What is the format of a hearing?

The purpose of the hearing is to provide the opportunity for complainants and accused students to present all relevant testimony and other evidence with regard to alleged violations of the Code of Student Conduct. It is the responsibility of the hearing board to consider, impartially, all relevant testimony and other evidence, determine the facts, and impose appropriate sanctions. Decisions of the respective hearing boards are subject to review and confirmation by the appropriate University officials.

University Judicial System hearings are administrative, rather than criminal or civil, in nature. Rules of evidence and the criminal standard of proof do not apply.

University Judicial System hearings are confidential and closed to persons not directly related to the case. The results of University Judicial System hearings are held confidential in accordance with and to the extent required by applicable law. The University reserves the right to correct any misinformation with regard to University Judicial System actions that may be circulated in the media when the well-being of the community so requires. The University will publish data related to the activities of the University Judicial System on a periodic basis consistent with constraints imposed by law.

Complainants, accused students, and the University, as represented by the respective hearing boards, are the principal parties in University Judicial System proceedings. All parties and hearing board members are expected to maintain the confidentiality of judicial system proceedings.

Procedural advisors, including attorneys where applicable, have no standing in University Judicial System proceedings, except to provide advice to their respective parties in a quiet, non-disruptive manner. Advisors, and attorneys when applicable, do not represent or speak for their respective parties, except at the request of the board chairperson.

Chairpersons appointed by the Associate Vice President and Dean of Students and Director of Judicial Affairs, or his or her designee, will preside at each hearing.

The order of presentation at the hearing will be as follows:

a. introductions and reading of the complaint/appeal by the chairperson;

b. opening statements;

c. presentation of testimony/evidence/witnesses by the complainant/appellant;

d. presentation of testimony/evidence/witnesses by the accused student;

e. closing statement by the complainant/appellant;

f. closing statement by the accused student.

In cases involving nonconsensual sexual activity, felony arrest, or other appropriate circumstances, the order of presentation at the hearing may be changed at the discretion of the board chairperson.

The hearing board members may ask questions at any time subject to limitations of relevance, as determined by the chairperson. The parties may ask questions indirectly through the board chairperson subject to reasonableness and relevance, as determined by the chairperson. In cases of alleged nonconsensual sexual activity, evidence of the complainant's prior sexual conduct will not be admissible, unless it proves or tends to prove specific instances of the complainant's prior sexual conduct with the accused student. Evidence of the past sexual behavior of either party will be resolved prior to the hearing, consistent with Section 7.6 of the University Judicial System Handbook.

Hearing board decisions are made in private and by a majority vote of the board members. All hearing board decisions are subject to confirmation by the appropriate University official.

All parties will be informed of the confirmed hearing board decision in writing within five (5) University business days after the conclusion of the hearing. A hearing is considered concluded when all hearing board deliberations are complete.