Administrative Hearings

Section 4 – Student Conduct Board, College Conduct Board, and Administrative Hearing Procedures

1. Hearings shall be closed.
2. The complainant may request to give testimony and allow for questioning by means other than being in the same room as the respondent.  The complainant must submit this request in writing to the director of student conduct no less than 48 hours prior to the hearing.
3. Complainants and respondents have the right to be assisted by an advisor of their choice to provide support through the conduct process. An advisor may not be a witness or other party to the proceeding. Complainants and respondents who wish to consult with an attorney may do so at their own expense. An advisor may be present for any pre-hearing meeting with the student’s written permission. An advisor may attend but not participate in the hearing process; the director of student conduct must be notified no less than 48 hours in advance of the hearing with the name of any advisor. Advisors have no speaking role in the hearing and are not permitted to ask or answer questions or address the hearing board. An advisor may only provide advice to the complainant or respondent in a non-disruptive manner (such as communicating in writing). Any case must be presented by the student. Students should select an advisor whose schedule allows attendance at any scheduled pre-hearing conference and hearing. Delays will not normally be allowed due to the scheduling conflicts of an advisor. All communication regarding the conduct process will be directed to the student. An advisor will not be permitted to communicate on the student’s behalf.
4. Both the respondent and complainant have the privilege of presenting a reasonable number of relevant eyewitnesses. The director of student conduct must be notified with the name(s) and statements of the eyewitnesses no less than 48 hours in advance of the hearing.  Character witnesses are not permitted at hearings. All witnesses are subject to questioning by the Conduct Board or administrative hearing officer.  The respondent, complainant, and the Conduct Board advisor may raise questions of discrepancies in the testimony with the Board or hearing officer.
5. Formal rules of evidence do not apply to these proceedings. Evidence which is reasonable and prudent shall be accepted for consideration by the Conduct Board at its discretion.  Examples of types of evidence include, but are not limited to, testimony of people such as the complainant(s), respondent(s), victims, eyewitnesses, and investigating Public Safety Officers; pictures showing the violation(s) (such as damage or vandalism, behavior, injury, etc.), which may be from both electronic and physical sources; and other types of documentation such as hospital or doctor’s reports, Residence Life, Public Safety, or Sheriff’s Office reports, etc.  All evidence must be submitted no less than 48 hours in advance of the hearing to the director of student conduct.
6. In a conduct matter involving more than one student, a student organization, and/or more than one student organization, group hearings or severance (separate hearings) may be permitted.
7. The director of student conduct shall decide upon a chairperson or select an administrative hearing officer. The chairperson/hearing officer shall declare the purpose of the hearing, introduce all members of the Conduct Board, and request the names of all persons present at the hearing.  The chairperson/hearing officer shall then explain the following guidelines:
8.  A respondent is presumed not responsible of all charges of violations of conduct until the contrary is established by a preponderance of evidence.
9. Witnesses shall be sequestered and will only be present for their own testimony and questioning.
10. The chairperson/hearing officer will read the charges, and then ask the respondent to indicate responsible or not responsible for violation of the Code of Student Conduct as charged.
11. The chairperson/hearing officer will ask the complainant (or in their absence, the advisor to the Board) to read the incident report(s).  The complainant will also be asked for any additional information for purposes of clarification.
12. Witnesses for the complainant will then be asked to give their accounts of the incident.  If the witness(es) are not in attendance, but have submitted a written statement, the advisor to the Board will read the witness statement(s).
13. At the conclusion of the presentation of each witness, both the complainant and the respondent will be given the opportunity to ask questions of the Board or hearing officer concerning any discrepancies in testimony.
14. The respondent will be asked to give an account of the incident.
15. Witnesses for the respondent will then be asked to give their accounts of the incident.
16. At the conclusion of the presentation of each witness, both the complainant and the respondent will be given the opportunity to ask questions of the Board or hearing officer concerning any discrepancies in testimony.
17. At the conclusion of the presentation of all testimony, both the complainant and the respondent will be given the opportunity to ask questions of the Board or hearing officer concerning any discrepancies in testimony.
18. Board members/hearing officers reserve the right to ask questions at any time during the course of the hearing and the right to separate witnesses from each other during presentations.  Once the board/hearing officer has completed questioning of the witnesses, the witnesses will be excused.  Further questioning of the respondent may occur.
19. When all aspects of the case have been discussed to the satisfaction of all Board members, the chairperson/hearing officer will clear the hearing room, with the exception of the Board members and the Conduct Board advisor, for the deliberation.
20. During the deliberation, the Board or administrative hearing officer will first determine the facts of the case.  The Board or hearing officer will then decide whether or not the accused student or student organization is in violation of conduct regulations as charged.  If the decision is “yes,” the Board advisor will inform the Board members of past violations and sanctions to be taken into account when determining sanction(s).  The Board or administrative hearing officer will then decide on sanctions for the respondent.  All decisions and determinations of the Board shall then be made by majority vote.  All aspects of the hearing and deliberations are confidential.
21. The respondent will be asked to return to the hearing room, and the decision will be read.  If there are multiple respondents, they will be called back in individually.  If found to be in violation, the respondent will be informed of the right to appeal as set forth in Article V of this Code.
22. At the conclusion of the conduct session, the chairperson/hearing officer will remind the Board as to the confidentiality of the proceedings and then adjourn the Board.
23. Victims and complainants directly involved with a case may obtain outcome information from the director of student conduct on a need-to-know basis in compliance with FERPA and Title IX regulations.  The director of student conduct retains the right to keep outcome information confidential if there is insufficient reason to disclose this information.
24. The director of student conduct will, upon written request, disclose to the alleged victim of any crime of violence, or a non-forcible sex offense, the report on the results of any disciplinary proceeding conducted by the College against a student or student organization that is an alleged perpetrator of such crime or offense with respect to such crime or offense.  If the alleged victim of such crime or offense is deceased, the next of kin of such victim shall be treated as the alleged victim.

Section 5:  Case Resolution Meetings

A Case Resolution meeting is a formal meeting with the director of student conduct (or designee) to review the charges and options available to the respondent, allowing the respondent to resolve the case without a formal conduct or administrative hearing.

A Case Resolution Meeting (CRM) shall be conducted according to the following guidelines:

1. The director of student conduct (or designee) shall meet with the respondent to review the details of the case, pending charges and possible sanctions.
2. If the respondent pleads “responsible” during the CRM and an agreement is reached, the respondent then agrees to complete the outlined sanctions.
   a) By reaching an agreement with the director of student conduct during a CRM the respondent waives the right to an appeal.
   b) A copy of accepted sanctions will become a part of the student’s or student organization’s conduct record.
3. If an agreement is not reached during the CRM, the respondent will proceed through a formal conduct board or administrative hearing.

Section 6: Student Organization Conduct

1. A student organization and/or its individual members may be held responsible for any violation of the Code of Student Conduct as outlined in Article II.
2. Executive board members, captains, or other identified leaders will be designated as representatives of the organization and will be responsible for attending any hearing or resolution meeting, presenting any evidence or defense, communicating the outcome to members, and/or compliance with any sanctions.
3. A student organization alleged to have violated the Code of Student Conduct, Article II, section N (Sexual Misconduct Policy) will be handled under the procedures found in the Sexual Misconduct Policy and Procedures for Resolving Complaints Against a Student (https://dev.smcm.edu/campus-rights/).
4. A student organization may be sanctioned with any sanction or combination of sanctions listed in Article VII, sections 1 and 2.
5. Any sanctions imposed through the conduct system will be separate from and may be in addition to any sanctions imposed by Athletics and Recreation or the Student Government Association.