When the Conduct Officer receives the request for a Formal Hearing, the charged student shall be provided a written notice about charges and pertinent information provided to the Conduct Officer that may be needed to prepare for the hearing. Such written notice shall be provided to the charged student no less than five days before the hearing, except in cases of an emergency hearing or if waived by the charged student. The charged student will be notified by e-mail concerning the availability of the documents. The outcomes of the hearings held by the Administrative Officer or the University Conduct Board are recommendations to the Conduct Officer. The Conduct Officer will render the Final Decision within five days of receipt of the recommendation. Any differences between the recommendation and the final decision, and the reasons, will be presented to the student in writing.
The Formal Hearing will take place within six weeks from the date of the Disposition Letter, except in special circumstances, which will be identified by the Conduct Officer. The procedure will then depend upon the choice of forum chosen by the charged student as follows:
a. Administrative Officer - If the charged student chooses a hearing before an Administrative Officer, an individual appointed by the Office of Student Rights and Responsibilities will conduct the hearing. The charged student (and the victim in cases of sexual harassment and specific acts of violence as defined in section 4.24 of the Student Code of Conduct) shall be notified of the person appointed to hear his/her case and shall have the opportunity to challenge the impartiality of that individual within three business days of notification. An Administrative Officer whose impartiality is challenged by reasonable rationale will be excused. Indiscriminate challenges are not permitted.
b. University Conduct Board - A charged student who chooses a hearing before a University Conduct Board will be heard by a panel where students will make up at least one-half of the membership. The panel members will be selected from a bank of faculty/staff and students. The charged student (and the victim in cases of sexual harassment and specific acts of violence as defined in section 4.24 of the Student Code of Conduct) shall be notified of the persons selected to hear the case and shall have the right to challenge the impartiality of any panel member in writing to OSRR within three working days of notification (or in cases of an emergency nature within 24 hours of the scheduled hearing). A panel member whose impartiality is challenged by reasonable rationale will be excused. Indiscriminate impartiality challenges shall entitle the panel to proceed without regard to the challenge. If a panel member is excused, at the discretion of the OSRR, the hearing will continue as scheduled, provided there is at least one student and one faculty/ staff member on the panel. Students may not contact, directly or indirectly, any Board member regarding this process before, during, or after the hearing.
Any Board member assigned to hear the case, but who is not present for the presentation of information at the hearing may not further participate. A quorum for the hearing shall consist of a simple majority of the panel. However, the charged student has the right to choose to proceed or to request that the hearing be rescheduled if the conduct board present does not have at least one-half of the membership made up of students. After the hearing, the Board will reach its decision in executive session. A simple majority of the quorum is required for decision.