Every student, whether the alleged victim, accused, or witness, is guaranteed due process to ensure that all parties receive equitable and judicious treatment.
Procedures
A hearing is conducted differently from legal proceedings and shall generally be conducted in accordance with the procedures listed below:
- A hearing shall be closed and not open to the public. Admission of any person into the hearing room shall be at the discretion of the Director of Student Conduct. The Director of Student Conduct shall have the authority to remove any person whose presence is deemed unnecessary or obstructive to the proceedings.
- When a hearing involves more than one Respondent, the Director of Student Conduct or designee may, at their discretion, permit the hearings to be conducted either separately or jointly.
- If a Respondent, after receiving notification, does not appear for a hearing, the hearing will proceed without the Respondent and a finding will be made based upon the information available and sanction(s) imposed, if appropriate.
- All parties shall each have the opportunity to present opening statements, present evidence and ask relevant questions.
- The Reporting Party and the Respondent may arrange for witnesses to present pertinent information to the Hearing Officer or Hearing Body. The Hearing Officer or Hearing Body, the Respondent, and Reporting Party reserve the right to question the witnesses in a manner prescribed by the Hearing Officer or Chair of the Hearing Board.
- The Respondent, Reporting Party, and any witnesses will provide information to and answer questions from the Hearing Officers or Hearing Body.
- After the portion of the hearing concludes in which all pertinent information has been received, the Hearing Officers or Hearing Body and Hearing Officer or Chair of the Hearing Board shall deliberate in private whether the Respondent has violated each section of the Code of Conduct which the respondent had been charged with violating.
- Determination shall be made based on the preponderance of the evidence, meaning whether it is more likely than not that the Respondent violated the Code.
- When a Respondent is found responsible for a violation(s), the hearing body shall continue private deliberations to impose appropriate sanction(s) and may review academic transcripts, conduct history, and impact statement(s).
- Procedural questions may be asked at any point during the hearing by any participant, with the exception of the advisor.
Additional Information
Sexual and Interpersonal Violence Procedures; Title IX Grievance Procedures
Evidence
An essential component of any hearing is the determination. The SUNY Oswego student conduct system uses preponderance of evidence as a standard of proof. A preponderance of evidence standard evaluates whether it is "more likely than not" that a violation occurred by weighing the facts that pertain to the allegation(s). Therefore, it is vital that personal statements and other information be presented clearly and factually. All participants are expected to be respectful of each other's purpose in the hearing process and to conduct themselves according to the direction of the hearing body. Each party has the right to review the evidence, as outlined in the Student Rights.
Evidence may include, but is not limited to written documents, photographs, electronic communications, spoken testimony, and videos. Requests for witnesses must be sent to the Director of Student Conduct no less than 48 hours in advance of the scheduled hearing. Witness participation is voluntary.
Hearing Officers and Participants
The Director of Student Conduct will assign three to five members of the Board. The hearing participants generally include the Reporting (or presenting) Party, Respondent(s), witnesses, advisors, the hearing officer or hearing board, and a designee from the Office of Student Conduct who serves as the non-voting Board Chair.
Recordings
Hearings may be recorded by the university and, if recorded, the university will maintain the audio recordings as required by New York state law. Recordings are the property of the university. Participants are prohibited from making their own recording. Upon written request, a Respondent or Complainant may review the audio recording and make appropriate arrangements for it to be transcribed on university premises. Arrangements for a transcriber and all associated costs involved in the transcription will be the sole responsibility of the requesting individual.
Notice of the Outcome
The Director of Student Conduct or their designee shall submit written findings of the fact, conclusions regarding the charge(s), and imposition of a sanction, if any, to the respondent(s) and any university official who is determined to have a legitimate interest in the result. Notification of the final determination will be sent to the respondent's university email account within 10 business days. Parties will be notified in the event of a delay.
- In the case of violations involving physical violence, notice of findings and sanctions imposed directly related to the complainant/reporting party shall be received by the complainant/reporting party.
- In the case of sexual misconduct, notice of findings and sanctions imposed shall also be received by the complainant and the reporting party. For sexual harassment cases, the notice of outcome and only sanctions that directly relate to the complainant of record will be shared.
- Documentation concerning any prior violation(s) of the Code by the respondent may be presented by the Director of Student Conduct to the hearing body/officer only after a finding of responsibility has been determined.