Student Handbook 2019-2020 | Page 37

b. c. d. e. If members have a conflict of interest in an individual hearing, they will be excused from that proceeding. These meetings will be closed meetings. Parties involved have the right to request the presence of other college students or staff to speak on their behalf; subject to approval by the office of the Vice President of Student Services (only students and staff familiar with the action taken may speak). The Student Conduct Panel shall hear the case in an impartial manner and shall issue a ruling based on the preponderance of evidence. A “preponderance of evidence” standard of proof is different than a legal standard of proof. Students are found responsible if the facts support that a student is more likely than not to have violated the Student Code of Conduct. This testimony should be limited to facts surrounding the case in question. The proceedings will be recorded to ensure accurate information should the Panel’s opinion be appealed. Pre-Hearing Review by Student Conduct Panel Members Student Conduct Panel meetings times are scheduled to allow at least 30 minutes of preparation before the first student arrives. During that time, Student Conduct Panel members should: - - - - - - - Review all written statements and reports. Determine the time sequence of the events that allegedly occurred. Establish the main areas which need resolution (usually areas in which accounts differ). Assign roles to Student Conduct Panel members, (i.e. Chairperson, recorder, who will read the incident report during the hearing) Any potential conflicts of interest must be discussed with Student Conduct Panel Chairperson and addressed. Arrange seats to accommodate all participants. Determine if there is a quorum (at least three members). If not, the referred student may waive the need for a quorum. If the student wants a quorum, direct the student to the Dean of Student Development’s Office to reschedule the hearing. Discussion and Questioning Guide for the Hearing This section of the hearing is intended to allow Student Conduct Panel members and the accused student(s) to hear all testimony and to question involved parties. The outline presented below offers a sequence guide for the hearing. 1. 2. 3. 4. 5. 6. Greet the student and ask them questions to get some background information about them (i.e. year in school, program, clubs, interests, etc.) Then introduce the Student Conduct Panel and explain the procedures of the hearing. The accused student is asked to make a narrative statement regarding the incident. The student should tell what happened in his/her own words. The incident report is read by a designated Student Conduct Panel member, omitting all student names other than the accused. The accused student is provided an opportunity to comment on the report. Student Conduct Panel members direct questions to the accused student as needed. The Chairperson will monitor the question and discussion period to make sure that all questions are appropriate, and the accused student has had the opportunity to fully respond. The accused student is asked to identify the witnesses to be called and the relevancy of their testimony. The Chairperson should be liberal in allowing relevant witnesses. Character witnesses for the complainant are not usually appropriate. The accused student's witnesses are heard first as follows: - - - 7. Each witness provides a narrative account. The specific charges may be shared with the witness. Questions are asked by Student Conduct Panel members. Witnesses are dismissed, and additional questions may be asked of the accused student, provided they are not redundant. The accused student is given an opportunity to ask any questions or give a brief summary statement.