catalog-handbook - page 32

UndergraduateStudent Codeof Conduct
24
Space will be made available for the advisor to sit with the accused at the
Hearing.
HearingProcedures
1. If an accused student denies responsibility for alleged charge(s), the
hearing will be scheduled within ten (10) business days after it is
requested by the accused student. The accused may request a
continuance from the conduct officer if circumstances are such that a
delay is warranted. The accused student will be notified, in writing, of
thedate, time, and locationof thehearing.
2. All hearings are closed unless the accused student requests an open
hearing in writing. However, the Director of the Office of Community
Standards has the authority tomake the final decision regarding access
of spectators to thehearing to theextent permitted by law.
3. The party charging a violation of the
Student Code of Conduct
has the
right to be informed of hearing procedures and the right to be present
throughout the presentation of witnesses and evidence. The conduct
officer will inform the chargingpartyof these rightsprior to thehearing.
4. The accused student will enter a plea to all charges before the hearing
officer or theHearingPanel.
5. The hearing officer or the Chair of the Hearing Panel will remind the
accused student and each witness presented of the importance of
providing truthful and accurate information during the hearing process.
If awitness fails to tell the truth during conduct proceedings, disciplinary
actionmay result.
6. At the hearing, the conduct officer and/or complainant will present the
evidence and facts of the case to the hearing officer or to the Hearing
Panel. If appropriate, witnesseswill bepresented in support of the case
against theaccused student.
7. The hearing officer or members of the Hearing Panel may question all
witnesses or ask for clarification from the conduct officer or anywitness.
8. The accused student may question all witnesses, at the discretion of
and through the hearing authority. Upon approval by the hearing
authority, witnesses will be asked to answer questions posed by the
accused student.
9. When the case against the accused student has been presented,
opportunitywill be given for the accused tomake a statement regarding
the charges. The hearing officer, members of theHearing Panel, or the
conduct officer may question the accused student if he or she chooses
tomake a statement. The accused student has the option of remaining
silent and is not required to respond to questions from the hearing
authority or the conduct officer. No inference of responsibility will be
drawn from such silence.
10. The accused student will present any information or witnesses in his or
her behalf. Such witnesses are subject to questioning by the
complainant, at thediscretionof thehearing authority.
11. The hearing officer or anymember of theHearing Panel may recall any
witness if clarification isneeded.
12. After hearing both sides of the case, the hearing officer or Hearing
Panel will, in a closed session, deliberate and reach a decision based
upon the preponderance of the information presented. A decision will
indicate findings regarding responsibility for the charge(s) and
appropriate sanctions.
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