnesses, other than the complainant and respondent, may be excluded from the hearing during the testimony of other witnesses. All participants shall be excluded during board deliberations.
8.8 The hearing will be held in two parts:
- Determination of violation;
- Determination of sanction.
8.9 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 excluded from the proceedings.
8.10 Any party may challenge a board member on the ground of personal bias. Board members may be disqualified upon a majority vote of the remaining members of the board, conducted by secret ballot.
8.11 The burden of proof shall be on the complainant or University, whichever is applicable, to prove the case by a preponderance of the evidence.
8.12 The Chair shall determine what evidence is admissible. Formal rules of evidence shall not apply.
8.13 Respondent, complainant, and board members may examine the written evidence offered and may question all witnesses.
8.14 Respondent, complainant, and witnesses may speak on their own behalf; however, they will not be forced to testify against themselves and their silence shall not be used to their detriment.
8.15 Individuals referred to in the statements of respondent, complainant, and witnesses have a right to respond briefly. Individuals wanting to exercise this privilege during the hearing must direct their request in writing or orally to the Assistant Dean of Students in attendance who shall notify the hearing Chair. The hearing Chair shall determine the length of the response and when it shall be heard during the hearing.
8.16 At the conclusion of the presentations, the board shall deliberate in closed session. After deliberation and a vote, the decision of the board will be announced to the participants.
8.17 The board may hear evidence concerning the appropriate sanction if the respondent is found to have violated a student life policy. The board may consider the respondent's prior disciplinary record only in order to recommend an appropriate sanction.
8.18 Decisions by the board shall be by majority vote. In the event of a tie, the Chair will vote to break the tie.
8.19 Hearings will be tape recorded and, upon request, the respondent will be afforded the opportunity to listen to and review the tapes in preparation for an appeal.
8.20 The board's recommendation will be forwarded to the Assistant Dean for further action. The assistant Dean will advise the respondent of his decision in writing within seven days of the hearing and, at the same time, will make a copy thereof available to the respondent in the Dean of Students Office.