Whenever a hearing in front of the Student Appeals Committee is to be held regarding an allegation of misconduct, the campus designee or respondent and the complainant shall be given at least three (3) business days’ notice of the charges and the date, time, and place of the hearing. Failure of the respondent to attend the hearing will result in the case being heard in his or her absence.
The order of presentation of the hearing will normally be as follows:
1. Introductions and reading of the charge(s) by the Student Appeals Committee Chair.
2. The campus designee or complainant presents an opening statement.
3. The accused presents an opening statement.
4. The campus designee or complainant presents relevant evidence and witnesses.
5. The accused may question the campus designee or complainant’s witnesses.
6. The Student Appeals Committee may question the campus designee or complainant’s witnesses.
7. The accused presents relevant evidence and witnesses.
8. The campus designee or complainant may question the witnesses of the accused.
9. The Student Appeals Committee may question the accused’s witnesses.
10. The Student Appeals Committee presents any witnesses called by the Student Appeals Committee itself.
11. First the campus designee or complainant and then the accused may question the Student Appeals Committee’s witnesses.
12. Any witness may be recalled for further questioning by any participant.
13. The campus designee or complainant presents a final statement.
14. The accused presents a final statement.
15. The Student Appeals Committee deliberates privately and renders a decision.
16. The Student Appeals Committee Chair sends to accused student the decision in writing within seven (7) business days.
The Student Appeals Committee may ask questions of witnesses at any time and also facilitate the presentation of the case. The Student Appeals Committee may call additional witnesses or seek further evidence relating to a case if the Student Appeals Committee member desires clarification or further information.
All hearings shall be closed to everyone except the Student Appeals Committee appropriate College staff, the respondent, the campus designee or complainant, the observer/recorder selected by the College, and witnesses during the actual time of their testimony. The proceedings of the Student Appeals Committee hearings are presumptively confidential. Unauthorized disclosure of information by any party or witness involved during the hearing process may lead to disciplinary action.
The respondent is entitled to be present at the hearing, to hear and respond to evidence regarding the charges, to present witnesses, and to question witnesses and other evidence.
Witnesses must be members of the College faculty, staff or student body; unless the Student Appeals Committee rules that others may appear in the interest of the case. The respondent and complainant must give the names of all relevant witnesses to the campus designee at least two (2) business days before the hearing. The respondent and complainant will have access to the names of all witnesses. It is the responsibility of the respondent and complainant to notify all witnesses of the date, time, and location of a hearing. If a witness fails to appear, the hearing shall be held in his or her absence.
All relevant information will be admissible. The chair, in consultation with the Student Appeals Committee members, will determine relevance.
All evidence and information presented to the Student Appeals Committee is expected to be truthful, accurate, and complete. Failure to give truthful and complete information at a hearing may result in disciplinary action for a witness.
Following the proceedings, the Student Appeals Committee will meet in a private session to deliberate whether the respondent is responsible or not for the charges based on the Committee’s judgment of whether it is more likely than not that misconduct has occurred. Decisions shall be based only on evidence presented at the hearing. The observer/recorder will remain in the session as a resource person, but will not participate in the deliberations. The Student Appeals Committee must reach a majority, with all members of the Student Appeals Committee giving input. The decision of the Student Appeals Committee is final.