Procedure at Hearing
The procedures to be followed at hearings conducted by the Student Conduct Appeals Board are as follow:
(1) All procedural questions and other decisions are subject to the final decision of the Chair of the Board. The Chair shall insure that the proceeding is held in an orderly manner such that the rights of all parties to a full, fair and impartial proceeding that adheres to the Code and any other applicable laws are maintained;
(2) The hearing is a closed proceeding which includes only members of the Board; the advisor to the Board; the Student Conduct Administrator; the Respondent and their advisor(s), if any; and persons requested to provide information at the hearing. Admission of any other person to the hearing is at the discretion of the Board’s chair and subject to the requirement set forth in subsection (4).
(3) The Complainant and the Respondent are neither encouraged nor required to be assisted by an advisor of their choosing at their own expense. The Complainant and Respondent are responsible for presenting all information during the proceedings, and therefore, advisors are not permitted to speak or to participate directly in any proceeding. Proceedings will not be delayed due to the scheduling conflicts of an advisor.
(4) There will be a single verbatim sound recording of the hearing, and the record shall be on file with the Vice President for Student Affairs and is the property of the College.
(5) The Respondent’s failure to cooperate with or attend a hearing shall not preclude the Board from proceeding and making a final determination or denying the appeal.
(6) Only those materials and information presented at the proceeding will be considered. The Chair may exclude or limit incompetent, irrelevant, or unduly repetitious information.
(7) Any person disruptive of the proceeding shall be duly warned and subsequently may be excluded from the hearing by the Chair. Any student engaging in such interference shall be in violation of the Student Conduct Code.
(8) The Chair is authorized to take reasonable measures to maintain control over the proceedings in order to elicit relevant facts, to prevent the mistreatment of participants, to insure that proceedings are not disrupted and the interests of fairness are served. This may include regulating the timing, length and manner of presentations, declaring recesses in the proceedings, and taking other appropriate actions.
(9)As required by the Jeanne Cleary Disclosure of Campus Security Policy and Campus Crime Statistics Act, 20 USC 1092(f), if a complaint alleges facts that would, if proven, constitute a sex offense for purposes of the Cleary Act:
(a) The complainant may be present during the proceedings and is entitled to the same opportunities as provided to the Respondent to have others present during the proceedings; and (b) the complainant is to be informed of the final determination with respect to the alleged offense and any sanction imposed against the Respondent.
(10) Only members of the Appeal Board and the advisor to the Board shall be present for deliberations. Deliberations are not recorded. During deliberations the Board shall consider all the information presented and decide by majority vote whether it is more likely than not that the Respondent is responsible for violating each section of the Code the Respondent is charged with violating and/or what resolution and sanction(s)to impose.