Section 8: Assisted Resolution Procedures

Formal Hearings Administrative Hearing

A hearing conducted by a Hearing Officer (Administrator) for disciplinary action and/or referral to the University Hearing Board. When an initial administrative hearing is held, the possible outcomes include: A decision not to pursue the allegation based on a lack of orinsufficient evidence. The matter should be closed and records should soindicate;

• A decision on the allegation; • A decision to proceed with additional investigation and/or referral tothe

University Hearing Board.

If a decision on the allegation is made and the finding is that the respondent is not responsible for violating a Student Code(s) of Conduct, the process will end. If the finding is that the respondent is in violation, the hearing officer conducting the administrative hearing will then determine the sanction(s) for the misconduct, which the respondent may accept and the process ends or appeal the decision (see section 10).

University Hearing Board

The purpose of a University Hearing Board is to conduct a hearing to receive testimony from the designated investigator(s), the complainant, the respondent and other witnesses, as the board deems necessary. Although the hearing procedures are to respect fundamental standards of fairness, they are not intended to be equivalent to those employed in a civil or criminal judicial process. They are set with an aim of providing the hearing board or hearing officer with the best opportunity for determining the truth of the matter’s dispute. Minor deviations from these prescribed procedures will not render a decision invalid or constitute grounds for an appeal unless a matter of fundamental fairness has been violated.

Under appropriate conditions, a university official is appointed as a facilitator to help the complainant and respondent reach a mutually satisfactory resolution. The facilitator does not make a determination about whether the university’s code/policy has been violated. However, a record of the incident and its resolution is maintained in the files of the Office of Student Development. Generally, the facilitator meets separately with the complainant and respondent. Examples of resolutions include an apology, counseling and education requirements, access restrictions, disciplinary action and/or other affirmative steps to be initiated for dismissal of the complaint.

The Dean of Students’ designee or designee will refer complaints seeking Assisted Resolution to one of the following persons, according to the status of those involved:

• If the respondent is a student, to the Director of Student Conduct or designee. • If the respondent is an employee, to the Director of HumanResources or designee.