Disciplinary Hearing
A hearing shall be conducted before a hearing officer or a hearing committee at the
discretion of the Director of Student Conduct.
- A hearing officer is generally an employee of the University who has received training
to act in such capacity. A hearing committee may include employees and/or students
of the University. Please note that the majority of hearings are conducted by an individual hearing officer
rather than a hearing committee. A hearing officer will follow the same hearing procedures
as a hearing committee in a condensed and non-scripted format as described below.
- A University Committee on Discipline (UCD) hearing committee shall consist of three
members, including one student, one faculty member, and one staff member, with the
committee selecting either the faculty or staff member to preside as the committee
chair.
- The UCD shall be selected by the Director of Student Conduct from a hearing committee
list containing names of at least five students, five faculty, and five staff members.
- No UCD hearing shall be held unless all three members of the hearing committee are
present. If any member of a hearing committee is unable to be present or should request
to be excused from serving for any good cause, another committee member shall be selected
from the hearing committee list and/or the hearing postponed.
- The decision of the UCD will serve as a recommendation to be approved by the Director
of Student Conduct or the Dean of Student Life.
- The hearing officer or committee’s presiding chair, in consultation with any other
members, shall maintain necessary order and shall make all rulings necessary for the
fair, orderly, and expeditious conduct of the hearing. The hearing officer or committee
may question all witnesses. When it appears necessary to avoid undue hardship, the
hearing officer may, at his/her discretion, grant a reasonable continuance of the
hearing.
- At the hearing, the Director of Student Conduct and the charged student may present
and question witnesses, present other evidence, and question other witnesses. The
student charged with a violation may respond to the charges but shall not be ordered
to respond by the hearing officer or committee, nor shall failure to respond be considered
an admission of responsibility. The burden of proving that the student has committed
the violation(s) as charged shall be upon the University.
- The decision of the hearing officer or committee shall be based solely upon matters
presented and introduced at the hearing and must be based upon a preponderance of
the evidence. A committee decision shall be made by majority vote.
- The hearing officer or committee shall make a finding as to whether the student has
committed only the violation(s) as charged. If the hearing officer or committee finds
that the student has committed the violation(s), the hearing officer or committee
shall, after review of any disciplinary record the student may have, require one or
a combination of the disciplinary sanctions enumerated under this code.
- Within ten University business days after the conclusion of the hearing, the Office
of Student Conduct shall render a written decision of the hearing and outline any
sanctions imposed.
- If the student fails to attend the hearing after proper notification by the Office
of Student Conduct, the hearing will proceed and a decision may be made in his or
her absence. Or if the accused student withdraws from the institution prior to the
adjudication of his/her case and the former student chooses not to appear, the hearing
will proceed and a decision may be made in his or her absence. A representative may
not appear in lieu of the charged student.
- When an extension of time appears necessary to avoid undue hardship, the hearing officer
or committee may extend the time to enable a student to respond to an accusation or
prepare a response.