Student Handbook
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

II. Disciplinary Structure, Page 4
 

If the student makes a written request for a hearing before the Student Hearing Board upon the report of the investigator with seven (7) days after he/she is served with a copy of the investigator's report, the student shall be entitled to a hearing before the Student Hearing Board.  If the student fails to make a timely written request for hearing, the report and recommendation for sanctions made by the investigator shall become a final decision and the student shall have no further rights of hearing or appeal under the Student code of Conduct.   The following provisions shall be applicable to hearings before the Hearing Board:

1.  The student charged with the violation: (a) shall be entitled to a prompt hearing, (b) shall be informed in writing of the specific charges and the proposed judicial action, (c) shall be given sufficient time to prepare for the hearing.
 

2.  During the judicial hearing, the student charged with the violation: (a) shall be given the opportunity to testify and present evidence and witnesses on his or her behalf, (b) shall have the opportunity to hear and question adverse witnesses, (c) shall have all testimony or evidence introduced in his or her presence unless he or she refuses to appear or fails to appear after having received proper notice, and (d) shall not be forced to testify against himself or herself and his or her refusal to testify shall not be considered as evidence against him or her.
 

3.  The Hearing Board: (a) shall place the burden upon the party seeking judicial action to prove that the charges against the student are more probably true than not true and that the recommended sanction is reasonable, (b) shall base its findings and decisions exclusively upon proper evidence and testimony presented at the hearing and upon facts that are universally regarded as true (the Hearing Board should hear evidence of any disputed points--however, the Board may itself take notice of facts that everyone agrees are true -- for example, evidence does not have to be introduced to show it was dark if the act in question is clearly shown to have occurred in an unlighted area at midnight), but the Hearing Board shall not be bound by the strict rules of evidence followed in courts of law, and (c) must state its findings and its decision in writing.
 

4.  The student shall not have the right to be represented by an attorney before the Hearing Board except: (a) that when the party seeking the disciplinary action will be represented at the hearing by an attorney he/she shall give written notice to the student of such representation and the student shall then have the right to be represented by an attorney at his/her own expense, and (b) where the charges against the student are, or are likely to be, the subject of a separate criminal action against the student, the student may be accompanied to the hearing by an attorney and shall have the right to consult with the attorney throughout the hearing, but the attorney shall not be entitled to present evidence, question witnesses, make arguments or otherwise participate in the hearing.  When not accompanied by or represented by an attorney, the student may be accompanied by a non-lawyer advisor of his or her choice.