5.1.5

Although procedural requirements in the disciplinary process are not as formal as those existing in a court of law, the following procedures generally apply:

  1. The accused student may have a person present to advise him or her in all discipline interviews, meetings and/or hearings. The advisor may only counsel the student but cannot actively participate in the interview or hearing, unless clarification is needed as determined by a Hearing Officer or the hearing panel chairperson, as applicable.
  2. In Title IX cases, the complainant may have a person present to advise him or her in all interviews, meetings and/or hearings. The advisor may only counsel the student but cannot actively participate in the interview or hearing, unless clarification is needed as determined by a Hearing Officer or the hearing panel chairperson, as applicable.
  3. At the discretion of the Hearing Officer or panel chair- person, as applicable, certain witnesses may also have one advisor present at a witness interview with the Hearing Officer or at a discipline panel hearing during the witness’ interview. The advisor of the witnesses may not actively participate in the process and may only speak to the witness.
  4. Administrative meetings with a Hearing Officer and discipline panel hearings before a discipline panel are restricted to those directly involved in the proceeding. Admission of any person to the meeting and/or hearing shall be at the discretion of the Hearing Officer and/or panel chairperson. The Hearing Officer and/or panel chairperson may take reasonable measures to ensure an orderly process, including removal of persons who impede or disrupt proceedings.
  5. In the informal administrative process, the accused student may submit a written statement, and may ask wit- nesses to speak to the Hearing Officer on the accused’s behalf before the Hearing Officer determines the outcome of the complaint. In the formal discipline process, the accused student may submit a written statement, may invite witness to attend the panel hearing on the accused’s behalf, may ask questions of witnesses called by themselves or others at the discretion of the panel chairperson, and will be notified of witnesses to be called. In order to ensure the orderly administration of the hearing process, the investigating Hearing Officer should be notified at least 24 hours prior to a scheduled hearing of any witnesses the accused student plans to ask to attend. The University may present witnesses as well as question those presented bythe accused student. “Character witnesses” will not be permitted unless they have information directly related to the Code charges under consideration.
  6. Pertinent records, exhibits, and written statements may be accepted as information for consideration by a Hearing Officer or discipline panel at the discretion of the Hearing Officer or panel chairperson, respectively, for example, signed witness statements are admissible in the event that the witness may not be physically present at the panel hearing. Polygraph examinations and results are at no time admissible in the University’s discipline process.
  7. All procedural questions are subject to the final decision of the Hearing Officer or panel chairperson, as applicable.
  8. University notification of the time and location of a formal discipline panel hearing will be given to the accused student no fewer than seven (7) calendar days prior to the hearing. Should a student accused of violating the Code fail to attend his or her discipline panel hearing, the case may be heard and decided in his or her absence.
  9. In the instance of the informal administrative process the Hearing Officer shall determine whether the student has violated each section of the Code which the student is accused of violating. Should the student be found in violation of one or more sections of the Code, the Hearing Officer will determine the appropriate educational discipline sanction to be imposed against the student. After a formal hearing before a discipline panel, the discipline panel, in closed session, shall determine by majority vote whether the student has violated each section of the Code which the student is accused of violating. Should the student be found in violation of one or more sections of the Code, the discipline panel will then deliberate and decide upon an appropriate educational discipline sanction to be imposed against the student. In the event of a panel hearing, the existence of a past and/or current sanction will not be shared with the panel until such time as a finding that the student is in violation of the Code has been made.
  10. The accused student will be notified in writing of the outcome of his or her panel hearing within seven (7) days following the conclusion of the hearing. At the discretion of the panel chairperson, the student may be notified verbally of the panel hearing outcome prior 
to the receipt of written notification. In cases alleging sexual harassment, the complaining party will also be notified of the outcome. The University may disclose to a harassed student the sanctions imposed upon a student found to have engaged in harassment so long as the sanctions directly relate to the harassed student. A student found to have violated the Code may appeal the outcome of any hearing under the terms and procedures to be followed for appeals, as set forth in 5.4 below. A party complaining of sexual harassment may also appeal the outcome of a hearing under the procedures to be followed for appeals, as set forth in 5.4 below.
  11. The Hearing Officer’s or discipline panel’s determination of “in violation” or “not in violation” of the Code shall be determined based on the “greater weight of the information,” that is to say, whether it is more likely than not that the accused student violated the Code.