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SECTION 9. HEARING PROCESS
Section 9. Hearing Process
9.1 The purpose of the meeting is to provide the opportunity for complainants and accused students to present all relevant facts and other evidence with regard to alleged violations of the Code of Student Conduct. It is the responsibility of the University Student Conduct Board to consider impartially all relevant testimony and other evidence, determine the facts, and impose appropriate sanctions. Decisions of the respective Student Conduct Boards are subject to review and confirmation by the appropriate University officials, as outlined in Section 4.2.
9.2 The University Student Conduct Process is an internal, administrative process in which the rules of evidence used in criminal and civil proceedings do not apply. The standard of proof used to decide matters within the University Student Conduct Process is a preponderance of believable evidence as described in Section 3.4.
9.3 University Student Conduct Process meetings are confidential and closed to persons not directly related to the case. The results of University Student Conduct proceedings are held confidential in accordance with applicable law. The University reserves this right to correct any misinformation with regard to University Student Conduct Process actions that may be circulated in the media when the well being of the community so requires. The University will publish data related to the activities of the University Student Conduct Process on a periodic basis consistent with constraints imposed by law.
9.4 Complainants, accused students, and the University, as represented by the respective Conduct Board Members, are the principal parties in University Student Conduct proceedings. All parties, advisors, witnesses, and Conduct Board Members are expected to maintain the confidentiality of University Student Conduct Process proceedings.
9.5 Advisors to the students, as defined in Section 7.4, have no standing in University Student Conduct proceedings, except to provide assistance to their respective parties in a quiet, non-disruptive manner. Advisors do not represent or speak for their respective parties, except at the request of the Conduct Board Chairperson.
9.6 Conduct Board Chairpersons appointed by the Dean of Students or his/her designee, will preside at each board. The chair of the board serves as the Conduct Advisor to students involved in the case.
9.7 The order of presentation at the board will be as follows:
a. Introductions and reading of the complaint/appeal by the chairperson;
b. Opening statements- confirmation of complaint by complainant
c. Presentations of statements/evidence/witnesses by the complainant/respondent;
d. Presentation of statement/evidence/witnesses by the accused student;
e. Closing statement by the complainant/respondent;
f. Closing statement by the accused student.
In cases involving nonconsensual sexual activity, felony arrest, or in other appropriate circumstances, the order of presentation at the board meeting may be changed at the discretion of the Conduct Board Chairperson.
9.8 The University Student Conduct Board Members may ask questions at any time subject to limitations of relevance, as determined by the Chairperson. The parties may ask questions directly or indirectly through the Chairperson subject to reasonableness and relevance, as determined by the Chairperson. In cases of alleged nonconsensual sexual activity, evidence of the complainant’s prior sexual conduct will not be admissible, unless it proves or tends to prove specific instances of the complainant’s prior sexual conduct with the accused student. Admissibility of evidence regarding the past sexual behavior of either party will be resolved prior to the board meeting at the discretion of the Chairperson consistent with Section 7.5.
9.9 University Student Conduct Board decisions are made in private and by a majority vote of the board members. Decisions may be withheld pending further information gathering or as time constraints dictate. All University Student Conduct Board decisions are subject to confirmation by the appropriate University official.
9.10 All parties will be informed of the confirmed University Student Conduct Board decision in writing within five (5) University business days after the conclusion of the meeting. A board is considered concluded when all board deliberations are complete and a final decision is rendered. All deliberations of the University Student Conduct Board are considered confidential.