Elmhurst College E-Book 2013-2014

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6. A date and time for the hearing shall be set after consultation with the parties. The institution shall have discretion to alter the date and time of the hearing for good cause. 7. Hearings shall be conducted in such manner as to do substantial justice and shall be private. In hearings involving more than one student, severance shall be allowed upon request. However, in matters involving allegations of sexual assault or sexual violence, the complaining party will be afforded all of the same rights and access to information as the accused student and the complaining party will be notified of the outcome of the proceeding contemporaneously with the notice provided to the accused student. 8. In the absence of a transcript, there will be a verbatim record and/or a digest, such as a tape recording, of the hearing in cases heard by a Judicial Hearing Committee or where there is an appellate level. 9. At a scheduled judicial hearing in which the respondent student fails to appear, the judicial hearing will be conducted in absentia. 10. No recommendations for the imposition of sanctions may be based solely upon the failure of the respondent student to answer the charges or appear at the hearing. In such a case, the evidence in support of the allegations shall be presented and considered before sanctions are levied. 11. Discipline hearing procedures: a. Charges i. The Chairperson of the Judicial Hearing Committee shall advise the respondent student of his or her rights to: 1. advance notification in writing of the allegations against him or her. 2. appear alone or with an adviser (College-affiliated employee) of his or her choice to advise or assist him or her in his or her hearing. 3. provide the name of silent adviser attending the hearing 48 hours prior to the hearing. 4. present any evidence or witnesses in his or her behalf and provide the names of witnesses 48 hours in advance. 5. question all witnesses against him or her. 6. remain silent. 7. be presumed not responsible for all allegations against him or her until evidence substantiates otherwise. ii. The case is to have been prepared by an investigation officer. 1. A copy of the allegations and supportive evidence will be submitted to the committee and respondent prior to the hearing. 2. The investigation officer will present the allegations to the Judicial Hearing Committee at the hearing. 3. The respondent student may then answer the allegations, submitting evidence to substantiate their refutal of the allegations. 4. In matters involving allegations of sexual assault or sexual violence, the complaining party will be afforded all of the same rights, including the


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