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1. General Information
   • Mission
   • Code of Student Conduct/Policies
   • Records Policies/Disciplinary Clearances
   • Criminal Process vs. Student Judicial Process
   • Sexual Violence and Stalking
   • Sexual Harassment by Students
   • Interim Suspension
   • Stats
   • Disruptive Students
   • Troubled Students
2. Procedures
   • Resolution Options
   • Hearing information
   • Sanctions
   • Appeals
   • Charged student information
   • Complainant/victim information
   • Witness information
   • Advisor information
   • Parent Information

3335-23-10 Hearing procedures

Although the procedural requirements are not as formal as those existing in criminal or civil courts of law, to ensure fairness, the following procedures will apply and, unless already provided to the student, be included within the hearing notice:

1. Attendance at hearings is limited to those directly involved or those requested by the hearing officer or panel to attend. The hearing officer or panel will take reasonable measures to assure an orderly hearing, including removal of persons who impede or disrupt proceedings.
2. The accused student may have an advisor throughout the hearing. The advisor may only counsel the student and may not actively participate in the hearing, unless clarification is needed as determined by the hearing officer or panel.
3. The accused may submit a written statement, may invite relevant witnesses to attend, may ask questions of witnesses called by others, and will be notified of potential witnesses to be called. The university may present witnesses as well as question those presented by the accused.
4. Written statements may be used if, for good reason, a witness cannot attend the hearing. Written statements must be notarized, absent other clear evidence of authenticity.
5. In cases requiring special expertise, the panel coordinator may appoint individuals with appropriate expertise to serve as consultants to the panel. The consultants may be present and provide information as called upon during the hearing but will not vote.
6. Students are entitled to a presumption of innocence. Therefore, a student will not be found in violation unless:
   1. A preponderance of the evidence supports the charge(s).
   2. In the event of a tie, the panel will continue to deliberate. If after the panel determines that exhaustive deliberations have occurred and a majority decision is not reached the student will be found not in violation.

3335-23-11 Attendance

Because the most accurate and fair review of the facts can best be accomplished when all parties are present, the accused is expected to attend and participate. If an individual does not choose to attend a hearing, the charges will be reviewed as scheduled on the basis of the information available, and a decision will be made. Although no inference may be drawn against a student for failing to attend a hearing or remaining silent, the hearing will proceed and the conclusion will be based on the evidence presented. No decision shall be based solely on the failure of the accused student to attend the hearing or answer the charges.

3335-23-12 Record of proceedings

A single record consisting of written notes, tape recording, or other method selected by the hearing panel or officer, will be made of all hearings. Such record will remain the property of the university but will be made available to the accused for review during the appeal period. A written notice of the decision and, if found in violation, information regarding appeal procedures will be provided to the accused student.

3335-23-13 Hearing bodies

In addition to the committee on academic misconduct, residence hall living units commissions, and the university judicial panel, the director of student judicial affairs, hearing officers within the office of student judicial affairs, the coordinator of the committee on academic misconduct, and residence hall professional staff are to be considered as official university hearing officers, and may hear cases of alleged violations of the code affording accused students the same procedural guarantees as provided in hearings by a panel, committee, or commission.

Hearing FAQs

What should I wear to the hearing?

You should look nice and neat, although there is no requirement to wear a particular kind of outfit.  You should be aware of the impression you may make upon the hearing officer or panel members.

What can I do to prepare for the hearing?

Think about what you want to communicate to the hearing officer or panel members about the allegations. You may want to write down notes or an outline so that you do not forget something important. If you know of any witnesses with relevant information, provide their names to the Office of Student Judicial Affairs, so that the witnesses can be asked to attend the hearing.  If you have any relevant documentation, bring it with you.

Can my parents or attorney attend the hearing with me?

You may have one advisor with you. This person serves in an advisory or supportive role and does not interact with the hearing body, witnesses, etc.

I have a criminal case pending. Can I wait until the criminal case is over to deal with this?

Typically, the university does not wait for the criminal justice process to be completed before proceeding with the student judicial process.

Will I get sworn in?

Participants are not sworn in. However, the university expects that all participants will be honest throughout the proceedings, and the level of honesty may be a factor considered during deliberations.  In addition, providing false information during a hearing may result in additional charges.

What specifically will happen at the hearing?

The following process is typically followed, although there may be minor deviations:

1. Introductions and charges read
2. Opening statements: the complainant/victim and charged student are given the opportunity to make a brief opening statement concerning their perspectives about the allegations
3. Testimony/Evidence
4. Questions: The hearing officer or panel members may ask questions of any of the participants throughout the hearing. The charged student will be given the opportunity to ask witnesses questions, although they may be directed through the hearing officer or panel chairperson.
5. Closing statements: The complainant/victim and charged student will be invited to make closing remarks, summarizing their perspective and leaving the hearing body with final thoughts.
6. Conclusion of the fact-finding portion of the hearing.
7. Deliberations: These are closed to all but the members of the University Judicial Panel and chairperson. The purpose of deliberations if for the hearing officer/panel to review all materials and information from the hearing and determine whether the student violated the Code of Student Conduct.  If so, they will determine the appropriate sanction(s).
8. Decision: The decision will be sent to the student in writing by US Mail.  The student may also request that the decision be sent via email.