This section explains the details of a University Board hearing in the Student Conduct Process. For a complete overview of the Student Conduct Process go to Overview of the Student Conduct Process.
Except as provided for in the Formal Title IX Sexual Harassment Policy and Procedures, if the University determines that a University Board hearing is appropriate, the University will take reasonable measures to ensure that the first session of the University Board hearing takes place within seven business days of the conclusion of the initial meetings. However, the University reserves the right to extend this time limit, in its sole discretion, in order to ensure a proper review of all relevant material.
A mutually convenient time for the University Board hearing will be decided upon. If requested by a party or otherwise necessary, and at the discretion of the moderator, a University Board hearing may take place entirely over the telephone and/or video conferencing, or with one or more parties participating by telephone and/or video conferencing. The University Board hearing will proceed over as many sessions as necessary.
The moderator will set a date by which all materials for the hearing will be sent to the University Board. Materials turned into the moderator after that date will be sent to the University Board if feasible.
The actual University Board hearing will proceed as follows:
- The University Board panel will select a chairperson. The chairperson is charged with maintaining an orderly discussion throughout the University Board hearing and ensuring that there is equal opportunity for both the complainant and the referred student to present their information.
- The Chairperson will confirm that all students understand their rights.
- The Chairperson will describe the information before the University Board panel and will make sure that all students have copies of materials as needed.
- If an investigator was utilized prior to the University Board hearing, the investigator will answer questions from the panel, complainant, and referred student. The investigator will be present for the entirety of the hearing should additional questions arise.
- Both the complainant and the referred student will have the opportunity to provide witnesses. In cases where a University representative is serving as the complainant, the University representative will present any witness information that has been made available. The University Board panel may also request additional witnesses. Witnesses will provide their information one at a time. A witness may only be present when that witness is providing information. The University may approve the use of written statements from witnesses who are not available to be present in person.
- The University Board panel may present questions to witnesses who are present at the University Board hearing. If the complainant or the referred student have any questions for witnesses, they may offer those questions to the chairperson of the University Board panel to ask the witness. The University Board panel may decline to ask any question provided. The University Board panel may ask that a witness return later in the University Board hearing for additional questions.
- Members of the University Board may ask questions to the complainant and the referred student at any time during the University Board hearing. If the complainant or the referred student have any questions for each other, they may offer those questions to the chairperson of the University Board panel to ask the witness. The University Board panel may decline to ask any question provided.
- After the University Board panel has reviewed all the relevant information provided in the University Board hearing, the chairperson will ask the complainant and the referred student whether there is any additional information that needs to be considered but that has not already been provided.
- The complainant and the referred student will have an opportunity to give a final statement about the alleged violation. In cases where a University representative is serving as the complainant, the University representative will simply summarize the information already provided. The final statement may be read aloud or submitted in writing. In the interest of time, the University Board panel may place a time limit on the final statements.
- The moderator will excuse everyone from the University Board hearing except for the University Board panel and the moderator.
- The University Board panel will determine that the student is or is not in violation of the policy at issue. A majority vote by the University Board panel will be used to make this determination. The decision will be reviewed with the moderator before being finalized.
- If the University Board panel finds the student in violation, the University Board panel will determine the appropriate sanctions. Prior to making any determinations about sanctions, the moderator will inform the University Board panel of any previous student conduct matters involving the referred student. A majority vote by the University Board panel will be used to make this determination. The decision will be reviewed with the moderator before being finalized.
- Typically, the moderator will invite the referred student back into the University Board hearing and the chairperson will announce the decisions of the University Board panel. Typically, the decision will be announced to the complainant by the moderator as appropriate.
- The University will take reasonable measures to notify the complainant and referred student of the outcome and sanctions in writing within ten business days of the last session of a University Board hearing. However, the University reserves the right to extend this time limit, in its sole discretion, in order to ensure a proper review of all relevant material.
- The moderator will inform the complainant and the referred student of their appeal options.
Student organizations have the same rights as students, modified as necessary to address the group or organizational context.
*For student conduct cases involving the Sexual & Relationship Violence Prevention and Response policy or the Formal Title IX Sexual Harassment Policy and Procedures, please refer to the specific information in those policies on the different procedures that may apply.