VI. Hearing Procedures for Potential Suspension or Expulsion Cases
When cases may result in potential suspension or expulsion, the hearing officer may request that another hearing officer serve as the designee for student conduct to allow the hearing officer to facilitate the case, but not present the case. When a hearing officer is not available to serve as the designee, the Dean of Students will appoint a DSU employee to serve in this capacity.
6.1 Introduction
With all parties present, the hearing officer will call the hearing to order and then ask all parties participating in the hearing to introduce themselves and identify their role in the proceedings. The hearing officer will review the outline for the meeting. If a student is represented by an attorney or non-attorney advocate, that individual has the ability to fully participate in the hearing as previously indicated. Hearing advisors/advocates will be strongly encouraged to maintain confidentiality throughout the process. The hearing officer will dismiss witnesses until they are called to speak.
6.2 Complaint and Response
The hearing officer will introduce the case. The respondent (and/or attorney/non-attorney advocate) will be permitted to respond to the charges and present information that is relevant in determining whether the respondent violated one or more sanctions of the Code.
6.3 Presentation of Witnesses
The hearing officer and the respondent will be allowed to present witnesses who may be asked questions by the hearing officer, respondent (and/or attorney/non-attorney advocate), and Student Affairs designee. All questions will be directed to the hearing officer who will determine relevancy to the proceeding, request clarification, if necessary, ask if questions are understood, and request responses.
6.4 Final Questions
The hearing officer and complainant (and/or attorney/non-attorney advocate) will be permitted to ask questions of each other. Questions will be permitted by the Student Affairs designee, who may question either party. The hearing officer and respondent (and/or attorney/non-attorney advocate) may be permitted to ask additional questions of each other.
6.5 Closing Statements
The respondent (and/or attorney/non-attorney advocate) will have an opportunity for a closing statement.
6.6 Deliberations and Decision
If the hearing officer believes that suspension or expulsion is warranted, the hearing officer will make such a recommendation in writing to the Vice President. The Vice President will endorse such recommendation or offer alternatives. The Vice President’s decision will be returned to the hearing officer and the hearing officer will issue the written decision.
The hearing officer will provide written notice of findings to the student stating whether the Student Code of Conduct was violated. The written notice will include sanctions, and terms and conditions for continued enrollment or re-enrollment, if any. The notice will be provided in a prompt and timely manner following the hearing.