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: a. a summation of charges against the respondent b. a summation of evidence presented c. the result of the vote taken by the Board d. the decision of either“ responsible” or“ not responsible” for each charge
e. any sanction( s) recommended by the Board
2. All members of the Board, the complainant, the respondent and any witnesses, are bound to confidentiality regarding the discussion and voting of the Board in all cases. Only the Vice President for Student Services and Dean of Students is permitted to disclose information concerning cases handled by the Board.
3. The Vice President for Student Services and Dean of Students will confidentially notify the respondent of the decision in writing within three( 3) business days of receiving the Chair’ s report, and will administer the decisions and determine the sanctions based upon recommendations of the Board. The case will be officially closed when the respondent has been notified of the decision and the sanction( s) imposed following the requisite three( 3) business days for appeal.
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