Student Conduct Board Hearing Procedures
Hearing Procedures for the Student Conduct Process1
All hearing participants are brought into the Board meeting room.
A. Chairperson invites all present to introduce themselves.
B. Chairperson explains philosophy of peer judgment and Board procedures (a copy of this statement is available from the Department of Student Rights and Community Standards).
C. Chairperson gives statement of the student's rights to fairness under this process:
1. To bring one adviser of the accused/accuser's choice from the University community to provide passive assistance during the hearing (the adviser may not serve as a witness)
2. To present witnesses on their own behalf
3. To question witnesses appearing against them
4. To submit verbal arguments
5. To remain silent and not testify against themselves. The accused/accuser should remember that if they remain silent, the Board is compelled to hear the case and render a decision based upon the evidence presented.
D. Witnesses leave the room
E. Chairperson gives statement of accusations
1. The accused is asked if sh/e understands the accusations
2. The accused accepts or denies responsibility
F. Initial presentations: In the event that there is more than one accused, the Board may bring them into the hearing room either individually or as a group for descriptions of the incident in alphabetical order; this system shall prevail throughout the remainder of the hearing procedures.
1. The accuser offers their description of incident
2. The accused offers their description of the incident
3. The accused may ask questions of the accuser
4. Board members may ask questions of the accuser
5. The accuser may ask questions of the accused
6. Board members may ask questions of the accused
G. Witnesses for the accuser may be called
1. The accuser may ask questions of the witness
2. The accused may ask questions of the witness
3. Board members may ask questions of the witness
4. Witness is excused from the hearing room (but retained outside for possible recall)
H. Witnesses for the accused may be called
1. The accused may ask questions of the witness
2. The accuser may ask questions of the witness
3. Board members may ask questions of the witness
4. Witness is excused from the hearing room (but retained outside for possible recall through Step M.)
I. The accuser, the accused, or Board members may recall witnesses or re-question the accuser or accused (following same order as previous witness questioning).
J. Final statement of accuser (no new testimony)
K. Final statement of accused (no new testimony)
L. Accuser, accused, and their respective advisers leave hearing room, but remain outside.
M. Board deliberates on responsibility. After the board reaches a determination any remaining witnesses in the waiting area are excused. The accused, the accuser, and advisers are called back into the hearing room to hear the decision on responsibility.
N. If the accused is found not responsible for all charges, all are excused and hearing is adjourned. An outcome notification (via Brandeis e-mail) will be sent to the accused, usually within 3-5 business days.
O. If the accused is found responsible for one or more charges, recommendations and questions on
sanction(s) are heard.
1. The Board hears recommendations from the accuser regarding a possible sanction(s)
a. The accused may question the accuser and/or make a statement regarding recommended sanction(s)
b. The accuser may question the accused on the recommended sanction(s)
c. The Board may question the accused and the accuser on the recommended sanction(s)
2. The accuser, the accused and their respective advisers are informed that the Board will deliberate on sanction recommendations which will be communicated to the Director of Student Rights and Community Standards, Associate Dean of Student Life and/or Dean of Student Life. Final sanction determinations will be communicated in writing to the accused, and in some cases to the accuser, usually within 3-5 business days. The accused, the accuser, and advisers are excused and the Board reserves the right to adjourn for later deliberations.
P. The Board deliberates on sanction recommendations.
1. The Board is advised of past conduct involvement of the accused, if any, by the Hearing Administrator.
2. The Hearing Administrator will record the Board's recommendations, which will be reviewed by the appropriate administrator. Appeal procedures will be addressed in the final outcome letter to the accused and, in some cases, the accuser.
1 Hearing procedures may differ in cases involving allegations of sexual misconduct, sexual harassment or sex discrimination in accordance with Title IX.