PART 7: RIGHTS OF COMPLAINANTS AND ACCUSED STUDENTS

7.1 Prior to a formal hearing on the merits of a case, each party (i.e., the complainant(s) and accused student(s)) will be given written notice of the charges stating: the alleged facts upon which the charges are based, the sections of the Code of Student Conduct alleged to have been violated, the procedures to be used in resolving the charges, and the date, time, and location of the hearing. Notice will be delivered at least three (3) University business days prior to the hearing and will be considered complete when placed at the door of the address last given by the student to the University Registrar or in any other manner reasonably designed to give notice to the student.

7.2 Each party will be given an opportunity to be heard before an impartial hearing board or hearing officer in a timely manner - usually within thirty (30) days of the filing of the written complaint. Attendance at hearings is limited to the hearing board and its advisor, and the parties immediately involved and their procedural advisors. Witnesses are permitted access to the hearing room solely for the purpose of and duration necessary to provide testimony.

7.3 Each party will have the opportunity to face the opposing party and to ask questions indirectly through the hearing board. The hearing board has the discretion to determine whether to permit questioning of witnesses through the hearing board.

7.4 Hearing boards may be advised at all times by an attorney or other advisor. Parties may be advised during the hearing by a procedural advisor who is a full-time member of the Syracuse University community. Persons who may serve as procedural advisors are limited to students, faculty, and staff of Syracuse University and SUNY ESF. No attorney who is not also a full-time member of the Syracuse University or SUNY ESF faculty, staff, or student body will be permitted to participate in the judicial process on behalf of the complainant or the accused student, except where criminal or civil proceedings are also pending. When criminal or civil proceedings are pending, both the complainant and the accused student may be advised by an attorney, but the individual parties remain primarily responsible for conducting their own presentations.

Attorneys for the complainant and the accused student, when permitted to participate, are limited to the role of the procedural advisor described below at Section 9.5. Any attorney who fails to conform his or her behavior to these requirements will be removed from the proceedings and barred from acting as a procedural advisor in future University Judicial System proceedings. In such circumstances the hearing board will determine whether to proceed with the hearing without the presence of the procedural advisor or to forward the case to the Director of Judicial Affairs for resolution before a hearing officer.

7.5 Each party may present objections to the participation of any board member for reason of conflict of interest. Any such objection will be ruled on by the chairperson, or by vote of the majority of the board, if the objection is to the chairperson’s participation.

7.6 Each party will have the opportunity to present relevant testimony and/or evidence to the hearing board on his or her own behalf and the opportunity to respond to testimony or evidence presented by other parties. Relevance of testimony will be determined by the respective board chairperson. Issues of relevance related to the previous sexual behavior of either party will be resolved prior to the hearing, with a presumption of irrelevance unless proven otherwise, consistent with Section 9.8 below.

7.7 An audio recording will be made of all hearings involving nonconsensual sexual activity or felony arrest. Either party may request that a written transcript of these recordings be made at the expense of the requesting party or have access to the recordings by arrangement with the Director of Judicial Affairs.

7.8 Each party will receive written notice of the hearing board’s confirmed decision within five (5) University business days after the hearing is concluded. A hearing is considered concluded at the point the hearing board’s deliberations are complete.