Additional Hearing Guidelines for the Student Code of Conduct
- The student will be provided written notice of the date, time, and location of a Hearing, delivered not less than three (3) business days before the Hearing, unless the accused student requests that the notification period be waived.
- All Hearings shall be conducted in an informal manner, and technical rules of evidence will not apply. Statements of information purported to be relevant to the complaint may be considered at the discretion of the hearing officer(s). All individuals providing such information are subject to be interviewed by the hearing officer.
- If requested in advance, and determined to be an appropriate and reasonable accommodation Disability Services, notices, reports and/or written materials will be provided in an alternate format.
- All Hearings will be held in closed session.
- The accused student will have the opportunity to state whether he or she is “responsible” or “not responsible” for each alleged violation of the Student Code of Conduct.
- The accounts of individuals, other than the accused student or complainant, who are presented as having relevant information related to the complaint, may be considered by the hearing officer.
- The accused student and the complainant will be given the opportunity to present information from individuals purported to have relevant information related to the complaint. The hearing officer will determine and weigh the relevancy of information presented as part of their investigation of the complaint. Individuals providing information must be available to answer questions directed by the Hearing Officer or Ad hoc Committee during the hearing.
- All written accounts, records and/or supportive documentation presented at an Ad Hoc Committee Hearing must be provided to the Ad Hoc Committee Chair no less than 48 hours prior to the Ad Hoc Committee Hearing.
- The Dean of Students or designee may, at his or her discretion, approve alternative arrangements for parties to participate in an Ad Hoc Committee Hearing from separate locations provided a reasonable mechanism is arranged that allows for hearing and viewing information presented by both the complainant and the accused and allows for the Ad Hoc Committee Chair to communicate directly with involved parties remotely.
- Only the hearing officer may directly question the accused student, complainant or any other individual involved in any Hearing.
- The names of individuals asked to present information at an Ad Hoc Committee Hearing must be provided in writing to the Ad Hoc Committee Chair a minimum of 48 hours in advance of the hearing.
- Supportive written documentation, data or information relevant to the hearing officer(s) determination of responsibility or recommendation of sanctions for violation of the Student Code of Conduct from a source who does not have direct information related to the complaint including, but not limited to (a) a character reference (for sanction recommendation consideration only) or (b) a medical or mental health provider providing unredacted supportive documentation, may, at the discretion of the hearing officer or Ad Hoc Committee Chair, be presented provided that the information submitted is signed and notarized or signed and submitted in person by the source to the hearing officer or Ad Hoc Committee Chair, submitted in a timely manner and with the agreement that the documentation’s author/source agrees to answer questions from the hearing officer or Ad Hoc Committee Chair.
- The accused student and complainant will be given the opportunity to respond to information presented at an Ad Hoc Committee Hearing and make a closing statement prior to deliberation by the Ad Hoc Committee
- If the accused student does not attend a scheduled hearing, absence shall be noted without prejudice. The hearing shall proceed at the discretion of the hearing officer or Ad Hoc Committee Chair; and, may be conducted in the student’s absence. If a complainant does not attend a scheduled hearing, the hearing may proceed at the discretion of the hearing officer or Ad Hoc Committee Chair and be conducted in the complainant’s absence. Reported direct knowledge of incident(s) by the complainant may not be considered if the complainant is not present and available to answer questions directed by the hearing officer or Ad Hoc Committee during the hearing.
- Hearings will be controlled in order to complete the review within a reasonable amount of time and to avoid needless consumption of time and/or repetition of information.
- In an Ad Hoc Committee hearing, any committee member may request to go into private session to discuss or decide a matter. This request must be supported by a majority vote. The hearing can be recessed at any time by the chair. The chair will ensure that all procedures are appropriately followed. Following an Ad Hoc Committee hearing, decisions on each allegation and any related sanction recommendations shall be made by majority vote. A tie vote will constitute a vote of not responsible. The Chair cannot vote.
- During summer, vacation periods, and in extenuating circumstances, the hearing officer may approve alternative arrangements for individuals to participate in hearings including, but not limited to, the use of audio or video technology.
- In cases where responsibility is acknowledged or determined, but prior to the determination of the sanction, the Ad Hoc committee, or hearing officer, may consider any written character references provided by the accused student.
- In cases where responsibility is acknowledged or determined, but prior to the determination of the sanction, the Ad Hoc committee, or hearing officer, may consider any provided written statement(s) of impact submitted by the complainant(s).
- Hearing officer and Ad Hoc committee deliberations and decisions will be made in private. The hearing officer or the Ad Hoc Committee Chair will notify the Dean of Students of their determination of whether the accused student was responsible for each alleged violation of the Student Code of Conduct. If there is a responsible finding, a recommendation of sanctions will be forwarded to the Dean of Students.
- The accused student will receive written notice outlining the hearing resolution. Unless otherwise stated, notification will be made via FSU student email. University officials with a legitimate educational interest, and/or those who can be legally notified, may also be informed of all or part of the hearing outcome.
Framingham State University
RAM Student Handbook 2018-2019
All rights reserved