Only evidence directly related to the matter at hand will be considered for review. It is the responsibility of the chairperson of a hearing body to rule on the admissibility of evidence and on relevant and irrelevant matters. The focus of inquiry in disciplinary proceedings shall be whether or not the accused person was in violation of the Code of Conduct. The hearing chair may use his/her discretion to end the hearing at any point.
Those permitted to be present at hearings include only the following:
- Accused student (and adviser*, if desired)
- Course instructor
- Witnesses (when called)
- College of Earth and Mineral Sciences' Academic Integrity Committee
*The adviser may be any person selected by the student to accompany them in the hearing; the adviser may not speak for the student
A hearing or review may proceed with three to eight committee members present, providing at least one of those present is a student member. One of the members will serve as hearing chair. The official record of the hearing is the written report prepared by the coordinator of the college's Academic Integrity Committee, also in attendance.
The Committee convenes and reviews all evidence, and then speaks with the student and instructor and any other witnesses that may be called. The student arrives first and speaks to the Committee; the Committee may ask questions of the student. Subsequently, the instructor arrives, and is given the opportunity to speak to the Committee. The student is invited to ask questions of the instructor. (The instructor will be permitted to ask questions of the Committee, but not the student.) The instructor is thanked and dismissed when there are no more questions. The same procedure is applied to any additional witnesses, who would arrive one at a time. After all witnesses have been dismissed, there is one final opportunity for the student to speak. The student is then dismissed, and the Committee deliberates and votes on responsibility.
Paper versus Hearing Review
The student will be invited to provide an optional statement of defense and be given the opportunity of a hearing. In the event the student does not wish to provide a rebuttal statement, or receive a hearing, the evidence in support of the charges will be considered and adjudicated by the Committee.
Failure to Appear
Should a student request a hearing, and unexpectedly not attend, the evidence in support of the charges will be presented, considered and adjudicated. The hearing will not be re-scheduled.
Note: The final award of an XF grade, which is a disciplinary sanction, must include the concurrence of the individual course instructor, the Academic Integrity Committee, and the University's Office of Student Conduct. It is assigned by the later following a review of the case upon the request of the college committee.
The accused student has the right to be assisted by an adviser of his/her choice, who must be a regular administrative official, regular faculty member, or student of the University. As used in this paragraph, the words "regular" shall have the same meaning as defined in Human Resources Policies HR-103. The college does not have an obligation to provide an adviser to the accused student.
The adviser, upon request of the student, may:
- Advise the student in the preparation and presentation of a defense
- Accompany the student to all disciplinary hearings
- Advise the student in the preparation of appeals (when applicable)
The adviser shall not assume responsibility for conducting the defense of the accused student, except that the adviser may assist the student in their opening and closing statements and questioning of witnesses.
The faculty member in whose class or under whose supervision the violation occurred is invited to attend the hearing subsequent to the student’s testimony.
In all instances of graduate student cases, or any case in which the person who detects the violation is someone other than the course instructor (e.g., teaching assistant), this person may also serve as a witness, as well as the associate dean for graduate education and research for graduate student cases.
The scope of the testimony will be limited to matters relevant to the charges and the defense of the charges.
The committee, the course instructor, and/or accused student may request the presence or testimony at the hearing of any member of the University community, including the accused person(s). Records or other exhibits may also be requested. In the event any person, including the student charged and/or his/her adviser, will disrupt the hearing, that person will be excluded and the hearing will proceed in his/her absence.
Burden of Proof
The University has the burden of proof of guilt by preponderance of the evidence (not beyond a reasonable doubt, as in the courts). Burden of proof by preponderance of the evidence may be understood as more likely than not that a conclusion may be drawn based on the existing relevant and admissible evidence presented at the hearing.
A written report of the original hearing will be made consisting of:
- Charges delivered, Conduct Disposition, and other hearing documents
- Summary of the accepted testimony and evidence leading to the majority vote decision of the committee which supports certain findings
- Committee decision including precedent (if appropriate), past behavioral record, and any other considerations used in the committee rationale for the decision and the sanction
- Sanction(s) or interventions imposed (see the Sanctioning Guidelines for Violations of Academic Integrity)
The report will be submitted to the Office of the Associate Dean for Undergraduate Education for forwarding to the University Office of Student Conduct. Official notice to the student is made by the Office of the Associate Dean for Undergraduate Education.
If the committee finds the student not responsible, the matter is closed and no record goes to the Office of Student Conduct. The student is free to drop or withdraw from the course.
A new hearing may be granted by the original hearing body only if the sanction is dismissal from the academic program.