3335-23-10 Hearing procedures.

Although the procedural requirements are not as formal as those existing in criminal or civil courts of law, to ensure fairness, the following procedures will apply and, unless already provided to the student, be included within the hearing notice:

(A)  Attendance.

Attendance at hearings is limited to those directly involved or those requested by the hearing body to attend. The hearing body will take reasonable measures to assure an orderly hearing, including removal of persons who impede or disrupt proceedings.

(B)  Advisor.

The respondent and the complainant may have an advisor throughout the disciplinary process. The advisor may only counsel the student and may not actively participate in the disciplinary process, unless clarification is needed as determined by the hearing body.

(C)  Written statements and witnesses.

The respondent and the complainant, in charges involving sexual misconduct, may submit a written statement, invite relevant factual witnesses to attend, invite character witnesses to submit written statements, ask questions of witnesses called by others, and will be notified of potential witnesses to be called. The respondent and the complainant must submit a list of potential witnesses to the hearing body at least two business days prior to the hearing. The university may present witnesses as well as question those presented by the respondent and the complainant.

(D)  Witness absence.

The hearing body may allow written statements if, for good reason, a fact witness cannot attend the hearing.

(E)  Consultants.

In cases requiring special expertise, the hearing body may appoint individuals with appropriate expertise to serve as consultants to the hearing body. The consultants may be present and provide information as called upon during the hearing but will not vote.

(F)  Standard of evidence.

A student will only be found in violation if a preponderance of evidence supports the charges. In the event of a tie, the board will continue to deliberate. If after the board determines that exhaustive deliberations have occurred and a majority decision is not reached the student will be found not in violation.

(G)  In cases where prompt review is essential (e.g., when graduation or the end of the academic year is imminent) the accused may be offered the option of an expedited administrative review consisting of an administrative decision or administrative hearing. The accused student may decline such expedited review without the expectation that the process can be completed on an expedited timeline.

(Board approval dates: 3/2/2001, 7/11/2003, 12/7/2007, 4/6/2012, 4/8/2016, 9/2/2016)