d. Effective Questioning

Hearing Officer Script

INTRODUCTION Thank you for attending today’s hearing. I am _____________________. I will be the hearing officer for this case. I want to begin the hearing by giving you a brief overview of our student conduct process, as well as answer any questions that you might have. I’ll spend some time reviewing your rights as a student and then I will read the incident report to you followed by the alleged violations against you. You’ll have the opportunity to respond to each of the charges by indicating whether or not you believe you are responsible for each charge. After responding to the charges, I’ll invite you to share more about your statements as they pertain to the incident. After I’ve heard your testimony, I may have some questions for you, and then the hearing will be complete. When the hearing is over, I will weigh the facts and make a decision about responsibility and sanctions and you will receive my decision via your myLIU email account. PHILOSOPHY The student conduct process is designed to educate students. The purpose of the process is to help students to learn the scope of their rights and to realize the importance of their responsibility as a student citizen of the LIU campus community. This is a formal hearing: not comparable to a criminal or civil trial. For this reason, students will be found "responsible" or "not responsible" rather than “guilty” or “not guilty” . STUDENT RIGHTS As a student participating in a hearing, your rights are as follows [Share Student Rights in Conduct System sheet]. Do you understand your rights as they are stated? Do you have any questions thus far? I will now read the incident report to you. [Read incident report omitting all names except for the present party’s.] I will now read each alleged violation against you. Please share whether you feel you are responsible, not responsible or do not wish to comment on each violation. [Mark responses on procedure checklist] At this time I ask that you please share with me what happened on the day of the incident.

STUDENT GIVES STATEMENT Proceed with questions. When this is complete, ask if the student has anything to add to their statement. QUESTIONING COMPLETED I will deliberate on this case and you will receive a written copy of my decision via your myLIU email account. If you are found responsible and, believing that you meet at least one of the below criteria, wish to file an appeal, you must obtain and submit an appeals request in writing within three business days of receiving your Decision Letter at the LIU Promise Office. Appeals are granted for one of the following reasons only: 1. A procedural error unfairly and materially affected the outcome of the case. 2. Evidence has been discovered which was not reasonably available at the time of the hearing. 3. A clear abuse of discretion on the part of the hearing officer.

Effective Questioning

Below is a list of questions you should consider when questioning students and reviewing documented evidence.

Examples of Appropriate Questions for the Student:

§ Please describe what happened _________. § What were you thinking/feeling at the time? § How do you think __________ felt when you did ___________? § Describe _______ policy and its rationale. § What are your responsibilities as a community member of your residence hall? § What roommate contract agreement did you make when you selected your room/suite? o How have you violated this agreement? § What rights do you have as a resident? § How has your behavior violated the rights of others? § How are your rights protected? § Why do we have rules in our community? § What effect did your actions (or behavior) have on others? On the community? On yourself? § Explain what you hoped to accomplish through your actions. § What other options were there for you in this situation? § What was the purpose of your behavior? § How would you feel if others were engaged in comparable behavior? § What would be the consequences to the community if everyone engaged in comparable behavior? § How is your relationship with your roommate? With other students on the floor? With staff members? § How does your responsibility for living with community standards apply to your actions in this situation? § How might you react if such a situation was to come up again?