3. Hearing: The assigned University judicial officer/board reviews the incident report(s) and statements presented by the complainant(s), respondent(s), and witness(es). The judicial officer/board may elect not to interview a witness who does not have first-hand knowledge of the incident, presents information that is deemed unnecessary for the deliberation process, or presents information about the involved student’s character. A student is not entitled to be present for every interview related to the case that the judicial officer/board conducts. The judicial officer/board may conduct the hearing in a student’s absence if the student does not report for a scheduled hearing, or if the student does not set an appointment for a hearing as directed. In some circumstances, the hearing process may take place over multiple meetings on multiple days. 4. Burden and standard of proof: The student responding to the reported allegation is presumed not to have violated the Student Conduct Code. The standard for determining a violation of the Student Conduct Code is preponderance of evidence. There must be persuasive information to establish that the involved student(s) “more likely than not” violated the Student Conduct Code. 5. Deliberation: The judicial officer/board may deliberate in private. Sanctioning for a Student Conduct Code violation is based upon the nature of the determined violation and any previous violations of the Student Conduct Code. 6. Notice of outcome: The judicial officer/board notifies the student of the hearing outcome in writing no later than five (5) business days after the conclusion of the hearing. The judicial officer/board must notify the student of the option to file a request for appeal. (See “Appeal Process” for further explanation.) Victims of Crimes of Violence and Non-forcible Sex Offenses Upon written request, the alleged victim of any crime of violence or nonforcible sex offense will be informed of the results of the University disciplinary proceedings against the student who is alleged to have committed the crime. A crime of violence includes arson, assault offenses, burglary, robbery, kidnapping/abduction, forcible sex offense, criminal homicide (manslaughter by negligence, murder, and non-negligent manslaughter), and destruction, damage, and vandalism of property.
Santa Clara UniverSity
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