Pre-Hearing Procedures
1. Notice of Charges
When a formal hearing is required, the University will provide a statement of charges to the accused student. The statement of charges will detail the circumstances of the alleged violation, including the final investigative report and any probable cause determination. The notice also will provide a hearing date that is at least 10 business days after the notice.
2. Access to Evidence
No later than seven (7) business days prior to a scheduled hearing, both the University and the student will have access to all inculpatory and exculpatory evidence.
3. Submission of Information
No later than five (5) business days prior to a scheduled hearing, the University and the student must submit the following to the Provost:
(a) challenges to any hearing panel member;
(b) any information they wish to present at the hearing;
(c) the name(s) of their attorney(s) or advisor(s); and
(d) a list of possible witnesses and the subject(s) on which they are expected to testify. Character witnesses are not permitted.
Upon receipt of information from all participating parties, the hearing officer will review the information submitted to eliminate any redundant, irrelevant or prejudicial information.
4. Request for Postponement
At any time prior to a scheduled hearing, the University or the student may request to postpone the hearing. The hearing officer may accept or deny the request after considering the nature of the request and the incident at issue. The hearing officer’s decision is final and may not be appealed.
5. Pre-Hearing Disclosures
No later than three (3) business days prior to a scheduled hearing, the University and the student will receive a copy of the following:
(a) a list of potential witnesses;
(b) preliminary questions submitted by parties; and
(c) any other related information.
These disclosures will be provided by the Provost.
6. Pre-Hearing Materials for the Hearing Panel
No later than three (3) business days prior to a scheduled hearing, the hearing panel will receive a copy of the following:
(a) information about the parties;
(b) the final investigative report including any appendices;
(c) a list of potential witnesses;
(d) the charged policy violations;
(e) the date and location of the charged violation; and
(f) any other related information.
These disclosures will be provided by the Provost.