University Student Handbook

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Conduct Hearing Procedures

The dynamics of a student conduct hearing in a University setting are not the same as those of a courtroom. Strict adherence to the conventions of courtroom advocacy may not be in the best interest of students in university student conduct proceedings. The panel chair and/or the Dean are authorized to take reasonable measures to maintain control over the proceedings in order to elicit relevant facts, to prevent the harassment of participants, to ensure that proceedings are not disrupted, and the interests of fairness are served. This may include regulating the timing, length and manner of presentations and objections, declaring recesses in the proceedings, and other appropriate actions.

The following procedural guidelines shall be applicable in student conduct hearings:

  1. Students shall be provided for their review at the hearing a copy of the Violation Report/Incident Report, which shall include the specific charges against them and a description of the alleged activities.  Violation Report/Incident Reports may not be taken at the conclusion of the hearing.
  2. Students shall also receive notice of the hearing date, time and location. Students shall receive this notification at least three (3) days in advance. The notification will be sent by e-mail to their official UJ email address. Requests to reschedule for extenuating circumstances are not guaranteed; requests must be made in writing a minimum of 24-hours prior to the hearing.  They shall be submitted directly to the Dean of Students.  Hearings cannot be rescheduled for conflicts of a support person.;
  3. The hearing will provide the student(s) charged and the person(s) making the referral with an opportunity to present testimony and witnesses or witness statements on their own behalf. Both parties also shall have the right to hear and challenge adverse testimony or witnesses thru the panel.
  4. A hearing will be held following proper notice to the student(s) and a decision will be reached regardless of whether all affected parties are present.
  5. Withdrawal from the University after a violation report has been filed does not excuse the student from the hearing. Students who fail to appear after proper notice may be deemed to have pleaded responsible to the charges pending against them.
  6. Hearings will be closed to the public. An open hearing may be held, at the discretion of the Dean, with the agreement of both the person making the referral and the student being referred. Hearings are considered confidential.
  7. The conduct chair or chairperson of committee shall exercise control over the hearing to avoid needless consumption of time, to maintain order, and to prevent the harassment or intimidation of witnesses. Any person who disrupts a hearing or who fails to adhere to the rulings of the chairperson of the hearing panel may be excluded from the hearing.
  8. Hearings may be recorded or transcribed. Any tapes or verbatim transcripts of matters arising under this system shall be retained in the custody of the Dean for a minimum of three working days or until after the appeal has been heard, if one has been granted. If a recording or transcript is not made, the decision of the hearing panel must include a summary of the testimony and shall be sufficiently detailed to permit appropriate review of all essential matters in the event that an appeal is filed. Involved parties may review the tape of a hearing after written request to the Dean.
  9. Prior to the beginning of a hearing, any party to a case may challenge to the chairperson of committee a member of the hearing panel on the grounds of personal bias. If the hearing is being conducted by a single conduct chairperson, the individual may challenge to the Vice President for Student Affairs/Dean of Students. Panel members may be disqualified upon determination by the Chair/VP/Dean that a disqualifying factor exists.
  10. Witnesses shall be asked to affirm that their testimony is truthful and students may be subject to charges of falsification of information under this Code.
  11. Prospective witnesses may be excluded from the hearing during the testimony of other witnesses. All parties, the witnesses, and the public shall be excluded during panel deliberation.
  12. It must be established that it is more likely than not that the referred student has violated the UJ Standards of Conduct.
  13. Formal rules of evidence applicable in courts of law shall not govern student conduct proceedings under this system. The conduct chair/committee may give consideration to the rules of confidentiality and privilege, but shall otherwise admit all relevant matters as information which reasonable persons would accept as having value in the conduct of their personal affairs. Unduly repetitious or irrelevant testimony may be excluded.
  14. The student(s) charged and the person(s) making the referral have an opportunity to question all witnesses through the chairperson/committee.
  15. In considering testimony, the conduct chair and/or committee members may consider matters which fall within general experience and which have relevance to the matters under consideration.
  16. Students referred for violations of the UJ Standards of Conduct will ordinarily be provided a hearing within twenty (20) class days of the violation report being filed. The hearing will be scheduled within three weeks from the date of the incident whenever possible; extenuating circumstance (semester breaks, etc.) may require extended timelines.
  17. Support Person: Any individual accompanying a Complainant or Respondent in the judicial process for personal and emotional support. A Support Person may be present, but may not serve as a witness (and a witness may not serve as a Support Person), and may not speak on behalf of the Complainant or Respondent, or otherwise interrupt the proceedings at any point. An attorney may appear as a support person as long as they are not acting in the role of an attorney. For example, if either the Complainant or Respondent has a family member or close friend who is employed as an attorney, that person will not be barred from appearing as a support person simply because of their occupation. If an attorney is a support person, the attorney must serve as a Support Person in the same capacity as a non-attorney. Each party may have only one Support Person. Any Support Person who violates their role or acts outside of these guidelines may be directed to resign as the Support Person.
  18. Legal counsel, parents or legal guardians of the student referred or the person making the referral are not permitted to attend the hearings. In the event of a hearing involving a serious conduct violation involving potential Clery Act crimes including but not limited to VAWA or hate crimes, legal counsel would be permitted to attend but may not participate or interfere with the hearing proceedings, but can provide moral support for the parties affected.
  19. If a student(s) has been found responsible for violating the UJ Standards of Conduct, an additional phase of the hearing process will be included, (not necessarily occurring at the same hearing date or time) in which either party may make statements concerning the impact of the violation and/or the appropriate sanction to be imposed. During this sanctioning phase, the referred student may present character references or statements to testify in his or her behalf. Such testimony is limited to the referred student’s background and character, rather than the incident in which the student was involved. All such testimony is heard prior to the deliberation on a sanction. The sanctioning phase shall ordinarily take place immediately following the panel’s determination that a violation has occurred.
  20. Final decisions of all student conduct committees shall be by majority vote of the members present and voting. A tie vote will result in a student being found not responsible of violating University regulations. A tie vote in an appellate proceeding will result in an affirmation of the original decision.
  21. A written decision shall be sent to the referred student at his/her local address or by e-mail within a reasonable time. Copies shall be maintained in the Office of Student Affairs.
  22. Student conduct actions will be noted on a student’s transcript in those instances when a student has been expelled or when a student has been suspended for academic dishonesty or event related misconduct.