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ARTICLE XI: PROCEEDINGS
1. Investigation
a. A complaint alleging that a student has violated
the Student Code shall be directed to the Coordinator of University
Student Discipline. Any complaint should be submitted as soon as
possible after the event takes place.
b. A complaint is not necessary for the Coordinator
to determine that charges should be initiated.
c. The Coordinator shall investigate
each complaint filed and determine whether or not charges should be
brought.
2. Conference
Except when the student refuses to
cooperate, the Coordinator shall hold a conference with the student to
obtain his or her response to the alleged misconduct and to determine
whether the allegations of misconduct have merit and if they may be
disposed of informally by mutual consent of the student charged and the
Coordinator. The student may have another person present to observe and
consult with. If the campus has elected to exclude attorneys from this
part of the proceedings, the Coordinator holding the conference shall
not be an attorney. In addition to the sanctions listed in Article VI,
an agreement reached during this conference may include voluntary
actions by the student charged including' but not limited to work
assignments, service to a campus, obtaining psychological counseling or
compensation for loss, damage or injury.
3. Notice of Hearing
a. If the allegations of misconduct have not been
resolved by conference as provided in Section 2 of this Article and the
Coordinator of University Student Discipline determines that formal
disciplinary action should be taken, the Coordinator of University
Student Discipline shall initiate the disciplinary action process by a
written Notice of Hearing served in person or served by certified mail
return receipt requested to the student charged at the last known
address on campus records.
b. The Notice of Hearing shall include the following:
1. A statement of the specific
subdivisions of the Student Code which the student is being charged
with violating.
2. A factual description of the
conduct upon which the charges are based.
3. A recommended sanction and
notification that the hearing officer is not bound by the recommended
sanction and may impose a more severe sanction than recommended
by the campus.
4. The date, time and place of the
hearing.
5. The office at the campus where
additional information regarding the evidence may be obtained.
6. Notification that the student
may be accompanied at the hearing by an advisor of his or her choice,
who may act on his or her behalf. Such notification must state whether
the advisor may be an attorney. If the student's advisor may be an
attorney, notification that the student must inform the Coordinator of
University Student Discipline of the name and address of the student's
attorney at least five (5) days prior to the hearing.
7. Notification that the student charged may elect
to waive his or her right to hearing by accepting the recommended
sanction.
8. Such information as notice of an immediate
suspension and/or withdrawal of consent to remain on campus where such
action is appropriate.
9. A copy of these procedures or notification of
where the student may obtain a copy without charge. If consent to
remain on campus has been withdrawn from the student at the time the
Notice of Hearing is sent, a copy of these procedures shall be
enclosed with the notice.
c. The Notice of Hearing shall be
served on the student at least ten (10) working days prior to the
hearing. If all parties agree, the ten day period may be waived.
d. The charges stated in the Notice of Hearing may be
amended at any time. If the amendment would require the student to
prepare a defense which is different from that required by the prior
Notice of Hearing, any hearing which has been scheduled shall upon
request be postponed for a reasonable time. If the charges are amended
after a hearing has commenced, the Hearing Officer may postpone the
hearing for a reasonable period of time.
4. Hearing
a. All hearings held under these procedures shall be
conducted according to the following:
1) Hearings shall be closed to all persons other
than the person conducting the hearing, the student charged, the
Coordinator of University Student Discipline, a single advisor for the
student charged, a single advisor for the Coordinator of University
Student Discipline, the person designated to record the hearing and
witnesses while they are testifying.
2) The student may be accompanied by one advisor of
his or her choice, who may act on his or her behalf. If the campus has
elected to exclude attorneys from this part of the proceedings, the
advisor may not be an attorney.
3) The Coordinator of University Student Discipline
representing the campus may be accompanied by one advisor of his or
her choice. If the campus has elected to exclude attorneys from this
part of the proceedings, neither the Coordinator representing the
campus at the hearing or the Coordinator's advisor may not be an
attorney.
4) The campus and the student charged shall have the
opportunity of presenting witnesses, subject to the right of cross
examination as well as questioning by the Hearing Officer. If the
student charged elects to testify, he or she shall be subject to cross
examination and questioning by the Hearing Officer.
5) The hearing need not be conducted according to
technical rules relating to evidence and witnesses. Any relevant
evidence shall be admitted if it is the sort of evidence on which
responsible persons are accustomed to rely in the conduct of serious
affairs. No evidence other than that received at the hearing shall be
considered by the Hearing Officer.
6) The Hearing Officer make all rulings on matters
relating to the conduct of the hearing, including matters regarding
admission of evidence. Any evidence deemed relevant by the Hearing
Officer shall be admitted. Unduly repetitious evidence shall be
excluded.
7) A tape recording shall be kept of the hearing.
The student charged may, at his or her own expense, request a copy of
such recording. No tape recording by the student charged or other
persons at the hearing shall be permitted. However, the student
charged may, at his or her own expense, furnish a certified court
reporter provided that the campus shall be permitted to make copies of
the transcript at its own expense.
8) The student charged shall not be found to have
violated the Student Code solely because he or she fails to appear at
the hearing. If the student charged does not appear, the hearing shall
proceed without him or her and a decision shall be rendered on the
evidence presented.
9) Arguments by the student charged or his or her
advisor concerning the legal (as distinguished from factual)
applicability, or legal validity of any provision with which the
student is charged, or of these procedures shall not be addressed to
the Hearing Officer, but to the President in writing within three (3)
working days following the conclusion of the hearing. The President
shall seek advice on the matter from the Office of General Counsel.
Such advice shall be considered by the President before a final
decision is rendered.
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