Hearing Procedures and Student Rights

Rules of Decorum
The following Rules of Decorum are to be observed in all hearings and applied equally to all parties (meaning the Respondent, Complainant, Reporting Individual, Advisors, and Witnesses:

1. Questions must be conveyed in a neutral tone.
2. Parties and advisors will refer to other parties, witnesses, advisors, and institutional staff using the name and gender used by the person and shall not intentionally mis-name or mis-gender that person in communication or questioning.
3. No party may act abusively or disrespectfully during the hearing toward any other party or to witnesses, advisors, or decision-makers.
4. No one may yell, scream, badger, or physically ‘‘lean in’’ to another person’s personal space. No one may approach another person without obtaining permission from the Hearing Board Chair.
5. No one may use profanity or make irrelevant character attacks upon another person. Questions are meant to be interrogative statements used to test knowledge or understand a fact; they may not include accusations within the text of the question.
6. No one asking questions may ask repetitive questions. This includes questions that have already been asked by the Board or another party. When the Hearing Board Chair determines a question has been “asked and answered”or is otherwise not relevant, the person asking the question must move on.
7. No person may take action at the hearing that a reasonable person in the shoes of the affected party would see as intended to intimidate that person (whether party, witness, or official) into not participating in the process or meaningfully modifying their participation in the process.

Warning and Removal Process

• The Hearing Board Chair shall have sole discretion to determine if the Rules of Decorum have been violated. The Hearing Board Chair will notify the offending person of any violation of the Rules.
• Upon a second or further violation of the Rules, the Hearing Officer shall have discretion to remove the offending person or allow them to continue participating in the hearing or other part of the process. Reasonable delays, including the temporary adjournment of the hearing, may be considered should an advisor be removed.
• The Hearing Board Chair shall document any decision to remove a person in the written determination regarding responsibility.

See full policy under Sexual and Interpersonal Violence Prevention, Policies and Procedures.

• An essential component of any hearing is the determination, using a preponderance of evidence, and the weighing of 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. In an effort to be as fair as possible to the Complainant and Respondent, student conduct procedures may be modified by the Code Administrator.
• Evidence, to include but not limited to written documents, photographs, electronic communications, spoken testimony, and videos, to be presented by the Complainant(s) and Respondent(s) during any hearing should be sent to the Office of Student Conduct at least two (2) business days in advance of the scheduled hearing so it can be shared with the opposing party. The Code Administrator may, in their sole discretion, exclude evidence that has not been shared in advance of the hearing or adjourn the hearing to afford all parties the opportunity to review evidence to be presented during the hearing. The Code Administrator will make the final decision related to the admissibility of all evidence. Information presented by a student during a hearing that indicates a potential violation of the Code of Conduct may be adjudicated at a future time. Character or expert witnesses are not permitted; character letters or letters of reference are limited to two per student.

The Complainant(s) and Respondent(s) shall each have the right to:

1. Receive advance notice of the date, time, and location of any meeting or hearing they are required to or are eligible to attend. This notification will also include a written statement of the violations to the Code of Conduct that the Respondent is being charged with. Proper written notification is sent to the respondent’s university email address.
2. A prompt and impartial hearing.
3. An investigation and adjudication process conducted in a manner that recognizes the legal and policy requirements of due process, including fairness, impartiality, and a meaningful opportunity to be heard.
4. A hearing that is not conducted by individuals with a conflict of interest.
5. Request a delay of a hearing date of up to five (5) business days due to a reasonable extenuating circumstance(s). The Director of Student Conduct will determine the validity of the request and if the delay will be granted. Requests for a delay must be submitted at least two (2) business days prior to a scheduled hearing date;
6. Be notified of the proposed evidence and information to be presented and to know the identity of witnesses who have been called to speak at the hearing or provide a notarized statement for the hearing when such information is known by the Director of Student Conduct or designee prior to the hearing.
7. Present evidence, testimony, witnesses, and witness statements when deemed appropriate and relevant by the Hearing Officer or Chair of the Hearing Board.
8. Ask questions of the decision maker and via the decision maker indirectly request responses from other parties and any other witnesses present. This method is used to preserve the educational tone of the hearing and to avoid creation of an adversarial environment. It will be left to the discretion of the Hearing Officer or Chair of the Hearing Board whether or not to ask requested questions of other parties.
9. All parties may select one advisor of their choosing to accompany them in all stages of the conduct process, including incident review meetings, investigative interviews, pre-hearing conferences, and the hearing. The role of an advisor is limited to providing support and consultation before and during hearing proceedings to their advisee. The advisor may not speak or answer questions on behalf of their advisee, interject, or make arguments about the merits of the case or strength of the evidence during a hearing.
10. Respond truthfully and accurately to statements and other information presented at the hearing.
11. Present a written impact statement to the Board that outlines specific thoughts or opinions regarding an appropriate sanction. The Board or Hearing Officer is not bound by these statements in determining sanctions. 

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.

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.