2.5.1 : Complaints and Charges
Complaints against students may be filed by anyone within or outside the institution. Complaints must be submitted in writing and signed by the complainant. Unsigned or anonymous complaints will not be acted upon except in unique cases where administration is aware of extenuating circumstances. However, formal charges against students for violations of the Student Conduct Code may only be brought by the Chief Academic Officer, Dean of Students, or Director of Community Standards and Campus Safety. They have discretionary power to act or not to act on complaints. If action is warranted, the student will be served a written statement of the charged (alleged misconduct) and of their rights to a hearing.
Students have the right to request one of two hearing options. A formal hearing would be held before a Judicial Hearing Board, or an administrative hearing conducted by the assigned case officer. If desired, a student may request that the hearing be conducted by an official of the same gender. Students who willfully do not appear for hearings forfeit their rights to be represented during the hearings. In such cases the assigned case officer or adjudicating body will determine both the guilt and appropriate sanctions as specified above.
Hearings shall proceed in two parts. The first shall determine guilt or innocence. If the student is found guilty, the second part shall determine the sanction. The first shall precede de novo, in that the Judicial Hearing Board or assigned case officer shall consider only evidence directly pertaining to the case under consideration, including evidence presented by the student. In the absence of the student, there shall be a vote on the guilt or innocence. If a student has been found guilty and chooses to appeal the decision, and if the sponsor of the university activity has already set and/or administered the length of time for suspension, then the student should not have their time lengthened beyond what had been set until after completion of the appeal.
The second part of the hearing shall be in the absence of the student and the committee may consider prior violations of the discipline code, testimony about the student’s character, or other relevant information. This is to assist the committee to properly determine the sanction. Then a vote shall be taken on the sanction. Hearings are closed and private except for those instances when the student desires the accompaniment of another student or faculty member, or when the Judicial Hearing Board or assigned case officer wishes to call people for testimony and evidence.
Students have the right to examine all material evidence prior to the time of their hearings. They also have the right to know whether there will be personal testimony against them. They do not have the right to know the names of witnesses prior to the hearing. Students do have the right to be present during the presentation of evidence and the hearing of testimony of witnesses and to argue the adequacy of the evidence. Students may request another student or a member of the faculty to accompany them to their hearing before the Judicial Hearing Board, assigned case officer or the Student Welfare Committee, to advise them or to speak in their defense and to be present throughout the hearing. In cases, where the question of guilt is contested, the students may request that witnesses be called to testify on their behalf. The chairperson must approve the list of witnesses to be called prior to their appearance at the hearing.