4 . Names of witnesses , as well as any documentary evidence , must be submitted to the Vice President and Dean of Students at least four ( 4 ) business days in advance of the hearing . Copies of witness lists and materials shall be made available to all relevant parties for viewing three ( 3 ) days prior to the hearing .
5 . An audio recording of the proceedings shall be made at the hearing . This recording and any related hearing documents will be maintained in the electronic conduct system database at least seven ( 7 ) years from the time the respondent graduates or is terminated from the University . No other method of recording proceedings shall be permitted .
6 . In cases where the respondent fails to attend a scheduled hearing , the Board may proceed with the hearing in their absence , make a final decision in the case , and recommend an appropriate sanction ( s ). Students who fail to attend a scheduled hearing waive their right to appeal any sanction that may be assigned .
7 . All parties , including the respondent and complainant , will have equal opportunity to review preliminary information and to present evidence during the hearing .
8 . If witnesses are unable to appear for a hearing , a written statement may be read into the record . Alternatively , the Board may choose to convene again when the witness is able to appear .
9 . Witnesses will be granted anonymity when there is reason to believe that their physical or emotional health may be placed in jeopardy if their identity were revealed .
10 . Respondents and complainants will not be allowed to interview or “ cross-examine ” each other personally . Both parties may ask the Campus Hearing Board to pose additional questions or inquire further into specific matters by submitting these requests in writing . All additional questions or inquiries must be submitted through the Vice President for Student Services and Dean of Students for review as to appropriateness and direct relevance to the case . If necessary , a brief recess may be granted to allow both parties an opportunity to prepare and submit such requests .
11 . The procedure at the hearing shall be as follows : a . The Chair of the Board calls the hearing to order and explains the procedures to be used during the hearing . b . The written specifications of the charges are read to the respondent by the Chair of Board . c . The Chair of the Board will first present evidence and call the witnesses for the complainant . The witness will be questioned by members of the Board . d . After each witness testifies , the respondent will be permitted to ask the witnesses questions ( The respondent may not question the complainant directly .) e . After the witnesses for the complainant are heard , the respondent and their witnesses will testify . They also may be questioned by the Board as well as the complainant . ( The complainant may not question the respondent directly .) f . When the testimony is completed , the complainant and respondent may present summations . g . After testimony and summation , all parties are dismissed . h . The Board goes into private session to determine whether the respondent is responsible or not responsible for the alleged violation ( s ), based upon a preponderance of the evidence . Majority vote determines the Board ’ s final decision . i . The Vice President for Student Services and Dean of Students advises the Board as to possible sanctions in the cases where the respondent is found responsible for the alleged violation ( s ). j . If the respondent is found responsible , the Board decides a recommended sanction ( s ) by majority vote . k . The decision and recommendation of sanction ( s ) are forwarded via letter to the Vice President for Student Services and Dean of Students . The Vice President for Student Services and Dean of Students then provides written notice to the respondent regarding the decision of the Board , along with required sanctions and information regarding the process of appeal .
12 . With the assistance of the Vice President for Student Services and Dean of Students , the Chair of the Board shall make rulings concerning procedure and the admissibility of evidence . Evidence shall be admitted liberally , but the Board shall make its decision only considering relevant and substantial evidence .
13 . Majority rule prevails in the determination of finding a respondent responsible as well as the recommendation of appropriate sanction ( s ).
14 . The case against the respondent must be proven by a preponderance of the evidence ( more likely than not that a violation occurred ). The legal phrase “ beyond a reasonable doubt ” does not apply in the University adjudication system .
15 . All testimony and records of hearings are maintained by the Vice President for Student Services and Dean of Students and may be released only to the President of the University . The Campus Hearing Board will have access to all records of Board cases for review only during proscribed times related to a specific case .
Post-Hearing 1 . Within five ( 5 ) business days of the hearing , the Chair of the Board will present a report to the Vice President for Student Services and Dean of Students .
This report will contain :
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