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Hearing Procedures

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 Development and Conduct).

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 are excused from the hearing room until called for questioning.

E.  Chairperson gives statement of accusations.

1. Accused asked if he/she understands the accusations.
2. Accused accepts or denies responsibility.

F.  Initial presentations:

1. Accuser’s description of incident
2. Accused description of the incident
   (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):
3. a.   Accused may ask questions of the accuser;
   b.   Board members may ask questions of the accuser.
4. a.   Accuser may ask questions of the accused;
   b.   Board members may ask questions of the accused.

G.  Evidence presented by the accuser and accused to the board and one another for review (if applicable).

H.  Accuser’s opportunity to make a statement to respond to the presented evidence.

I.  Accused’s opportunity to make a statement to respond to the presented evidence.

J.  The board may question the accuser and accused on presented evidence.

K.  Accuser's opportunity to call witnesses:

1. Accuser may ask questions of the witnesses;
2. Accused may ask questions of the witnesses;
3. Board members may ask questions.

L.  Accused opportunity to call witnesses:

1. Accused may ask questions of the witnesses;
2. Accuser may ask questions of the witnesses;
3. Board members may ask questions.

Witnesses are excused from the hearing room after their individual testimony. Witnesses may be excused during their testimony if the chair determines they do not have relevant testimony to offer.

Accuser, accused, or Board members may recall witnesses or re-question participants (following same order as previous witness questioning. Once all witnesses have been questioned, all will be excused.)

M.  Final statement of accuser.

N.  Final statement of accused.

Accuser, accused, and their respective advisers leave meeting room.

O.  Board deliberates on responsibility.

*After the board reaches a determination, accuser, and advisors return to meeting room to hear decision on responsibility.

If the accused is found not responsible all are excused and hearing is adjourned. An outcome letter will be sent to the accused within 3-5 business days.

P.  Recommendation on sanction(s) if responsible:

1. Board hears recommendation from accuser regarding a possible sanction(s):
   a.   Accused may respond/make a statement regarding possible sanctions.
   b.   Board may question accused and accuser on the recommended sanction(s).
2. Accuser, accused and their respective advisers are advised that the board will deliberate on sanction recommendations which will be communicated to the Director of Student Development and Conduct, 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, within 3-5 business days. If the board does determine sanction recommendations during the hearing the accused, accuser, and advisors may stay to be informed verbally if they so choose. Otherwise accused, accuser, and advisors are excused and the board reserves the right to adjourn for later deliberations.