Pre-Hearing Procedures

(a) Initiating Charges: Any person or entity (including University departments, offices, officials, community members, etc.) may request charges be filed against a student for alleged violation of federal, state or University rules or regulations. A review for possible charges may be initiated in the following ways:

1. Filing a police report with the University Police Department or requesting that a report from another law enforcement agency be sent to the University Police Department.
   
2. Providing a written and signed statement to Student Conduct and Conflict Resolution, Greek Affairs, Campus Life or University Housing. Written statements should be sent to the appropriate office responsible for handling the incident based on the person(s) involved or location of incident (see Section (4)(d), Authority). If necessary, the Vice President or designee will determine. in his or her discretion, the appropriate  hearing body to handle the matter, and whether charges will be filed.
   

(b) Filing Time: Reports must be made to either law enforcement or the appropriate administrator within ninety (90) calendar days of the incident, or knowledge about the incident. However, the  Director,  in his or her discretion,  may extend this filing time in certain cases such as stalking, sexual misconduct, domestic violence, endangerment,  where the delay may be related to issues of victimization.

(c) Notice (Charge Letter): The written notice given to charged students will include the following:

1. Notice of charge, including specific code  section and a brief description of alleged offense(s).
The charged student will be provided an opportunity to attend an information session, except in cases involving Interim Suspension as outlined in Section (17), during which the student may review all materials to be used in his/her  hearing, receive information regarding his/her  rights and the procedures used in a Student Conduct hearing, and have an opportunity to  request the forum in which the matter will be heard. In addition, the student will receive information regarding the resources available to the student in preparation for the hearing. . If a student fails to respond to a request to schedule an information session and/or attend a scheduled information session, and five (5) business days have expired since the date of the charge letter, the student waives his/her right to an information session,  will be deemed to have r requested a  University Student Conduct Committee Hearing as the hearing forum,  and a hearing will be scheduled in the student’s absence. If the charged student is a University Housing resident and a University Student Conduct Committee Hearing is not a hearing forum option for the alleged offense as provided under Section 10(c), then the student will be deemed to have chosen an Administrative Hearing as the hearing forum.

(d) Hearing Notification

1. Notice of a formal hearing including date, time, and location will be sent at least five (5) business days prior to the hearing.
2. The notice will include the names of witnesses to be called and information to be used in his/her matter.
3. Requests to postpone hearing.  Any request to postpone a hearing must be submitted in writing to the Director (or designee) at least 24 hours prior to the hearing, and must state the reason(s) for the request.  The granting of such requests shall be at the discretion of the Director or designee.
4. Failure to Appear.  If the charged student fails to appear at the scheduled hearing  the hearing will be held and a decision will be rendered in the student’s absence.
5. The charged student will be provided with the name(s) of the hearing body member(s) at least five (5) business days prior to the scheduled hearing, except in cases involving Interim Suspension as outlined in Section (17). The charged student has the right to challenge the inclusion of any member, at least three (3) calendar days prior to the scheduled hearing. The challenge must be in writing, and the student must show actual bias  (such as a conflict of interest, animosity pressure, or influence) that would preclude a fair and impartial hearing. The Vice President or designee will determine whether to grant such challenges in his or her discretion, and  the decision is final.
6. Emergency Hearing Body Appointments. In the case where a hearing body member is unable to serve due to an emergency or unforeseeable occurrence, the Vice President or designee may appoint a new hearing body member prior to the scheduled hearing. The student can challenge the inclusion of this member at the time of hearing. The challenge must be on the basis outlined in Section 8(d) 4 at the time of the hearing.
   
7. Hearings may be scheduled during class periods. Efforts will be made to avoid a class conflict, however, due to availability of persons involved in the hearing and room availability, it may not be possible.
   
8. Notices of charges (i.e., charge letter) and hearing notifications and decision/outcome letters will be sent to the student’s address on record with the University Registrar and to the student’s official University email address. Receipt of these notices at either address (physical or email) constitutes full and adequate notice under the Student Code.