To The Point Student Handbook 2013-2014

ARTICLE V - ADMINISTRATIVE HEARING / CASE RESOLUTION MEETING

Section 1:  Jurisdiction

The student conduct officer may choose to reconcile the charges of conduct violations through an administrative hearing as stated in Article IV, Section 2B of this Code.  Hearing officer(s) shall be appointed by the dean of students and will be selected to hear a case by the student conduct officer.

Students or student organizations may also be offered an alternative to the formal conduct process by pursuing a Case Resolution Meeting.  A Case Resolution Meeting is a formal meeting with the student conduct officer (or designee) to review the charges and options available to the respondent, allowing the respondent to resolve the case without a formal conduct or administrative hearing.  During a Case Resolution Meeting the student conduct officer (or designee) develops an agreement with the respondent regarding the respondent’s responsibility in the case and establishes appropriate sanctions.  Upon agreement, the respondent waives their right to an appeal.  If an agreement is not reached, the student conduct officer will schedule a conduct or administrative hearing for the alleged actions.

Section 2:  Procedures for Administrative Hearings

        A.    Administrative hearings shall be conducted according to the following guidelines:

                1.     Hearings shall be closed.  At the discretion of the hearing officer and with the consent of the respondent, observers may be admitted but shall not have the privilege of participating in the hearing.

                2.     A respondent is presumed not responsible of the charges until the contrary is established by a preponderance of evidence.

                3.     In a conduct matter involving more than one student, a student organization, or more than one student organization, severance (separate hearings) may be permitted.

                4.    The complainant may request to give testimony and allow for questioning by means other than being in the same room as the respondent.  The complainant must submit this request in writing to the student conduct officer no less than 48 hours prior to the hearing.

                5.     Both the respondent and the complainant have the right to be assisted by advisors of their own choice. Such advisors may be any member of the College community.  Advisors are present as a support and may not be active participants in the hearing process.  The student conduct officer must be notified with the name of the advisor no less than 48 hours in advance of the hearing.  Students may directly contact the student conduct officer for an advisor referral from the Student Conduct Advisors.

                6.     The respondent has the right to have an attorney present at the administrative hearing.  The student conduct officer must be notified at least 48 hours in advance of the hearing.  The attorney may not participate in the hearing, does not have a speaking role, and may not address the hearing officer. The attorney may only provide advice to the respondent.

                7.     Any party to the proceedings shall have the privilege of presenting a reasonable number of eyewitnesses.  The student conduct officer must be notified with the name(s) and statements of the eyewitnesses no less than 48 hours in advance of the hearing.  Character witnesses are not permitted at hearings.  All witnesses are subject to cross-examination by the hearing officer(s), the complainant, and the respondent.

                8.     Maryland rules of evidence do not apply to these proceedings and evidence which is reasonable and prudent shall be accepted by the hearing officer(s) at his/her discretion.  Examples of types of evidence include, but are not limited to, testimony of people such as the complainant(s), respondent(s), victims, eyewitnesses, and investigating Public Safety Officers; pictures showing the violation(s) (such as damage or vandalism, behavior, injury, etc.), which may be from both electronic and physical sources; and other types of documentation such as hospital or doctor’s reports, Residence Life, Public Safety, or Sheriff’s Office reports, etc. All evidence must be submitted no less than 48 hours in advance of the hearing to the student conduct officer.

                 9.     The hearing officer(s) shall make a decision as to whether a violation of campus conduct regulations has taken place and, if appropriate, determine sanctions.

                10.     Victims and complainants directly involved with a case may obtain outcome information from the student conduct officer on a need-to-know basis in compliance with FERPA and Title IX regulations.  The student conduct officer retains the right to keep outcome information confidential if there is insufficient reason to disclose this information.

                11.   The student conduct officer will, upon written request, disclose to the alleged victim of any crime of violence, or a non-forcible sex offense, the report on the results of any disciplinary proceeding conducted by the College against a student or student organization who is an alleged perpetrator of such crime or offense with respect to such crime or offense. If the alleged victim of such crime or offense is deceased as a result of such crime or offense, the next of kin of such victim shall be treated as the alleged victim.

 Section 3:  Sexual Misconduct Hearings

See the Sexual Misconduct Policy. 

Section 4:  Case Resolution Meetings

A Case Resolution Meeting (CRM) shall be conducted according to the following guidelines:

        1.     The student conduct officer (or designee) shall meet with the respondent to review the details of the case, pending charges and possible sanctions.

        2.     If the respondent pleads “responsible” during the CRM and an agreement is reached, the respondent then agrees to complete the outlined sanctions.

                a)     By reaching an agreement with the student conduct officer during a CRM the respondent waives the right to an appeal.

                b)     A copy of accepted sanctions will become a part of the student’s or student organization's conduct record.

        3.     If an agreement is not reached during the CRM, the respondent will proceed through a formal conduct board or administrative hearing as outlined in Article IV section 4 or Article V section 2.