Hearings – Ram Handbook

Hearings

Hearings are administrative proceedings which are implemented to determine responsibility and devise appropriate resolutions. A Hearing is comprised of two parts: (1) the Conference and (2) the Investigation. For most complaints the Conference and Investigation occur within a single meeting wth the Hearing Officer.

Conference

The Conference is the first step of the hearing process and is held to provide the accused student and/or complainant with information related to the complaint itself and the process through which the complaint will be reviewed. The following is covered during the Conference:

(a) the accused student is provided with an opportunity to review the written complaint,

(b) involved student(s) are informed of how to access the Student Code of Conduct,

(d) involved students are provided an opportunity to discuss questions related to the Code of Conduct and the Hearing,

(e) students are informed that conduct complaint proceedings, and the information discussed within, are considered educational records and may be subject to disclosure in accordance with FERPA regulations in related criminal/civil actions or procedures,

(f) involved students are provided an opportunity to submit authenticated written statements with identified contact information from individuals with knowledge related to the complaint, and

(g) students are provided information and can ask questions on how the pending allegations will be reviewed, how information is communicated to involved parties, and availability of the appeal process.

Prior to the Hearing, the student will be notified in writing that a complaint has been made and the Student Code of Conduct Regulations alleged to have been violated. The date, time, and location of the Hearing and the name of the presiding hearing officer will also be provided in the notification. If an accused student fails to attend the Hearing and the University has made a reasonable attempt to notify the accused student, the Investigation will be initiated immediately following the Conference. Decisions will be made, and resolutions determined, based upon available information. Sanction(s), as deemed appropriate, will be assigned. The accused student will then be issued a written Hearing Resolution notification.

If the complaint involves an alleged violation of the Sexual Violence Policy (including Sexual Harassment, Gender-based Harassment, Domestic Violence, Dating Violence, Stalking and Retaliation) the complainant(s) will also have the opportunity to attend a separate Conference and will also be issued Notices of Outcome at the conclusion of the investigation.

Investigation

Investigation refers to the review of the complaint, interviews, and information gathering completed by the assigned hearing officer(s). The University reserves the right to assign more than one hearing officer to a complaint or to assign an external investigator to review the complaint. The hearing officer(s) investigates and considers information to determine the accused student’s responsibility for violations of the Student Code of Conduct. Hearings follow an investigatory model, in which hearing officers:

(a) review the complaint,

(b) request that the accused student respond to the complaint,

(d) review and investigate the complaint with the complainant,

(e) investigate the complaint further with witnesses, involved parties, or others as deemed appropriate by the hearing officer,

(f) consider documentation, records, reports, authenticated written accounts; additional information submitted by, or at the request of, the complainant or accused student related to the complaint; any other relevant documents,

(g) determine whether the accused student is responsible for one or more of the cited Student Code of Conduct Regulations based upon a preponderance of the evidence (determined by “what a reasonable person believes more likely than not to have occurred based upon the available information reviewed”),

(h) summarize information considered and set forth findings and rationale for findings; and,

(i) recommend sanctions to the Associate Dean of Students when a finding(s) of responsible has been determined. For most Hearing Resolutions, hearing officers are authorized by the Associate Dean of Students to directly assign sanctions in accordance with University precedents.

The hearing officer has the authority to independently investigate and gather additional information which may be relevant and/or related to the complaint. Once the investigation has been completed, the accused student will then be issued a written Hearing Resolution, containing findings of responsibility and associated sanctions where applicable.

The hearing officer will record hearings with the complainant, accused student, and any witnesses via either audio or video technology to the extent possible.