Notice, pre-hearing, and hearing processes
Notice, pre-hearing, and hearing processes
Once a determination is made that reasonable cause exists for the dean of students or designee to refer a complaint for a hearing, notice will be given to the accused student. Notice may be given via electronic mail, in writing, and may be delivered in person during a meeting with the dean of students or designee or mailed to the local or permanent address of the accused student. Once sent, such notice will be presumptively delivered.
- The letter of notice (charge letter) will state briefly a description of the incident alleged, as well as stating all policies the accused student is alleged to have violated. Relevant procedures for resolution of the complaint will be included in the notice.
- The charge letter will direct the accused student to contact the dean of students or designee within two class days to acknowledge receipt and to select, when offered the option, to have matter heard by the CHRB or an administrative hearing officer. In matters referred directly to the CHRB, the accused student is still expected to contact the dean of students or designee to acknowledge receipt of the charge letter.
- At the accused student’s request, meeting with the dean of students or designee can be arranged to explain the nature of the complaint and the conduct process.
After a student determines which option (CHRB or administrative hearing) is preferred, the dean of students or designee will schedule a hearing.
- Notice of the time, date and location of the hearing will be sent to all parties involved and to the complainant. Notification can be in person, letter, telephone, or e-mail.
- If there is an alleged victim of the conduct in question, the alleged victim may serve as the complainant, or may elect to have the college serve as complainant. Where there is no victim, the college will serve as complainant.
- If a student fails to respond to notice from the dean of students or designee, the dean of students or designee will make a reasonable effort to contact the student and if unable to do so may then initiate a complaint against the student for failure to comply with the directives of a college official, and give notice of this secondary offense. If the student fails to respond a second time to the failure to comply charge within the new two day notification deadline, the dean of students may suspend the student until such time as s/he responds to the initial complaint.
In cases being heard by the CHRB, the student will be given a minimum of five (5) class days to prepare for a hearing. In cases being heard administratively, the student will be given a minimum of three (3) days to prepare. At least three (3) class days before any scheduled hearing, the following will occur the complainant and the accused have the right to be present at the hearing, but not during deliberations. If a student cannot attend, it is that student's responsibility to notify the dean of students or designee no later than 24 hours before the hearing, to arrange another time, place and date.
- The accused student will deliver to dean of students or designee a written list of all witnesses the accused student wants the college to call on his/her behalf at the hearing, giving the full contact information of any such witness, if known;
- The accused student will deliver to dean of students or designee a written list of all items of physical evidence the accused student intends to use or needs to have present at the hearing, and will indicate who has possession or custody of such evidence, if known;
- The complainant will deliver to the dean of students or designee a written list of all witnesses the complainant wants the college to call and all physical evidence that will be used by the complainant at the hearing and will indicate who has possession or custody of such evidence, if known;
- All parties will be given the name of the hearing officer or the list of CHRB members hearing the matter. Should either party object to any members of the board, they must raise such objection in writing to the dean of students or designee immediately. Hearing officers will only be unseated if the dean of students or designee concludes that their bias precludes an impartial hearing of the complaint. Additionally, any CHRB or hearing officer who feels they cannot make an objective determination must recuse himself or herself from the proceedings.
- The parties will notify the dean of students or designee, at least twenty-four hours prior to the hearing, of the names of any advisors who may be accompanying the parties at the hearing;
- The dean of students or designee will ensure that this information and any other available written documentation is shared between the complainant and accused student approximately twenty-four hours before any scheduled hearing.
The complainant and the accused have the right to be present at the hearing, but not during deliberations. If a student cannot attend, it is that student's responsibility to notify the dean of students or designee no later than 24 hours before the hearing, to arrange another time, place and date.
Except in a complaint involving failure to comply with a college official; specifically to obey the summons of the dean of students or designee, no student may be found to have violated The Student Code of Conduct solely because the student failed to appear. At all hearings, the information in support of the complaint will be presented and considered.
If the student fails to appear at the board or administrative hearing and proper notification has been verified, the hearing will not proceed. Instead, the accused student will be given notice of violating the Code of Conduct for failure to comply with the directives of a college official. The hearing will be re-scheduled and the failure to comply charges will be added to the original charge. If the accused student does not appear at the second hearing, s/he may be suspended by the dean of students until such time as they decide to comply by appearing for the hearing on both the first allegation and the failure to comply charge.