Student Accountability Process

Student Accountability Process Overview

The Student Accountability Process at our University aims to educate students while holding them accountable to the institution’s policies and standards. This process excludes actions related to retaliation, discrimination, or harassment unless they fall under Title IX jurisdiction.

At the discretion of the Vice President of Student Development, a conduct hearing may go directly to the Vice President or their designee to be heard.

Adjudicating Bodies

The Student Accountability Process involves three adjudicating bodies, which are assigned based on the severity and circumstances of the alleged violation:

1. Hall Council

   • Role: Elected by the residents, the Hall Council promotes community and safety within the residence hall. They host programs, establish Community Standards, and collaborate with hall staff.
   • Community Standards: Developed by the Hall Council to support healthy living. These must be submitted each term to the Office of Residence Life for review and approval, ensuring they do not conflict with University policies.

2. Student Accountability Board

   • Role: Composed of students who provide peer accountability. Members are selected annually through an application process and must be in good academic and social standing.
   • Responsibilities: Handle residential and campus violations. They determine if a student is “Responsible” or “Not Responsible” and assign sanctions. Cases involving social probation are referred to an Administrative Hearing Officer.

3. Administrative Hearing Officer

   • Role: Conducts hearings to review alleged policy violations and determine responsibility. They also assign sanctions if a student is found responsible.

4. University Accountability Board

   • Role: Has jurisdiction over suspendable non-academic misconduct, weapon-related cases, and emergency situations as deemed by the President or their designee.
   • Composition: Includes five appointed faculty members, five staff members, and five students, with three individuals hearing each case. The Vice President of Student Development, Director of Residence Life, Director of Campus Safety, and Director of Housing Operations are not eligible to serve. Appeals are directed to the Vice President of Student Development.

5. Summer Accountability Hearing Bodies

   • Role: During summer terms, hearings are conducted by the Summer-Term Student Judicial Board and Administrative Hearing Officers, with additional appointments as needed by the Vice President of Student Development.

Provisions and Procedures for Student Accountability Board, Administrative Hearing Officer and University Accountability Board Student Rights and Hearing Procedures

Hearing Procedures

At the beginning of the hearing, the Chair shall review the Student Rights and confirm that the accused student(s) are aware of them.

1. The hearing body shall use only facts and evidence relevant to the case at hand to make a decision of “Responsible” or “Not Responsible” for each charge. The standard for these decisions will be a preponderance of evidence (i.e. it is more likely than not that the alleged policy violation occurred).
2. If a student is found “Responsible,” the student’s previous disciplinary record will be provided to the hearing body prior to assignment of sanction.
3. Regardless of the hearing body, students are afforded the Student Rights provided in “Student Handbook: Provisions and Procedures for Student Accountability Board, Administrative Hearing Officer and University Accountability Board.
4. Charges must be presented to the accused student, in writing, 48 hours before the hearing unless the student waives, in writing, his/her right to a 48-hour notice.
5. Each student charged and the person(s) bringing the charge have the right to view incident reports, documentary evidence, and written testimony prior to the hearing.
6. Each student charged has the right of personal appearance before the hearing body except during deliberation and decision-making.
7. Each student charged and the person(s) bringing the charges have the right to hear and respond to testimony given at the hearing.
8. If charges are initiated by a complaint made by person(s) other than the Judicial Officer, those person(s) may be present during the hearing, except during deliberation and decision-making.
9. Each student charged and the person(s) bringing the charges have the right to select a Personal Observer from within the University community (i.e. an enrolled student or University employee) to be present at the hearing except during deliberation and decision-making. Personal Observers attend but do not participate in the hearing or any subsequent appeal hearing.
10. There is a single level of appeal as a matter of right in all cases under the Accountability Process.
11. Prior to the hearing, each member of the Hearing Panel is required to sign a statement attesting to his or her ability to hear the case “without bias” and pledging to keep case relevant information confidential. No contact with any party or witness in the case regarding the case is permissible.
12. Each Hearing Panel shall select a chair from among its members. Any member may chair the hearing. It shall be the duty of the chair to conduct the hearing in an orderly manner following these procedures. The Judicial Liaison shall advise the Hearing Panel on all questions of procedure.
13. No party or witness to the charge(s) being heard may sit on the Hearing Panel.
14. The Judicial Liaison will provide members of the Hearing Panel with the opportunity to review the charges, incident reports, documentary evidence, written statements, and relevant sections of the Student Handbook prior to the hearing.
15. At the beginning of the hearing, the Judicial Liaison or the Hearing Panel Chair shall inform all parties to a case, including witnesses that all testimony must be the complete truth and that persons knowingly giving false testimony shall be liable to judicial action.
16. Each member of the Hearing Panel shall have a reasonable opportunity to question all parties and witnesses.
17. All hearings shall be closed to persons other than those provided for in these Procedures and those summoned by the Judicial Officer.
18. Cases involving two or more students shall be ordinarily heard jointly by the same Hearing Panel. The Judicial Liaison may, for good cause shown, grant separate hearings upon the written request of any of the accused.
19. Only facts and evidence relevant to the case at hand shall be used in determining whether the accused is “Responsible” or “Not Responsible” on the charges. If the student is found “Responsible” on the charges being heard, only previous disciplinary records shall be presented by the Judicial Liaison to the Hearing Panel prior to determination of penalties. Such records are excluded during the hearing and deliberations on responsibility.
20. The standard used to determine responsibility will be a preponderance of evidence, i.e., it is more likely than not that the alleged policy violation occurred.
21. Concurrence by a majority of the members of the Hearing Panel is necessary in order to reach a decision that the accused is “Responsible” or “Not Responsible” on each charge. If the concurrence of a majority of the Hearing Panel cannot be reached on a charge, the charge may, at the discretion of the Judicial Liaison, be referred to the Student Life Council.
22. The decision of a Hearing Panel, including any sanctions, shall be recorded on a Hearing Panel Decision Form provided for this purpose by the Judicial Liaison.
23. The decisions of Hearing Panels are final unless: (i) timely appealed and modified or reversed upon appeal; or (ii) subsequently reviewed and modified or reversed by the Vice President of Student Development and President of the University or the President’s designate.

Any student, who knowingly interferes with or obstructs the administration of the Accountability Process or gives false testimony before a Hearing Panel, in writing or in person, shall be subject to suspension for not less than one term. Under unusual or extenuating circumstances, the penalty may be reduced to a fine of not less than $150, one-year probation, or both. In the event that a charge of false testimony, accountability interference, or obstruction is finally determined to have occurred, the Vice President for Student Development shall be obligated to investigate whether such conduct had a material impact on the outcome of the original proceeding. The Vice President shall report such finding to the President of the University for such further action or proceedings as the President determines necessary to preserve the rights of the parties in the original proceeding.

Appeals Process for Accountability Hearings

A student found “Responsible” during a hearing has the right to a single level of appeal. This appeal must be submitted within three days of the original decision to the designated Judicial Officer for the specific case, which will direct the appeal to the designated appellate authority, Vice President of Student Development or designee. An appeal of the original decision may be granted only if the appellate authority determines that:

1. the decision is manifestly unfair or unsupported by the testimony and evidence received at the hearing;
2. the hearing body failed to follow and apply designated policies and procedures and such failure resulted in material prejudice to the appealing party; or
3. one or more members of the hearing body were unfairly biased or acted with prejudice in a manner that affected the outcome of the case or violated the rights of the accused student to due process.

If the appeal is granted, the case shall be reheard, and the designated appellate authority will appoint a board to rehear the case.