Student Conduct Hearing Panel Procedures

I. Appeal Procedures

1. Per the Student Conduct Policy, a student respondent may appeal a Conduct Determination to the Hearing Panel for Student Conduct ("Hearing Panel"). Appeals of suspensions imposed for violations of the Chapel Attendance Policy shall be heard by the Vice President for Student Development. Appeals are limited to the following grounds: 
   • A procedural or substantive error that materially affected the outcome (i.e., sanctions and requirements);
     
   • To consider new evidence, unavailable during the original hearing or investigation, that could substantially impact the original finding, sanction, and/or requirements (a summary of this new evidence and its potential impact must be included); and/or
     
   • A conflict of interest or bias existed against the individual found in violation of college policy that materially affected the outcome (see section IV B below for more information).
     

2. A student must submit a written appeal identifying the applicable grounds and supporting materials within five business days of receipt of the Dean of Residence Life or designee’s decision.

3. The Dean of Residence Life or designee will communicate the student’s decision to appeal and forward relevant materials to the Hearing Panel. Relevant materials may include but are not limited to the appeal letter, the Conduct Determination and rationale, relevant evidence, and the student’s disciplinary history. To the extent a by law, the complainant may review relevant materials submitted to the Hearing Panel by the Dean of Residence Life or designee and submit a written response. The burden of proof rests with the student requesting the appeal.

4. When acting as an appeal body, the Hearing Panel shall review the Conduct Determination considering the grounds stated for appeal and may: a. Uphold the decision; or b. Modify the decision or sanctions or requirements. In no case may an appeal result in more severe sanctions and/or requirements than those originally imposed.

5. The Hearing Panel shall decide appeals by majority vote and issue a written notice, which shall communicate their decision and any support documentation to the Dean of Residence Life or designee. The Dean of Residence Life or designee will provide written notice of the decision to the student(s).

6. A student may appeal the Hearing Panel’s decision to the Vice President for Student Development within five (5) business days on the same limited grounds. The Vice President’s reviews student’s appeal letter and all previous documentation and makes a decision, which is final.

7. The Hearing Panel will not convene during the final three weeks of a semester or during the summer. When unavailable, appeals will be heard directly by the Vice President for Student Development and constitute the final level of appeal.

II. Hearing Panel Membership 

1. The Hearing Panel shall consist of three to five members drawn from faculty, staff, and students. Graduate students shall serve on matters involving graduate respondents.

2. Appointments shall be made as follows: 
   • Faculty: Appointed by the Provost for staggered two-year terms;
   • Staff: Appointed by the Vice President for Student Development for staggered two-year terms;
   • Students: Appointed by Undergraduate Student Government or Graduate Student Council for one-year terms, renewable once.

3. Faculty and staff members must be full-time employees. Student members must be full-time and in good standing, maintain a minimum GPA of 2.30, not be on probation, and have no active conduct sanctions or requirements.

III. Sensitive Matters 

1. The College may designate a matter as a "sensitive matter" when allegations involve highly private or sensitive information.

2. In sensitive matters, the Hearing Panel shall be composed solely of faculty and staff members. Student members shall not participate, and no panelist shall directly supervise or advise any party.

3. The Dean of Residence Life or designee shall notify the Hearing Panel members when a matter is designated as sensitive. Alternate faculty or staff members may be appointed as needed.

4. Procedures for sensitive matters shall follow these policies as closely as practicable, with modifications permitted to protect privacy, dignity, and the integrity of the process.

IV. Hearing Panel Procedures 

A. Authority and Chairperson 

1. The Hearing Panel may hear matters referred by the Dean of Residence Life or designee or hear appeals following a Conduct Determination. When the Dean of Residence Life or designee has a conflict of interest (see section IV. B. below), the Hearing Panel may serve as the adjudicatory body to make a Conduct Determination.

2. The Hearing Panel shall elect a faculty or staff Chairperson, who is a voting member and presides over the hearing.

3. The Chairperson is responsible for convening the hearing, maintaining order, deciding  on procedural matters, and ensuring fairness and confidentiality. The Chairperson or designee shall maintain a record of the hearing.

B. Conflicts of Interest 

1. Panel members must be free from bias, prejudice, or conflicts of interest.

2. Prior to the hearing, the respondent  may raise concerns regarding panel composition and would need to demonstrate that a panelist is biased (an unreasoned and unfair distortion of judgment in favor of or against a person or thing), prejudiced (having or showing an unfair dislike of a person or group because of some characteristic), or otherwise inappropriate to serve on the Hearing Panel in the particular case due to a conflict of interest. The College considers a person to have a conflict of interest if he or she has existing or potential interests which compete with or might reasonably appear to compete with his or her independent and unbiased judgment in the matter. The Dean of Residence Life or designee shall decide pre-hearing challenges. Challenges arising during the hearing shall be decided by the Chairperson, or by another panelist if the Chair is challenged.

3. Panel members may recuse themselves on their own initiative if, in the member's opinion, a conflict of interest exists with respect to their participation.  Vacancies shall be filled by alternates appointed by the appropriate office.

C. Hearing Process 

1. The College bears the burden of proof to establish the student’s misconduct violated College policy, and decisions are based on a preponderance of the evidence (see Student Conduct Policy section IX for more information).

2. When acting as an adjudication board, written notice of allegations and a reasonable time to prepare shall be provided to the respondent and, where appropriate, the complainant.

3. During a hearing, the Chairperson shall read the allegations and, when applicable, the prior Conduct Determination. Parties may present opening and closing statements.

4. When the Panel is adjudicating alleged violations of College policy, each party may present witnesses and information. Questioning shall be conducted as directed by the Chairperson. Panel members may ask questions at any time.

5. The Chairperson may limit questioning, exclude irrelevant information, modify procedures, allow remote participation, or impose alternative questioning methods to protect privacy or ensure fairness.
6. Hearings are closed to the public. Parties may be accompanied to the hearing by one non-attorney support person, who may participate for the sole purpose of giving advice or assistance to the student; the support person shall not participate directly in the hearing or speak to the Hearing Panel on behalf of the student. The Hearing Panel reserves the right to proceed regardless of a particular support person’s availability. Support people are likewise expected to maintain the privacy of any records shared during the hearing process. Such records may not be shared with third parties, disclosed publicly, or used for purposes not explicitly authorized by the College. The Hearing Panel may restrict the role of any support person who fails to observe the College’s limits on participation in the proceedings or the College’s privacy expectations. Consultation with support people during the hearing will be subject to the consent of and limitations imposed by the Hearing Panel Chairperson.

7. The Hearing Panel may review relevant prior conduct records and may conduct joint or separate hearings when multiple respondents are involved.

8. The Chairperson may recess or continue hearings as necessary and shall provide notice of the timeline for a decision.

D. Deliberation and Decision 

1. Following the hearing, the Hearing Panel shall deliberate in executive session and reach decisions by majority vote.

2. When acting as an original adjudicator, the Hearing Panel shall determine responsibility and, if applicable, sanctions and requirements.

3. When acting as an appeal body, the Hearing Panel shall uphold or modify the prior decision but may not issue a more restrictive sanction or requirement.

4. Written findings and decisions shall be forwarded to the Dean of Residence Life or designee, who shall notify the parties in writing.

5. Decisions shall not take effect until accepted by the student or until the final appeal is resolved by the Vice President for Student Development, unless interim measures are imposed for community safety.