A. INCIDENT OCCURS
Conduct or behavior that appears to violate the Code will result in a written report from the University Police Department, Residence Life, or any member of the Campus Community, including fellow students.
B. GATHERING INFORMATION
Cases dealing with non-academic violations of College policies or the Student Code of Conduct are brought to the attention of the Dean of Students Office and the Judicial Affairs Office. Preliminary information is collected from people who have knowledge of the incident, evidence or other information pertinent to the situation.
C. FILING OF CHARGES
The victim of and alleged violation must file a written complaint to obtain a judicial review of the alleged violation. After a complainant form is received, a charge letter is sent to the accused student (s) typically within five (5) business days of receiving a report. The charge letter indicates what charges are being brought against the accused student (s). An appointment will also be made for the accused to meet with the Director of Judicial Affairs. At this meeting the following information will be addressed:
An explanation of the charges will be presented
An explanation of the Judicial Affairs process
The student will be informed of their right to a judicial advocate.
*An advocate can only advise a student regarding how to prepare for a hearing and how one should respond during the hearing. The advocates cannot speak to any other person during a hearing, including the other students, witnesses, hearing board members, or other advocates. Advocates may be removed from a hearing for failing to follow these instructions.*
D. Informal and Formal Resolutions
When the accused student (s) meets with the Director of Judicial Affairs, they have the opportunity to either accept responsibility or choose to have a judicial hearing.
When the accused student (s) accepts responsibility for the charge filed against them, their case can then be resolved informally and the Director of Judicial Affairs will determine the appropriate sanction.
If the accused student (s) does not accept responsibility, the case must be resolved formally and a judicial hearing will be scheduled and heard before the Judicial Board.
In cases of significant and serious violation, informal resolution may not be an option.
E. JUDICIAL HEARING
The judicial hearing board consists of 5-7 members including faculty, staff, and students. The Chair of the board will conduct the Hearing and all participants will be required to follow their instructions.
The accused student (s) will appear before the Judicial Board to discuss the case and answer questions. If several students are involved in a situation, the individuals will each provide their own account of what occurred before the Judicial Board. All judicial hearings are recorded as an official college record. The Judicial Board will use a more likely than not standard to determine the responsibility of the accused. All matters discussed in a judicial hearing are confidential.
F. RIGHT TO ASSISTANCE
The accused student (s) have the right to a Judicial Advocate during their Judicial Hearing. The Judicial Advocate is a member of college faculty or staff, who will advise the accused student (s) of their rights and responsibilities, resources that are available to them, and college judicial procedures preparatory to informal resolution of a judicial hearing.
The accused student (s) has the right to legal counsel, however this will not be provided for them and will be at their own expense. Legal counsel is bound by the same rules and procedures as a college appointed advocate.
G. RIGHT OF APPEAL
As part of the accused student’s right to due process, the accused student (s) has the right to appeal in writing the Judicial Board’s finding of a violation or the Board's designated sanctions.
The following will be considered grounds for appeal:
A procedural error or irregularity which substantively affected the outcome of the judicial process
New evidence that was not available at the time of the hearing and which could have substantial impact on the outcome of the judicial process
Bias on the part of a judicial board member which substantively affected the outcome of the judicial process
Belief that the sanction imposed is not commensurate with the findings of fact established during the hearing process.
The appeal must be made in writing within ten (10) business days of the accused student's receipt of the judicial letter stating the Judicial Board's decision.
After receiving an appeal and reviewing all available information, the Appeals Board may elect to: affirm the finding and the sanction originally determined, affirm the finding and change the sanction, or dismiss the case.
H. STUDENT STATUS PENDING HEARING OR APPEAL
Pending a hearing or appeal, the student involved may continue to have the same rights and privileges accorded other students. However, grades, transcripts, or diplomas shall be withheld pending final determination of charges that could result in suspension or expulsion. In certain circumstances, the College may temporarily limit or suspend a student’s rights and privileges.
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