Procedures for Formal Hearing

In any case where the accused student disputes the facts upon which the charges are based and elects the formal hearing as the decision-making approach or refuses to execute a written waiver of a hearing, such charges will be heard and determined by the ADP Council Community Standards Sub-Committee. The Sub-Committee shall be comprised of at least three individuals, one of whom will chair the hearing.

This sub-committee will not be responsible for hearing, investigating or making determinations in an incident of sexual harassment, assault, and stalking and/or interpersonal violence. Those cases in particular will be heard by a University Grievance Review Board trained in trauma-informed response and equipped to review such reports.

A student who elects to pursue a disciplinary hearing who is accused of a disciplinary violation shall receive a written notice specifying the alleged violation(s) as well as the date, time, and place of the hearing. This notice will be given at least two (2) business days in advance of the hearing. If a student who has received appropriate notice fails to appear before a sub-committee, evidence in support of the violation may be presented and considered even if the student is not present.

Student Rights: The responding student (respondent) may examine relevant incident reports as well as other pertinent evidence. Students who have been the victim of a violation of the University Code of Conduct have the right to submit their complaint to a University official as well as a statement of personal impact to the hearing officer/body. Both students have the right to be kept informed of the status of the proceedings and to have the presence of a non-attorney support person during a hearing and all interviews.

Hearing Procedures:

The hearing shall be conducted in private. The Chair of the Sub-Committee will admit relevant witnesses. Confidentiality and privacy will be maintained subject to legal requirements to disclose final hearing outcomes.
There shall be a single verbatim record of all proceedings before a hearing board. Deliberations shall not be recorded. The record shall be the property of the University.
In hearings involving more than one respondent, the hearing officer or chair of the hearing body may permit the hearings to be conducted either separately or jointly.
The evidence against the respondent shall be presented by a person designated by the Dean of the School of Graduate & Professional Studies.
The respondent shall have the right to appear in person at the hearing, to be fully informed of and to challenge the charge(s) and evidence, to address witness statements, to present relevant witnesses and evidence on his or her behalf, and to remain silent. The respondent also has the right to support services such as counseling and health services, and the option of a support person of their choice.
The victim shall have the right to be accompanied by a support person of their choice. The support person may attend the hearing but may not speak or otherwise participate. Because these are University disciplinary procedures and not legal proceedings, attorneys may not serve as support people in this role. The victim also has the right to support services such as counseling and health services, possible accommodations in location, parking, and/or classes if possible and applicable for personal safety.
The hearing officer or members of the hearing body may question the respondent, the victim, and/or witnesses.
Formal rules of process, procedure, and/or technical rules of evidence, such as are applied in civil or criminal court, are not used in University disciplinary hearings.
All procedural issues (e.g., testimony or evidence to be admitted or excluded, questioning of witnesses, conduct of the hearing, etc.) shall be subject to the final decision of the Chair of the sub-committee.
The hearing may be adjourned by the Chair at any time. The hearing may be rescheduled for consideration of further evidence or to allow more adequate time for deliberation.
Lying by the respondent or evidence produced at a hearing that the respondent may have violated another University rule or standard may be treated as a separate disciplinary violation.
After hearing all evidence and witnesses, the hearing officer or body shall determine whether the respondent is responsible for each disciplinary violation with which he or she is charged. The determination shall be made on the basis of the preponderance of the credible evidence (defined as whether it is more likely than not that the respondent is responsible for the violation).

Decision: Within seven working days of the conclusion of the hearing, the respondent will be provided with the written decision of the ADP Council Community Standards Sub-Committee. The decision will include a statement of outcomes including findings of fact and any sanctions imposed, as well as the applicable appeal procedure. In compliance with federal law, the victim will be provided with a limited notice of outcome (containing the name of the student found responsible, the violation committed, and the sanction imposed) only in the case of a crime of violence or nonforcible sex offense.

Both students have an opportunity to appeal the decision; one or more of the following appeal criteria must be cited in order for the appeal to be considered:

A procedural error or irregularity materially affected the decision of the hearing officer/body
Previously unavailable evidence is produced
The outcomes issued are too severe or too lenient in relation to the violation