Pre-Hearing Procedures and Investigation
Prior to a hearing by any of the Committees, the following procedures will be followed:
- Upon receipt by the Vice-President of Student Affairs and/or the designated Residential Life Professional that a case has been referred for adjudication, he/she will appoint a liaison to review the charges.
- The liaison will gather relevant evidence, review all reports, interview pertinent witnesses and report his/her findings to the advisor of the committee assigned to hear the complaint.
- The committee advisor shall inform the accused in writing of the time and date of the hearing, the charges against him/her, the evidence on which the charges are based, and the sanctions which may be applied. The accused will be allowed sufficient time to prepare his/her defense, including, but not limited to, interviewing witnesses and reviewing all evidence available to the investigator or liaison. Sufficient time shall generally be three to five days for Residence Hall Discipline Committee hearings, five to seven days for Student Discipline Committee hearings, and seven to ten days for Student-Faculty Discipline Committee hearings. For good cause shown, additional time may be allowed by the Vice-President of Student Affairs. At the conclusion of the trimester, the Hall Director may handle cases administratively and notify students of the outcome. Upon receipt of notification, students have the right to request a full hearing, either administratively or by the appropriate committee.
Committee Hearing Procedures
- All proceedings will be taped.
- The case will be heard if the student fails to appear for the hearing. A "not in violation" plea will be entered on the student's behalf.
- The Committee chairperson will introduce those present (i .e., committee members, advisor, liaison, accused, and complainant).
- The complainant, if any, and the accused shall be entitled to representation or other assistance in the presentation of his/her case. In as much as the discipline hearing is not a Court of Law, any such representative will not be allowed to cross-examine witnesses, introduce evidence, or make opening or closing statements.
- The chairperson of the committee will request the liaison to read the charges.
- The chairperson will ask the accused how he/she pleads (i .e.. "in violation," "not in violation") to the charges as read. If the accused pleads "in violation," the Committee may call for evidence or may consider the sanctions to be imposed. If the accused pleads "not in violation," the chairperson will call for the evidence to be presented to the Committee. Witnesses other than the accused and the complainant will be excluded from the hearing except while testifying.
- The liaison will present the evidence to the Committee, including presentation of the witnesses and the complainant's statement. The accused or the complainant will be entitled to ask witnesses questions that are relevant and material to the proceedings. Members of the Committee shall also be allowed to question the witnesses.
- Upon completion of the presentation of evidence by the liaison, the chairperson shall then ask the accused to present any evidence he/she has, including, but not limited to, calling witnesses. Members of the Committee, including the liaison, will be entitled to ask questions of the witnesses presented by the accused that are relevant and material to the proceedings.
- The liaison will then have the opportunity to present rebuttal witnesses and evidence. The witnesses may be asked questions relevant or material to the proceedings by the accused or members of the Committee.
- The chairperson will invite closing comments from the accused (and the complainant when appropriate).
- Upon completion of the closing statements, the hearing will be closed and the Committee will retire to discuss the case and make a determination on whether or not the accused has committed the violation(s) as charged. If the Committee determines that the accused has committed a violation, the Committee shall decide upon appropriate sanctions.
- The accused will be recalled, and the chairperson shall disclose the decision of the Committee.
- If the student is found to have committed the violation, the chairperson will explain the appeal procedure to him/her.Enter the body content of the page.