Hearing Procedures
6. Hearing Procedures:
The hearing procedures governing allegations of academic misconduct shall be as follows:
a. Notice of Hearing: Normally, a hearing will be conducted within ten (10) University calendar days of the receipt by the Office of Student Rights and Responsibilities of an Academic Misconduct Report and the Office of Student Rights and Responsibilities’ determination that prior academic misconduct warrants a hearing and/or an Accused Student’s request for a hearing. The notice of hearing shall advise the Accused Student of the specific allegation(s) of academic misconduct. The Accused Student shall be afforded a reasonable period of time to prepare for the hearing, which shall not be less than three (3) University calendar days.
b. Hearing: Hearings shall be closed, but the Faculty Hearing Board may, at its discretion, admit any person into the hearing room. The hearing board shall have the authority to discharge or to remove any person whose presence is deemed unnecessary or obstructive to the proceedings. The Accused Student and the Instructor shall have the right to be present at all stages of the hearing process except during the private deliberations of the hearing board.
c. Record of Hearing: The University shall make a recording of the hearing. The recording shall be the property of the University. No other recordings shall be made by any person during the hearing. Upon request, the Accused Student may review the recording in a designated University office in order to prepare for an appeal of the decision rendered by the Faculty Hearing Board. Further disclosure of the recording shall be governed by applicable state and federal law.
d. Opportunity to Present Positions to the Board: Both the Instructor and the Accused Student shall have the opportunity to fully present their positions to the Faculty Hearing Board, including the opportunity to present the testimony of witnesses and documents in support of their positions.
e. Support Persons: During the hearing, the Accused Student shall have the right to be accompanied by a support person who may observe but not participate in the hearing. A support person should be a person whose schedule allows attendance at the scheduled date and time for the hearing because delays will not normally be allowed due to the scheduling conflicts of a support person.
f. Written Notice of Decision: Within ten (10) University Calendar Days of the hearing, the Accused Student and the Instructor shall receive written notice of the Faculty Hearing Board’s decision, which will indicate whether the Accused Student has been found to be “Responsible” or “Not Responsible.” The notice shall also set forth any disciplinary sanctions imposed by the Board. The decision of the Faculty Hearing Board, as well as the disciplinary sanction(s) imposed, if any, generally will not be released to third parties without the prior written consent of the Accused Student. However, certain information may be released if and to the extent authorized by state or federal law.
g. If the Faculty Hearing Board determines that the Accused Student is "Not Responsible," the Board shall not impose any sanctions. The Board shall so advise the Student's instructor and the instructor shall reevaluate the student's course grade in light of the Board's determination. If the Faculty Hearing Board determines that the Accused Student is "Responsible," the academic sanction imposed will be set forth by the instructor.
The Faculty Hearing Board may make a recommendation to change the academic sanction imposed by the instructor on the basis of its hearing of the evidence of academic misconduct.