If you appeal a disciplinary action, there will be a hearing. A hearing is more formal than your student disciplinary meeting. The format of the hearing depends on your disciplinary sanction.
- The Student Conduct Committee hears cases with suspensions of more than 10 days or dismissals. A hearing with the Student Conduct Committee will have three to six decision makers (at least one student, one staff and one faculty). This is a formal hearing.
- A conduct review officer hears appeals for all other sanctions in a brief adjudicative proceeding (BAP). A BAP is an informal hearing with one decision maker, the conduct review officer.
Your notification letter will tell you who to expect at the hearing.
Hearings follow a set format and are audio recorded.
- Hearings start with opening statements from each side.
- After opening statements, the college (usually the student conduct officer) will present its case. This will include any evidence (exhibits) and witnesses. You will be able to ask questions to the witnesses.
- The college bears the burden of establishing the facts used to set the disciplinary sanction by a preponderance of the evidence. Preponderance of evidence means that something more likely than not happened.
- You will then be able to present your case. You can testify, present evidence and call witnesses.
- A hearing will end with closing statements from each party.
If the appeal involves sexual misconduct charges, both the complainant and respondent will present their cases and can call witnesses. In this situation, the complainant and respondent cannot cross examine each other. All questions must be submitted to the conduct review officer or committee chair to be asked.
At a hearing, each party may bring a non-attorney assistant or support person. You may choose this person. Please notify firstname.lastname@example.org if you plan to bring a support person to your hearing.
You can also choose to be represented by an attorney at a hearing, but this is at your own cost.
- You or your attorney must notify the committee chair or conduct review officer at least four business days before the hearing. This means sending written notice of the attorney’s identity and intent to participate. If you do not submit the notice within four days of the hearing, you waive your right to an attorney.
- The Student Conduct Committee will usually be advised by an assistant attorney general. If you are represented by an attorney, the student conduct officer may also be represented by a second, appropriately screened assistant attorney general.
Last Updated August 8, 2022