ADMINISTRATIVE HEARING
Incidents that could result in suspension or expulsion of an organization will be assigned to a Student Conduct Administrator for an administrative hearing. Organizations have an opportunity to submit statements, provide information, and identify any witnesses as part of the investigation. Following the investigation, the organization’s leadership, advisors, and headquarters staff, if applicable, will have an opportunity for a pre-hearing meeting with the Director of Student Rights and Responsibilities or their designee. During the pre-hearing meeting, the student will be provided all alleged violations of policy in written form, a redacted copy of all investigative materials, and an overview of the conduct process including the organization’s rights as outlined in College policies. In situations where investigative materials need to be redacted to the point where they become difficult to understand summaries of those materials can be provided to the organization instead. Organization leadership will have the opportunity to review all materials and provide any additional information to the investigator within three days.
Absent unusual circumstances, administrative hearings will be scheduled not less than three nor more than ten calendar days after the pre-hearing meeting. Organizations may request the removal of the Student Conduct Administrator if the organization leadership feels that the administrator may not be fair or impartial. This request, including the rationale, must be submitted to the Director of Student Rights & Responsibilities within three days of the pre-hearing meeting. The final decision to change the Student Conduct Administrator is at the discretion of the Director of Student Rights and Responsibilities.
During the hearing, the Student Conduct Administrator will meet with the organization’s leadership and review the information obtained during the investigation to determine if a violation of policy has occurred.
ADMINISTRATIVE HEARING PROCEDURES
A Student Conduct Administrator assigned to resolve an alleged violation will conduct an administrative hearing according to the following guidelines:
- Formal rules of process, procedure, and/or rules of evidence that are applied in criminal or civil court, are not used in organizational conduct resolutions.
- Hearings will be conducted in private and in accordance with FERPA where individual student records are also involved.
- The organization leadership may have an advisor that has previously been registered with the College or a headquarters representative if applicable present during the hearing. The advisor is not an active participant in the proceedings but can assist the organization leadership in preparing for the hearing, be present at all pre-hearing meetings, and consult with and be a support to the student leaders during the hearing recesses. The College will provide information to the advisor or headquarters representative provided the information shared complies with FERPA.
- Organization leadership and their advisor and/or headquarters representative will be allowed to attend the hearing at which information is received.
- Witnesses will not be allowed during the hearing.
- Relevant information and witness statements may be submitted for consideration by the Student Conduct Administrator. Character statements will not be accepted. Complainants may submit a student impact statement to be used in the determination of sanctions. In cases where the College serves as the complainant to protect the anonymity of an individual, an impact statement can submitted by the individual(s) that was harmed as a result of the violation.
- After the portion of the hearing concludes in which all pertinent information has been received, the administrator will determine whether the Responding Organization has violated each provision of College policy which the organization is alleged to have violated.
- The organization leadership, advisor, and headquarters representative will be notified of the decision via email within two (2) business days. If an organization is found responsible, the administrator may only communicate the decision at that point if the advisors or headquarters of an organization need to be consulted about sanctions.
- A single verbatim record, such as an audio recording, of all student organization conduct hearings will be retained. Deliberations will not be recorded. The recording is the property of the College to be used by College officials only and will be kept until the end of the appeal process, at which time it will be destroyed.
- If a Responding Organization does not appear for an administrative hearing for which they have received notification, the information in support of the alleged violations, and any information that tends to dispute the alleged violations, if known, will be presented and considered even if the Responding Organization is not present.
- The Student Conduct Administrator may accommodate concerns for the personal safety, well-being, and/or fears of confrontation of the Complainant or the representatives from the Responding Organization during the hearing by providing separate facilities, using visual screens, and/or permitting participation by telephone, videophone, closed circuit television, video conferencing, videotape, audio tape, written statements, or other means, where and as determined in the sole judgment of the Director of Student Rights & Responsibilities to be appropriate.
- All procedural questions are subject to the final decision of the Student Conduct Administrator.