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4. Hearing Procedures

The hearing provides a forum where all the information and documents can be presented, where questions can be asked of all parties, and where the Hearing Panel can deliberate and decide to the standard of “more likely than not” that a violation of the Student Code of Conduct did, or did not, occur. Formal rules of process, procedure, and technical rules of evidence — such as are applied in criminal or civil court — do not apply to student conduct proceedings. Deviations from prescribed procedures will not necessarily invalidate a decision or proceeding unless significant prejudice to the student or the university may result.

To protect the privacy of all parties and in accordance with FERPA (Family Educational Rights and Privacy Act), all hearings will be closed. The respondent and complainant can present witnesses, who may be questioned by the Hearing Panel. Questioning by the complainant or the respondent is permitted so long as it is relevant and is not threatening or harassing.

Only relevant questions may be asked of either participant during the hearing. Questions will be reviewed for relevance by the hearing panel chair before the question is answered. The Hearing Panel may, in its discretion, exclude information or questions of the participant’s sexual history from discussion during the hearing. The past sexual history of the complainant with persons other than the respondent is irrelevant.

The hearing (excluding the deliberations) will be audio recorded. The recordings are the property of the university. Others will not be allowed to make a recording of any type. The university is not responsible for equipment malfunctions. Requests to review audio recordings may be made to the Dean of Students office.

If the respondent or complainant elects not to appear for the hearing, the hearing will be held in their absence. If the respondent, complainant, or witnesses do not attend or participate in answering relevant questions at the hearing, the panel must not consider any of the participant’s statements when determining responsibility; however, the panel cannot assume responsibility based solely on the participant’s or witness’s refusal to participate or answer questions.

The complainant and respondent remain present throughout the hearing. Witnesses will be present only during the time they are sharing information and being asked questions. It is preferred all witnesses be present in person; however, if a witness cannot be present for the hearing, arrangements can be made for a witness to participate via phone or other electronic means as long as adequate notice is provided.

At the conclusion of the hearing, all parties will be dismissed except for the Hearing Panel so they may deliberate and reach a decision.

Conduct history is not relevant in determining responsibility but can be used as information in determining an appropriate sanction. A student’s conduct history will be available to the Hearing Panel if the respondent is found responsible.

The order of presentation at the hearing will be as follows:

  1. Introductions and reading of allegations.
  2. Opening statements may be presented to the Hearing Panel. Procedurally, the complainant is provided the opportunity to present first, followed by the respondent.
  3. If relevant, the university investigator will present the investigation report and answer related questions.
  4. The complainant will present information, call witnesses, and answer questions from the Hearing Panel and other participants.
  5. The respondent will present information, call witnesses, and answer questions from the Hearing Penal and other participants.
  6. Closing statements may be presented to the Hearing Panel. Procedurally, the complainant is provided the opportunity to present first, followed by the respondent.
  7. All participants are dismissed for Hearing Panel deliberation.

The Hearing Panel may accommodate concerns for the personal safety, well-being, or fears of confronting the complainant, respondent, or other witnesses. Procedures or the hearing environment may be modified as determined by the Dean of Students or the Vice President for Student Success and Human Resources.