Hearing Structure
Student conduct hearings will be closed. The director of student conduct and executive associate to the vice president of student services or designee serves as a non-voting committee member during student conduct hearings. Hearings may be conducted in person, or by mail, telephone, or other electronic means. In the case of hearings conducted via mail, materials would be sent to and from the respondent by mail. Once the file is complete, the student conduct committee would still meet for a student conduct hearing. Although the respondent would not be physically present, it is possible that witnesses or other persons presenting information, either on behalf of the respondent or the complainant would be present. Hearing proceedings will be recorded by and shall be the property of the college. Deliberations will not be recorded.
The chairperson of the committee will notify the respondent and complainant of all charges, membership, and hearing date in writing at least five business days in advance of the scheduled hearing.
Failure of the complainant or the respondent to appear at the hearing, after proper notice, will result in the committee making a decision through the hearing process in their absence. For hearings where the chairperson deems it necessary, neither the complainant nor the respondent are required to be present in the same room. Accommodations, including but not limited to listening to and participating in the hearing over the phone, may be made to allow either party to participate in the process without being present at the hearing location. Further, neither the complainant nor the respondent need to participate in the hearing as a prerequisite to proceed with the hearing.
Prior to the hearing, the respondent and complainant may be granted access to review photographs, documents, or other tangible objective evidence to be introduced by the complainant. If new evidence comes to light during the hearing, a recess may be granted upon request.
Both the respondent and complainant have the right to be accompanied and advised by a person of their choosing. The adviser’s role is to provide personal counsel and support to the respondent or complainant, but not to present the case or address the hearing panel, hearing chairperson, or other participants in the process. The adviser may not serve as a witness in the conduct proceeding. Disruptive advisers will be removed from the process at the discretion of the hearing chairperson, and the process will continue. If the adviser does not appear at the hearing, after proper notice to the complainant or respondent, the hearing process will continue in the adviser’s absence.
Only the respondent, the complainant, and witnesses can address the hearing board during the proceedings. Legal representation is only permitted when the student faces concurrent criminal charges or for proceedings related to an alleged violation of the sexual misconduct policy.
The committee may request the appearance of any person that each party wishes to have appear and testify. The committee has no authority to compel the appearance of any person who is neither respondent nor complainant.
The chairperson of the committee will have the duty of maintaining order at the hearing and will have the right to exclude any party or witness from the hearing, temporarily or permanently.