Evidence not directly related to the matter at hand will not 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.
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
A hearing or review may proceed with a quorum of five committee members present, providing at least one of those present is a student member. The official record of the hearing is the written report prepared by the chair of the college's Academic Integrity Committee.
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.
Failure to Appear
No imposition of sanctions will be based solely upon the failure of the person charged to answer the charges. In the event of the refusal of the accused person to appear at the hearing, the evidence in support of the charges will be presented, considered and adjudicated.
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.