What Happens Before the Hearing?
Upon receiving notice of an alleged violation, the appropriate Hearing Officer or Moderator shall notify the respondent via University email. The process of the hearing will be outlined in the notice. In addition, in the case of a CSB hearing, a pre-hearing meeting will be scheduled. In order to schedule a hearing, class schedules are reviewed to find a common available time. Students are expected to attend their hearings or to forfeit the opportunity to provide information orally. The respondent’s failure to attend the hearing does not limit the Hearing Officer, PRB, or CSB from making a decision based upon available information. If a student misses a hearing due to an emergency, it is the student’s responsibility to contact the Hearing Officer or Moderator within 24 hours after the scheduled hearing. No student may be found to have violated the Community Standards solely because the student failed to appear.
What are the Hearing Procedures?
The Community Standards process is designed to encourage open discussion among the participants that promotes the understanding of the facts, the individuals involved, the circumstances under which the incident occurred, and the nature of the conduct. However, during the hearing, accommodations such as providing separate facilities, to ensure the personal safety and well-being of the complainant, respondent, and/or other witnesses, may be employed. Hearings shall be private.
Community Standards proceedings are not criminal or civil proceedings, but rather, internal administrative determinations of violations of institutional policy. Civil or criminal rules of procedure and evidence do not apply. The Vice President for Student Life or designee shall make the final determination on the appropriateness of non-institutional information (i.e. polygraph test results, drug test results). Information, including hearsay, may be considered if material to the issue, not unduly repetitious, and the sort of information on which responsible persons are accustomed to rely in the conduct of serious affairs.
After receiving information at the hearing, the Hearing Officer, Peer Review Board, or Community Standards Board shall determine, as to each respondent and as to each potential violation of the Community Standards, whether the respondent(s) is responsible for violating the Community Standards. The Hearing Officer, PRB, or CSB evaluates the information received and considers credibility of information and witnesses when determining if the Community Standards were violated. This determination shall be based upon the facts of the conduct alleged, and whether it is more likely than not that the student is responsible for the alleged violation(s). Subsequent reviewers shall not determine anew whether there was a Community Standards violation.
Things to Keep in Mind:
• The Hearing Officer/Board will be respectful to you as a fellow member of the community and will expect that you conduct yourself respectfully as well. Dress appropriately for your hearing as a signal of your seriousness and maturity. Also, be sure to show up on time for the hearing.
• Do your homework before the hearing. Learn about the Community Standards process itself. Consult with a Community Standards Advisor if needed.
• Visit the Hearing Officer/Board Moderator prior to the hearing to review the incident report. Don’t be afraid to ask questions if you are unsure of something or need clarification.
• You are able to present pertinent evidence and testimony of witnesses to substantiate your case. If you are thinking about bringing a witness to the hearing, let your Board Moderator or Hearing Officer know.
• Remember, the hearing is your opportunity to share your experience with regard to the incident report. It is important to be honest and mature throughout the conversation.
