Committee on Student Conduct Hearing Procedures: Rochester

(revised March 2019)

A. Introduction

The Committee on Student Conduct (CSC) assists in implementing the Board of Regents Policy: Student Conduct Code at the University of Minnesota Rochester. The CSC provides a fair hearing to determine if a student's behavior has violated the Student Conduct Code and to determine what, if any, sanction should be imposed. Complaints of Student Conduct Code violations are referred to the CSC for a hearing by the Student Conduct Team. The CSC Panel Chair receives the complaints and manages the hearing process.

Cases involving alleged violations of Section IV, subdivision 8, Sexual Harassment, Sexual Assault Stalking and Relationship Violence of Board of Regents Policy: Student Conduct Code will be addressed as described in Administrative Policy: Sexual Harassment, Sexual Assault, Stalking and Relationship Violence.

B. Parties to the Complaint

In CSC cases, the University is the formal complainant and the accused student is the individual alleged by the University to be in violation of the Student Conduct Code. For the purpose of these procedures, the parties are identified as the University presenter and the accused student or student group.

The Student Conduct Team appoints a presenter to bring the University's case before the Committee.

The student may be accompanied by an advocate of their choice at all phases of the formal hearing process. The advocate may not participate directly in proceedings, and may only address the student in such a manner as to not disrupt the proceedings. The accused student must submit the name of any advocate to the CSC Panel Chair before the prehearing conference, and must give immediate notice to the CSC Panel Chair if a replacement advocate is selected.

The CSC Panel Chair may request a representative from the Office of the General Counsel to be present at hearing proceedings, but the representative may not serve as the University presenter.

C. Committee and Panels

The Vice Chancellor for Academic Affairs and Innovation appoints faculty, staff, and student members to the CSC. All members of the Student Conduct Team are ex officio members of the CSC.

Panels are drawn from the CSC to hear individual cases. A CSC Panel consists of the CSC Panel Chair and a panel of three (3) or more voting members. The CSC Panel Chair will be a member of the Student Conduct Team not directly involved in the alleged violation, and is not a voting member. For hearings involving cases of physical aggression/harassment or sexual assault/harassment, the panel membership will be limited to three (3) members, the minimum number needed for quorum. If the student's home campus is not Rochester, the Dean of the accused student's college will be asked to appoint a faculty, staff, or student to sit on the Panel, unless it would delay a hearing. Dean-appointed panel members have a vote and are counted in the quorum. Collegiate representation is not applicable when the accused is a student organization.

Panel members are not advocates for either side. The Panel shall fairly consider the information presented at the hearing and may ask questions of the witnesses. The Panel shall decide whether the accused student violated the Student Conduct Code and, if so, what sanctions are appropriate. The Panel may not talk privately (outside of the hearing room) about the complaint with the parties or their advocates.

E. The Complaint and Scheduling

When a complaint is not resolved informally, the member of the Student Conduct Team involved in the informal resolution will contact the remaining members of the Student Conduct Team to begin the hearing process. The CSC Panel Chair will notify the accused student of the statement of the complaint, the Student Conduct Code, and these procedures as well as appoint the University presenter.

The CSC will strive to complete a hearing within three weeks of the student's request for a hearing, not including periods when the University is not in session. The CSC Panel Chair will be responsible for scheduling a prehearing conference and the hearing, taking into account the parties' schedules as appropriate. The CSC Panel Chair generally will provide at least five days notice before the prehearing conference.

F. Student Status During the Process

An accused student ordinarily is allowed to continue the status of a student-in-good-standing pending the outcome of the CSC hearing. However, in certain cases, the Chancellor or their designee may suspend a student temporarily, pending the CSC's hearing and decision, as provided in the Student Conduct Code. In such situations, the CSC should hold a hearing as soon as possible.

In complaints of alleged scholastic dishonesty, any grade affected may be redacted from the transcript or a hold placed on the student's record preventing an official transcript from being issued pending a disposition from the Panel.

G. Prehearing Conference

The CSC Panel Chair will convene a prehearing conference to plan for the hearing and discuss the topics outlined in Appendix A.I of these procedures. The University presenter, the accused student, their advocate, and the CSC Panel Chair attend the prehearing conference. If either party does not attend the prehearing conference, the CSC Panel Chair will determine whether and how that absence will affect the scheduling and presentations at the hearing.

The parties shall be informed of the names of the CSC Panel Chair and potential members of the Panel at the prehearing conference. At that time, either party may ask that the CSC Panel Chair recuse themselves from the hearing due to a direct relationship with the case or being a reporting party or witness. At that same time, either party may challenge the panel member(s) and/or Dean-appointed representative(s) on the ground of conflict of interest or bias. The CSC Panel Chair, after hearing arguments, will decide whether a panel member should be removed from Panel. If a quorum is lost because of a successful challenge, a new person will be appointed from the CSC or by a Dean, as appropriate. A party who learns after the prehearing conference of a potential conflict must immediately notify the CSC Panel Chair of an objection.

At the prehearing conference, the parties will identify the witnesses they intend to present at the hearing. The CSC Panel Chair or the panel may, in its discretion, exclude from the hearing witnesses who were not previously identified to the other party.

The University is committed to informal resolution of complaints whenever possible. During the prehearing conference and up to 24 hours prior to a hearing, or as deemed appropriate by the Vice Chancellor of Academic Affairs and Innovation in consultation with the CSC Panel Chair, the accused student can accept the original informal resolution from the Student Conduct Team. In the case of Title IX proceedings, both parties must accept the original informal resolution for it to be applied.

H. The Hearing

1. Decorum

   The CSC Panel Chair is responsible for maintaining an orderly, fair, and respectful hearing. The CSC Panel Chair has broad authority to respond to disruptive or harassing behaviors, including adjourning the hearing or excluding the offending person.

2. Record of Hearing

   CSC complaints, prehearing conferences, and hearings are closed to the public. Guests may be permitted to attend with agreement from both parties and the CSC Panel Chair. The CSC shall keep an official recording of each hearing. No camera, TV, or other equipment other than that used by the CSC to keep the official record of the hearing will be permitted in the hearing room.

   A copy of the correspondence, the complaint and response, the exhibits presented at the hearing, the recording of the hearing, and the CSC disposition shall be maintained in a file by the Student Conduct Team.

3. Appearance

   If the accused student does not appear in person at the hearing, the Panel may elect to either (1) vote to suspend the accused student until a hearing is held or (2) vote to proceed with the hearing in the absence of the student. A student choosing not to appear may provide the Panel with a written statement signed by the student.

4. Standard of Proof

   To establish that an accused student violated the Student Conduct Code, the University presenter must persuade a majority of the Panel that it is more likely than not that the student committed the violation (also known as the “preponderance of evidence”).

5. Case Presentation

   The parties are expected to be prepared for a clear, complete, yet economical presentation of their cases. The CSC Panel Chair may impose reasonable time limits on any phase of the proceedings.

   Each party may offer reliable information relevant to the issue and may object to the information offered by the other party. The CSC Panel Chair has discretion to determine what information should fairly be included or excluded.

   The parties may also introduce relevant written documents, objects, films or other materials as exhibits. Each party is responsible for bringing copies of written materials in sufficient number for distribution to panel members and the opposing party at the hearing.

   Parties should offer witnesses in person whenever possible. Each party is responsible for getting its own witnesses to the hearing. If reasonable efforts to accommodate the schedules are not successful, the unavailability of a witness is not a ground for postponement of the hearing. If an important witness prefers not to testify, the parties may ask the CSC Panel Chair to assist in encouraging the witness to testify. When necessary, witnesses may present information by telephone or written statement. After a party's witness presents information the Panel members may ask questions. The other party may submit questions to the CSC Panel Chair for indirect questioning, subject to the Chair’s authority to maintain a fair and respectful hearing.

   The CSC Panel Chair will exclude witnesses from those parts of the hearing in which they do not testify. However, the individual who is the complaining witness for the University in a hearing involving a charge of physical aggression/harassment or sexual assault/harassment may be present in the hearing room, or participate by alternate means (ITV, telephone, etc.), throughout the proceedings, not including the deliberative session. Such a witness may also be accompanied by a support person in a non-participatory role.

I. Panel Deliberations and Decision

1. Outcome Decision

   At the end of the hearing the Panel will retire to deliberate in closed session. The CSC Panel Chair, and Panel members, as well as legal counsel to the Panel, may attend.

   The Panel decides the issues based on the information presented by the parties at the hearing and determines whether the University presenter persuaded them that the respondent violated specific provisions of the Student Conduct Code. The CSC Panel must be prepared to make a judgment based on the information provided, even if it is not complete.

   Each panel member will vote on whether the accused student is responsible for violating the Student Conduct Code for each alleged charge. A majority vote of Panel members is required to find a violation. A tie will be considered a vote of "not responsible."

2. Decision Sharing and Pre-sanctioning Information Gathering

   At this point, the accused student(s) and University presenter are informed of the decision. If the accused student is found not responsible, they are informed, thanked for their participation, and the hearing is ended.

   If an accused student is found responsible for one or more items, the Student Conduct Team will present to the Panel information regarding any previous conduct violations by the accused. The accused student will also be given an opportunity to speak on their own behalf regarding sanctioning and the impact. In cases where the actions impacted another party, that party will be given the opportunity to make a statement regarding impact as well.

3. Sanctioning

   All non-Panel members will be excused from the meeting at this time and the Panel will retire to deliberate on the sanction(s). The task of the Panel is more than determining responsibility, also one of assigning sanctions in light of the individual's record of conduct and responsiveness to opportunities, advice, and counsel. 

4. Communication

   The Panel's decision and sanction(s) will be communicated in writing by the CSC Panel Chair to the parties no later than five business days following the hearing. Only the CSC Panel Chair should share with any party verbal information about the decision or the deliberations.

J. Appeal

An accused student who is dissatisfied with the decision of the CSC may appeal it to the Chancellor's Appeal as outlined in the Board of Regents Policy: Student Conduct Code, and detailed in Appendix B. In Title IX cases, the complainant also has a right of appeal. With the exception of grades, the decision is not enforced until the appeal is resolved.

Appendix A.I: CSC Prehearing Conference Checklist

____________________________________________________

Committee on Student Conduct

Prehearing Conference

University of Minnesota Rochester and Student

Date:

Time:

Place:

Purposes for the Prehearing Conference are:

1. To identify the advocates of the parties.
2. To review the complaint.
3. To describe the procedures to be followed at the regular hearing (Appendix A.II).
4. To review the date, time, and place for the hearing.
5. To identify the panel members (three required for a quorum).
   1. If required, identify the Dean-appointed representative who has been named by the college in which the accused is registered. This person is a voting member of the panel.
   2. Poll the panel for bias, prejudice or preformed judgment.
   3. Allow both parties to challenge any of the panel members.
   4. Reduce the Panel to three members for cases of physical aggression/harassment or sexual assault/harassment.
   5. Announcement of the seating of the voting members (quorum of three required).
6. To identify and exchange the names of potential witnesses that may be scheduled to appear.
7. To share evidence/information that will be presented at the hearing, to ensure relevance and allow for adequate preparation.
8. To discuss an informal resolution of the complaint.
9. To resolve special considerations, answer other questions, or share information prior to the hearing.

Appendix A.II: CSC Order of Proceedings Checklist

Committee on Student Conduct

Order of Proceedings

1. Call to order by the CSC Panel Chair.
   1. Reminder to turn off all cell phones.
2. Announcements and opening remarks by the CSC Panel Chair, including such items as:
   1. Identification of the parties attending the hearing.
   2. Notice that the hearing is being tape recorded.
   3. Review the standard of proof.
   4. Understandings reached at the prehearing conference.
3. CSC Panel Chair opens the hearing by presentation of the complaint and alleged specific rules violation.
4. Accused student responds to the complaint (responsible or not responsible).
5. University presenter presents information about the alleged violation.
   1. As needed, additional witnesses are called in to testify.
   2. Panel members may question witness.
6. Accused student presents information about the alleged violation.
   1. As needed, additional witnesses are called in to testify.
   2. Panel members may question witness.
7. A witness may be recalled by the CSC Panel Chair to testify on specific issues at the request of a Panel member or party in the hearing.
8. Closing comments (up to five minutes each), University presenter and then accused student.
9. Panel retires to deliberate (closed meeting, not tape recorded).
   1. The Panel finds the accused responsible or not responsible for Student Conduct Code violations alleged in the complaint.
10. Accused and University presenter are recalled to room to hear decision. If accused is found not in violation, the hearing is closed. If the accused was found in violation, accused student and University presenter share information relevant to sanctioning. 
11. Panel retires to deliberate and vote on sanctions (closed meeting, not recorded).
    1. The Panel's decision will be reported in writing to the parties by the CSC Panel Chair.