PART 8: RESPONSIBILITIES OF COMPLAINANTS AND ACCUSED STUDENTS

8.1 Each party must appear at the hearing as specified. If either party fails to appear at the hearing, the hearing board may proceed with the hearing, dismiss the complaint, or reschedule the hearing, as the facts and circumstances of the case indicate.

8.2 Each party must act in a manner that is respectful of the proceedings and the rights of all individuals involved. It is the responsibility of each party to assure advisors, witnesses, and other affiliates act in a manner that is respectful of the proceedings and all individuals involved. The board chairperson shall retain the option to discontinue the hearing and forward the case for administrative resolution by the Director of Judicial Affairs, or his or her designee, when the behavior of any person has become an encumbrance likely to have a detrimental impact on the outcome of the hearing.

8.3 Each party must answer pertinent questions truthfully during the hearing or choose to remain silent. The board may draw inferences from the statements and silence of any person with respect to pertinent questions. False testimony by any person may give rise to further disciplinary action or an enhancement of sanction at the discretion of the board.

8.4 At the hearing each party must offer all information known or available to him or her that he or she desires to be considered. Each party is responsible for calling witnesses to testify on his or her behalf and for providing a list of potential witnesses, including witness names and whether a witness will testify to facts in issue or to the character of the offering party. This list must be submitted to the Office of Judicial Affairs at least 24 hours in advance of the hearing. Witness lists will be made available to the opposing party by the Office of Judicial Affairs. The hearing board chairperson will have the discretion to limit the number of witnesses to be called by either party, taking into consideration the following guidelines:

a. All fact witnesses will be heard, unless the board chairperson determines evidence is cumulative or irrelevant, or would unnecessarily compromise the confidentiality of the hearing.

b. Each party will be limited to one character witness but may submit, in lieu of additional character testimony, one or more statements signed by other persons who must certify to the truth of the statements.