About the Hearing
What is Pre-Hearing Conference?
Pre-hearing conferences are held with the complainant and the respondent (separately) at least 7 days prior to the date of the hearing. The Coordinator for Community Standards meets with the parties involved in order to ensure that they fully understand the allegations and the university community standards violation process. The parties involved will be briefed on issues such as:
- confidentiality
- implications of the allegation(s)
- roles of the board, moderator, advocates, witnesses
- evidence submission
- opening/closing statements
- sanctions and appeals
During this conference, the complainant and respondent will also have an opportunity to review the list of board participants to determine if there is a need to eliminate board members from hearing the case due to objectivity concerns (for example, a student may not want to have his/her faculty advisor hear the case because of that relationship).
The Associate Dean of Student Affairs acts as the moderator for the hearings, but has no decision making responsibilities. The Coordinator for Community Standards is responsible for the planning of the hearing and ensuring that the complainant and respondent are being treated fairly and in accordance with the guidelines established in the Student Handbook.
What happens at a hearing?
Students often assume that hearings are like criminal court. Although some aspects of the hearing parallel the legal system, the objective is very different.
A hearing is primarily a forum for the fair presentation of various points of view concerning a specific incident and for parties to resolve issues. Hearings follow standard procedures designed to encourage orderly discussion. The participants present at the hearing are the five board members, the complainant(s), the respondent(s), the moderator and the Coordinator for Community Standards. The moderator serves as the procedural guide. Both the complainant and respondent may have an "advisor" present. This person can be anyone that the complainant and/or respondent would like to have with them for support. The advisor can be a friend, faculty member, parent, attorney or anyone that the student would choose, but the advisor cannot speak or participate in the hearing at all. If the advisor is going be an attorney, the moderator must be notified of this within three days of the hearing so that the other party involved may be contacted in order to have an opportunity to seek legal counsel. Keep in mind, that the hearing is an educational process. This is why we do not allow attorneys or other advisors to speak on behalf of the student. The board will want to hear directly from the student in order to ask critical questions and make a recommendation.
Both parties will have an opportunity to have witnesses testify at the hearing. Witnesses and character witnesses are usually asked to make statements one at a time. During UDC hearings, the board may determine which witnesses they would like to hear. If witnesses are unavailable for a hearing, witness' statements may be presented.
During the hearing, there are plenty of opportunities for board members to ask questions to the complainant, respondent, and witnesses. There are also opportunities for the complainant and respondent to ask questions of one another, but they must do so through the board. For example, if the complainant wants to ask the respondent a question, the complainant should ask the board to consider asking the respondent the question. If the board believes that the question is appropriate, a member of the board will ask the respondent to answer.
Please refer to the hearing flowchart to visualize the process. The most important thing to remember is that whatever opportunities are afforded to the complainant are also afforded to the respondent, and visa versa.
The hearing is also tape recorded (in case there is an appeal). The tape is destroyed after the appeal process is exhausted.
Other commonly asked questions about hearings
How does a person go about preparing his/her case?
For the most part, the Coordinator for Community Standards will be the primary resource to both parties in terms of procedural case preparation. This Coordinator will help students to understand the process and provide basic information about what types of questions the board may ask, how to prepare an opening and closing statement, and how to choose appropriate witnesses.
What should students wear to the hearing?
You may be wondering what type of attire is appropriate for a hearing. Since hearings are formal proceedings, it is recommended that the student(s) dress nicely. Of course, it is also important for the student(s) to be comfortable so they can be "themselves". Ultimately, the decision is up to the student. The thing to keep in mind is that the proceedings provide an opportunity to either present or respond to charges. Students should take some time to consider what type of image they hope to present.
Where are the hearings usually held?
Hearings are normally held in conference rooms across campus, such as in the University Center or other administrative buildings. The conference rooms are private rooms. If witnesses will be presented, there is normally a waiting area for them near the room.
How are the rooms arranged?
The conference room is normally set-up with the board members sitting on one side of the table, the moderator at the head of the table, and the complainant and respondent on the other side of the table, usually with some distance between them. This arrangement fosters the ability for the board members to ask questions and physically deters direct communication between the respondent and complainant. In highly emotionally cases (harassment, assault, etc.) it can be uncomfortable for the parties to be facing one another, which is another reason for this particular set-up. Please refer to the example hearing room chart.
When are hearings normally scheduled?
Residence Hall and Greek Community standards violation Boards are normally scheduled on weekday evenings (usually around 5:30 or 6 p.m.). UDCs are held during the weekday and usually begin at 9 a.m. or 1 p.m.
Classroom attendance, except for scheduled examinations, is not a reasonable excuse for delaying a hearing. The Coordinator for Community Standards will, if requested, contact faculty members whose courses were missed to indicate that the student was absent from class due to a Student Life matter. No other information will be disclosed.
What if the respondent does not show up for the hearing?
Both parties involved are expected to demonstrate good faith efforts in their participation with this process, keeping in mind that the goal of the hearing is resolution. If the respondent(s) fails to attend the hearing, the hearing will be rescheduled. The hearing group may, however, impose a fine payable to the university for failure to appear. Failure to cooperate may result in more severe penalties.
What if the respondent or complainant is uncomfortable with students being on the UDC board?
In the event that the nature of the presentable material necessary is of so private or confidential a nature that the student would be embarrassed if the information became available to another member of the student body, the student may request that the student members of the committee be replaced by non-student members. This request must be approved by the Dean of Students.
