The Pre-Hearing Process

• The overall purpose of a pre-hearing is to give the student(s) an opportunity to review the disciplinary process, and any documentation that resulted in the student being charged with violating the Code of Student Conduct.
• During a pre-hearing, a review of the disciplinary process will be done with student on how the process ties to the Code of Student Conduct, where documentation comes from, how charge letters are generated, why they are having the kind of hearing they are having (administrative vs. RHCB), and what they have the right to expect in the process.

Administrative Pre-Hearing

• If a student is to have an administrative pre-hearing, the purpose is to determine the student’s initial “plea” and determine whether they’re responsible for the charges.
• If a student accepts responsibility, discussion of sanctions will take place.
• If not, the student’s perspective will be discussed and any additional information that the student gives will be used to make an informed decision.
• If further investigation is required, a hearing will be scheduled for a later date.
• The Director or Assistant Director of Residence Life will serve as an administrative hearing officer in circumstances where an administrative hearing with an Area Coordinator is inappropriate.
• The Director of Residence Life may also serve as an alternate administrative hearing officer for the Residence Hall Conduct Board.
• Cases are assigned at the discretion of the Coordinator of Student Conduct Systems.

Residence Hall Conduct Board Pre-Hearing

• An administrator or staff member, usually the Director of Residence Life, will meet with the charged student(s) prior to the scheduled hearing date upon the student's request.
• The purpose of a pre-hearing in this case is to ensure that the student has information about the documentation available to board members and witnesses will be asked to attend the hearing. At this time, the student may ask any questions they might have concerning the case or regarding the hearing process.

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Hearing Process Guidelines For RHCB Hearings

 

The Purpose of a Hearing

The purpose of a Hearing is to:

• To review the charges outlined in the charge notice.
   
• To receive information regarding the alleged violation(s) of the Code of Student Conduct
   
• To make a determination as to whether or not the student is responsible for violating the Code of Student Conduct.
   
• If the student is found to be responsible, to determine an appropriate sanction.

The Hearing Process

• The Board Chair determines whether the student is accepting responsibility for a violation to the Code of Student Conduct or claims s/he is not responsible. Note: The student must indicate their “plea” for each violation with which they are charged.
   
• The Board Chair presents all of the relevant evidence. Note: This may include reading documentation to the student charged or providing a thorough and accurate summary of that information.
   
• The student being charged has the opportunity to present their perspective on the incident in question.
   
• The Chair asks for witnesses to enter the hearing. Both the person bringing the charges and the student being charged may request students to serve as witnesses. Witnesses are to be in the hearing room only during the period of time that they are providing information. When the Chair recognizes that the witness statement has been concluded, the witness will be excused.
   
• RHCB members have the opportunity to ask witnesses questions. Once this is concluded, the Chair thanks the witness and excuses them from the hearing. Note: Students being charged or students bringing charges are not permitted to cross-examine each other or the witnesses. Students may raise questions to the Chair to ask witnesses while the witness is still present, and must have an opportunity to comment on any information presented.
   
• The student being charged presents any further evidence related to the charges.
   
• Board members raise questions on what witnesses and the person being charged have presented.
   
• After all information relevant to the alleged violation(s) has been presented, the Chair indicates that the charged student may make a final summary statement if s/he chooses to do so.
   
• All persons that are not hearing board members are excused, and the board/committee goes into closed session.
   

Closed Session/The Sanctioning Process includes the following:

•  Addressing the question of whether or not the student has violated the Code of Student Conduct, unless the student has already accepted responsibility.
   
• A decision with regard to the assignment of responsibility should be made by a majority vote of the board members present, although consensus is optimal.
   
• Addressing the question of responsibility for all charges before proceeding to discuss sanctions.
   
• If there is a decision that the student is responsible for at least one violation of the Code of Student Conduct, the board proceeds to a consideration of an appropriate sanction.
   
• Decisions about appropriate sanctions include variables such as the violation involved, prior disciplinary history of the student, the response of the student during the disciplinary hearing, information received from witnesses, etc.
   
• Information regarding the student's prior disciplinary history is provided once responsibility is determined.
   
• A decision in regards to the assignment of an appropriate sanction should be made by a majority vote of the hearing board members present, although consensus is optimal.
   

Providing an Outcome

• The Chair will communicate the decision to the student in person if the student chooses to wait for the outcome.
   
• Whether or not the decision is communicated in person, a decision letter indicating the RHCB’s decision will be signed by the RHCB chairperson and sent from the Office of Student Affairs to the accused student(s). Student Senate judiciary decisions will be sent from the Student Senate, and IGC judicial board decisions from the IGC.

Purpose of Appeal

While the process of an appeal hearing with an administrator or the College Judicial Committee hearing process is fairly similar to the process followed in original administrative or board hearings, there are some key difference. These differences include:

• The purpose of an appeal hearing to review the decisions made by a hearing officer or board. Generally, this means that the case will not be re-heard. Instead, the board or administrator will review information used in the original hearing as well as any other additional information the student provided in support of their appeal. The decision made by the board or administrator hearing the appeal will be made in light of the reason identified for the basis for appeal.
   
• The student requesting an appeal identifies the reason for their appeal. The College Judicial Committee reviews the information regarding how the initial decision was made, and may make one of four decisions:
  
  
  • To grant the appeal in its entirety
  • To deny the appeal
  • To modify decisions made by the original hearing officer or board
  • Send the case back to the original hearing officer
     
• Except in extraordinary circumstances, witnesses are not part of the appeal process. During CJC hearings, those who present information during the appeal hearing are the student and administrator who made the decision. In all other appeals, the student meets individually with the administrator who is hearing the appeal. A procedural advocate may be present at the request of the student.

Reason for Appeal

You may only appeal based on one or more of the following:

•  The decision regarding the student's responsibility for a violation – The standard used to make a decision about whether or not (s)he are responsible for violating the Code of Student Conduct is closest to the term “preponderance of evidence”. This means that, based on the information available at the time, it is more likely than not that a violation has occurred. In appealing a decision regarding responsibility for a violation, the student must indicate how the decision that was made was not a reasonable conclusion based on information available to the hearing officer or board.
   
• Sanction – Appealing for this reason alleges that the sanction imposed is inappropriate or unreasonable. In the letter, (s)he must outline how the sanction was disproportionate given the violation committed.
   
• Procedural Error – Because this is not a court of law, Utica College uses the standard of “fair process” in how the student disciplinary process is carried out. This means that the hearing officer or board is expected to conduct the original hearing in conformity with procedures described in the Utica College Student Handbook in the “Rights and Responsibilities” section. Appealing on the basis of a procedural error means that one of these standards was not upheld and that it had a substantial impact on the fairness of the disciplinary process and the outcome of the hearing.
   
• New Evidence – An appeal based on “new evidence” means that the student now has additional information that was not available at the time of the hearing and that that information would have had a substantial impact on the outcome of the hearing. If the student appeals on this basis, (s)he must indicate in the letter what new information is now available, how the information is sufficient to alter the original decision, and why the information was not provided at the time of the original hearing.

Venue for Appeal

Venue

- "Venue" refers to where and with whom a hearing, or pre-hearing, takes place. When a student requests an appeal hearing, there are several venues for appeal. The venues avaialbe for appeal are based upon where the initial hearing took place. Appeal venues are as follows:

• Decisions made by the Dean of Students may be appealed to the College Judicial Committee or the appropriate administrator.
   
• Decisions made by the Coordinator of Student Conduct Systems may be appealed to Dean of Students (or his/her designee) or the College Judicial Committee.
   
• Decisions made by the Residence Hall Conduct Board may be appealed to the Coordinator of Student Conduct Systems.
   
• Decisions made by Area Coordinators may be appealed to the Director of Residence Life.
   
• Any decision may be appealed to the President when fair process is in question.

Process of Appeal

College Judicial Committee Appeals Hearing

• The College Judicial Committee consists of 9 members, 5 or more of whom must be present for a quorum in order to hold an appeals hearing. There are 3 faculty members, 3 staff members, and 3 students who make up the committee.
   
• Members of the committee will introduce themselves.
   
• The chairperson will confirm that the student(s) are appealing on the basis that has been indicated in his/her letter.
   
• The Coordinator of Student Conduct Systems (or Dean of Students, if appropriate) and the student will present their perspectives on the decision that is being appealed. Questions may be asked of each person by committee members.
   
• Occasionally, witnesses may be called, but only when providing relevant information.
   
• Any questions raised by the person appealing or the person presenting the rationale for the initial decision are addressed to the chairperson of the committee. Anything resembling “cross-examination” of one party by the other is not permitted.
   
• After all questions are asked, both parties are asked to make a concluding statement. All parties involved, with the exception of committee members, then leave the room.
   
• The Committee then makes a decision on whether to grant the appeal, modify the decision and/or the sanction, or uphold the initial decision and/or sanction.
   
• The Committee’s decision will be sent to the student in writing. The student has the option to wait for the decision, which the chairperson may deliver in person.

Appeals to the Coordinator of Student Conduct Systems or Dean of Students

• All other rights and responsibilities listed above apply.
   
• A hearing date and time is scheduled, and the Coordinator of Student Conduct Systems or Dean of Students reviews documentation, meets with the student to discuss the basis for his/her appeal, and may meet with other witnesses as well.
   
• The student will receive written confirmation of the outcome of his/her appeal once a decision is made. The student will have the option to meet with the Coordinator of Conduct Systems or the Dean of Students in person to discuss the outcome as well.

Appeals to the President

• The President of the College may be used only as the final venue of appeal when violations of fair process are in question, and will schedule hearings at his/her discretion, but may decide a case based solely on a review of the documentation.

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TIPS FOR PARTICIPATING IN YOUR CONDUCT HEARING

1. READ YOUR CHARGE LETTER! There is a great deal of important information contained in your letter, including the time and date for your hearing or pre-hearing and the violations with which you are being charged.

2. Show up for the hearing. This is your opportunity to present your perspective, and not appearing may be interpreted as disrespect for the process and additional lack of responsibility, although it will not affect findings of responsibility. If you have a conflict with the date or time, contact the person indicated as soon as you receive your letter. Otherwise, the hearing board or hearing officer can and will make a decision without your being present.

3. It is important to be prepared and take the process seriously.

4. Be honest. You are expected to provide only information that is true and accurate.

5. Be cooperative. This hearing is about your being held accountable for your own behavior, and part of what hearing officers will look for is your understanding of your own role and level of responsibility in this situation. Being uncooperative in a hearing may result in a more serious sanction.

6. Dress neatly and cleanly. This is a formal process that you are participating in, and your attire demonstrates respect for the hearing officer(s) and process.

7. You have the opportunity to have a procedural advocate that can assist through the pre-hearing and that may accompany you during the hearing. The procedural advocate is a member of the College community, and his/her role is to help you prepare for your hearing and provide support through the process. Notify the Coordinator of Student Conduct Systems as soon as possible, but no later than 48 hour before the hearing, if you wish to use an advocate.

8. During an RHCB hearing, you will be given the opportunity to make an opening statement. At this time, you may state to the board your perspective on the charges that have been brought against you, including whether or not you accept responsibility for violating the Code of Student Conduct.

9. You should read all documents related to the case prior to attending the hearing to have full understanding of what the members of the board are using to assess whether or not you are responsible for the violations. Take advantage of a pre-hearing before meeting with RHCB. Information about the pre-hearing is in your charge letter.

10. If you attend an administrative pre-hearing, information will be reviewed with you at that point. Make sure you read all of the documentation provided at that time.

11. Inform the hearing officer(s) prior to the hearing of any witnesses you would like to have on your behalf prior to the hearing. If your case is being heard through a pre-hearing and hearing with an administrator rather than a board, you will have the opportunity to provide the hearing officer with names of individuals you would like him/her to speak with.

12. You will always have the opportunity to respond to information provided by others that is being used to make a decision. However, cross-examination of witnesses in a board hearing is not permitted; be sure to follow the process of addressing any questions you have to the board rather than the witness.

13. Administrative pre-hearings and hearings will be solely with you and the administrator. If you have any questions or concerns about the information provided by witnesses, however, be sure to raise them with the hearing officer.

14. If you are questioning information provided by witnesses, do so respectfully and make sure your objections are relevant to the information provided. Making remarks about a witness’s character, for example, are likely to be more harmful for you than helpful.

15. When you are in an RHCB hearing, use the closing statement as an opportunity to make your final remarks regarding the relevant fact that have been given concerning your case. If you are not denying responsibility for the charges, you can use this opportunity to explain to the board what you have learned and suggest what sanction you may feel would be best.

16. Try making eye contact with the board members or hearing officer as you address them or they address you.

17. Do not become defensive or argumentative with the board or hearing officer. Their sole duty is to sort through the material that they have been given to determine a fair outcome, both in terms of responsibility and sanction.

18. Make sure you ask any questions you have in order to better understand any sanctions that result, but do so in a way that is not argumentative or confrontational. If you disagree with a decision, you have the right to appeal.

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