Hearings

Download as PDF
  1. If after an investigation, the Undergraduate Honor Council president (or designee) determines there is sufficient evidence to warrant a hearing, then a hearing will be scheduled.
  2. A finding of sufficient evidence is not a finding of wrongdoing; rather, it is a determination whether:
    1. Enough information exists as to the identity and manner of the incident to proceed; and
    2. The nature of the violation alleged is generally resolved by the Undergraduate Honor Council and not some other means.
  3. The Undergraduate Honor Council president’s determination for referral is final and not subject to appeal.
  4. All students alleged to have engaged in the instance of misconduct being considered at the hearing will have the opportunity to participate in their hearing by providing testimony.
  5. The investigator will arrange any details necessary for conducting the hearing and will inform the accused student(s) of the date, time, and location of the hearing.
  6. All students, including the accused student(s), are required to participate in full and small panel hearings conducted by the Undergraduate Honor Council. In the event an accused student refuses to participate in, or cooperate with, an Honor Council hearing, the hearing may take place without the participation of the accused student. The Undergraduate Honor Council may choose to consider a written statement in the absence of participation. Unless an in absentia hearing has been granted for a small panel hearing, the Undergraduate Honor Council in all other hearings, whether small or full panel, may consider a student’s lack of participation or cooperation in assessing a student’s dishonesty rating, described below.
  7. No Undergraduate Honor Council member may serve as a panelist when specific information regarding either the parties involved or the situation itself is known outside of the Undergraduate Honor Council process and would bias decision-making. Taking a class with involved parties or knowing them as acquaintances is not in and of itself enough to suggest bias. Panelists are responsible for determining whether they are unable to arrive at an unbiased decision and should consult Student Accountability as necessary.
Full Panel Hearing

If, after review of the investigative report, the Undergraduate Honor Council president determines that a full panel hearing is warranted, a six-member hearing panel (consisting of a presiding officer and five members) will convene to hear the case. A faculty Adviser will also be present. (For training purposes, observers may be allowed to be present, but may not speak or take part in the proceedings.)

Presentation of the investigative report

  1. The investigator is sworn in by the recording secretary.
  2. The investigator receives verbal confirmation from each panelist that the information presented in the investigative report has been reviewed.
  3. The Undergraduate Honor Council may question the investigator. At no time does the investigator express an opinion as to whether the accused is responsible or not responsible.

Testimony

  1. The accused student(s) and the accuser, if present, are allowed to be present during the presentation of all testimony. Any material witnesses called by the Council will appear separately and await their appearances alone.
  2. Accusers. If the accuser testifies in person, the presiding officer will invite the accuser to provide clarifying or supplemental information about the investigative report. The Undergraduate Honor Council may then direct its questions to the accuser. Upon conclusion of questions by the Council, the presiding officer will ask the investigator if they have any questions for the accuser. The accused may also direct questions to the accuser. In the case of the accuser's absence, the Undergraduate Honor Council will proceed to the testimony of the witness(es), if present, and/or the accused student.
  3. Material Witnesses. The Undergraduate Honor Council President or presiding officer may request material witnesses to participate in the hearing when it is determined the Council may have additional questions not covered by the investigative report. Only material witnesses who met with an investigator will be allowed to testify at the hearing. First, the presiding officer invites a general account of the events in question. The Undergraduate Honor Council may then direct its questions to the witness. Upon conclusion of questions by the Council, the presiding officer will ask the investigator if they have any questions for the material witnesses. The accuser and the accused may also direct questions to the material witnesses once the Undergraduate Honor Council and the investigator have concluded their questioning.
  4. Accused Student(s). The presiding officer presents to the accused the charges and asks if they arefamiliar with the charges, the evidence, and the possible penalties if found responsible. The accused student enters their plea of responsible or not responsible. The presiding officer invites the accused to provide clarifying or supplemental information about the investigative report. The Undergraduate Honor Council may then direct its questions to the accused. Upon conclusion of questions by the Council, the presiding officer will ask the investigator if they have any questions for the accused. The accuser may also direct questions to the accused once the Undergraduate Honor Council and the investigator have concluded their questioning.
  5. The Accuser, Material Witnesses, and Accused Student(s) may choose not to answer questions. If the presiding officer determines a question or line of questioning by an accusers or accused student(s) is irrelevant, combative, or otherwise inappropriate, then the presiding officer may choose to warn the individual. If after issuing a warning an accusers or accused student(s) continues the behavior, the presiding officer may require all additional questions be reviewed prior to being asked or remove the individual from the hearing.

Small Panel Hearing

  1. A case may proceed to a small panel hearing only if all students plead responsible, no facts surrounding the violation are in dispute, and the president determines that the likely penalty for each student involves no more than a one semester suspension.
  2. A responsible plea on its own does not guarantee that the case will proceed to a small panel or that a request for a small panel will be granted.
  3. If a student has been previously found responsible by the Undergraduate Honor Council, a full panel hearing is required.
  4. If, after review of the investigative report, the Undergraduate Honor Council president determines that a small panel is warranted, a hearing panel consisting of a faculty Adviser, a presiding officer of the Undergraduate Honor Council, and one additional Undergraduate Honor Council member will convene to hear the case. The procedures employed during a small panel hearing will be the same as those outlined above for full panel hearings.
  5. If the Undergraduate Honor Council president grants a small panel, a date, time, and location will be chosen for the hearing and notice will be provided to the accused student.
  6. A student may request for a small panel hearing to proceed in their absence (in absentia). The Undergraduate Honor Council president may grant an in absentia hearing in the president’s sole discretion. Generally, an in absentia hearing will only be granted when all other conditions for a small panel hearing have been met and no further questioning of a student is needed in order for the Undergraduate Honor Council to make its decision. If an in absentia hearing is not granted by the Undergraduate Honor Council president, the accused student is expected to appear.