2. In Level II Hearings, two trained University staff or faculty members will serve as the Hearing Officers. The Level II hearing will be chaired by a different Student Affairs staff member who will administer the hearing. 3. Level II Hearings will be conducted as soon as possible after an incident or complaint has been reported. Delays in the scheduling of Level II Hearings may occur for the following reasons: a)
The hearing officers and respondent agree to meet later.
b)
A later hearing date is necessitated by a large number of students involved in a case.
c)
There is an ongoing related investigation regarding the case, or new information is provided that necessitates further inquiry.
d)
The respondent may request one postponement of the Level II Hearing to be granted at the discretion of the hearing officer.
4. When multiple parties are involved in the same incident, the Dean of Students, or their designee, will decide whether the cases will be heard together or separately. 5. Level II Hearings are closed to the public and confidential in nature. All information reviewed for the hearing and presented at the hearing is confidential and may not be disseminated by a party or witness. 6. Only evidence introduced at the Level II Hearing will be considered in determining a respondent’s responsibility. 7. The Level II Hearing officers will make their decision on the basis of whether it is more likely than not that the respondent violated the Student Code of Conduct based on the evidence gathered during the investigation and the hearing. 8. Any person, including the respondent, who disrupts a Level II Hearing or who fails to adhere to the rulings of the hearing officer may be excluded from the Level II Hearing. 9. Level II Hearings may be recessed at any time provided all parties are notified of the reason for the recess. Both the respondent and the complainant must receive written notice of the date and time the hearing will be reconvened. 10. Any new information brought forth in a Level II Hearing which allegedly violates the Code of Conduct may result in additional charges imposed on any involved student. 11. Failure to appear for the Level II Hearing will result in the hearing being conducted in the respondent’s absence. If the respondent does not appear for the Level II Hearing, they lose the right to appeal.
Rights of All Parties in Level II Disciplinary Hearings 1. The respondent will be entitled to: a. b. c. d. e.
Written notice of charges, the name of the person(s) filing the complaint (where available and permitted by law and University policy), the opportunity to review a copy of the complaint (if available), the time and place of the Level II Hearing, and the names of all witnesses who will testify. The opportunity to present their case, ask relevant questions of the complainant and witnesses (if available) through the hearing officers, and present witnesses on their behalf. The respondent will not be permitted to question the other party or the witnesses directly. All questions will be asked by the hearing officer. The opportunity to review the information being presented at the hearing two (2) business days prior to the hearing. Not answer any questions or make any statements during a Level II Hearing. Such silence will not be used against the respondent; however, the outcome of the Level II Hearing will be based on the information (or lack thereof) presented during the hearing.
f.
Request a hearing advisor to provide support during the hearing process (see the Hearing Advisor section below).
g.
The opportunity to appeal the decision within five (5) business days from when they are notified of the decision (see the Appeals section below). The respondent may provide the names of witnesses. The names of witnesses must be submitted to the hearing officer two (2) business days prior to the hearing. Character witnesses are not permitted to attend hearings but may submit written statements to assist the hearing officers with determining sanctions, if necessary.
h.
2. The complainant(s) may be entitled to: a. Submit an impact statement to explain the emotional, physical, financial, educational, and/or other impact(s) the incident has had on their life.
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