(3) working days following the imposition of the sanction, the sanction will remain in effect as imposed by the Administrator)
HEARING PROCEDURES Where a sanction has been appealed, or when the hearing body reviews a case prior to the imposition of the sanction in cases of suspension or expulsion, the hearing shall proceed as follows: TIME OF HEARING The hearing shall be conducted within ten (10) working days following the receipt of the request for hearing. APPEARANCE OF PARTIES It is not necessary for the accuser to be present at the hearing, if there is otherwise sufficient evidence to support the imposition of a sanction. However, the failure of the accuser to appear at the hearing may be a sufficient basis in and of itself to justify a retraction of the sanction. If the accused fails to appear for the hearing for any reason within the accused’s control as determined solely within the discretion of the Dean of students the hearing shall be dismissed and the sanction shall remain in effect or shall be imposed based on the evidence presented by the administrator who conducted the investigation. SUBPOENA OF WITNESSES The hearing body conducting the hearing shall have the authority to subpoena any appropriate faculty member, staff member, or currently enrolled student for appearance at a duly constituted hearing. The accused, accuser, or administrator who investigated the incident may request the hearing body to subpoena any faculty member, staff member or student to appear and give sworn testimony in the hearing. The request for subpoena must be submitted to the presiding members of the body three working days prior to the scheduled hearing. In addition, the accused, the accuser, and the administrator who investigated the incident have the right to call witnesses who are not faculty members, staff members, or students and who are willing to volunteer to appear at the hearing. ADVISOR The accused may have an advisor present to represent his/her interests in a duly constituted hearing, provided they are able to find someone willing to volunteer to represent them. This advisor must be an employee of the University. The following persons are prohibited from serving as an advisor in the hearing: a) Persons who are involved in the same incident or charged with the same violation. b) Persons who have any personal knowledge of the incident, who have been involved in the investigation of the incident or who have reason to believe they may be called as a witness in the hearing board c) The President, Vice President for Administration and Student Affairs, Dean of Students, University Counsel, Campus Police, Head Resident Assistant, Resident Advisors, and Members of the Student Judiciary Board. The name of the advisor representing the accused shall be submitted in writing to the administrator or justice presiding at the time set for the hearing. RECORDING Except in the case of a suspension or expulsion of a student, hearings will not be tape-recorded. A brief set of minutes indicating the date, time, location of the hearing, persons present, key evidence, and a list of witnesses shall be maintained by the presiding administrator or justice. In the case of a possible suspension or expulsion of a student, the hearing may be tape recorded for the convenience and benefit of the University. If the hearing is tape recorded, the recording will be available to the accused, however the University makes no representation or guarantee that the recording will be of a quality that is acceptable to a student who wishes to use the tape recording for an appeal. Students who have been suspended or expelled and who may be appealing the hearing to the President are allowed to make their own tape recording of the proceeding. HEARING The hearing shall be closed to observers, unless the accused makes a written request that the hearing be open to
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