STUDENT DUE PROCESS/HEARINGS	No. 6-27	Rev.
		Date 6-6-91

OLD VERSION

NOTE: EXCEPTIONS TO THE TIME DELINEATED DEADLINES CONTAINED HEREIN MAY BE MADE BY THE CHAIR OF THE HEARING COMMITTEE UPON A SHOWING OF GOOD CAUSE.

IN ADDITION, AT ANY STAGE OF THESE PROCEEDINGS, THE RESPONDENT AND THE COMPLAINANT MAY GO BACK TO AN INFORMAL RESOLUTION PROCESS AND SETTLE THE MATTER IN ACCORDANCE WITH THE PROCEDURES OUTLINED IN POLICY NO. 6-26, Informal Resolution.

REFERENCE

PPM 9-20, Security at Weber State University Hearings

I. PREHEARING PROCEDURES.

A. Any person may file a charge with the chair of a hearing committee after an attempt at informal resolution has been made or the matter has been transferred to the formal hearing level, as described in Policy No. 6-26, Informal Resolution.

Within ten working days following receipt of a charge, a hearing committee may make a nonbinding recommendation that an informal attempt at resolution be initiated, if this meeting was not held previously. Furthermore, the hearing committee may in its discretion decide not to hold a hearing on the charge if it is determined to be frivolous, without merit, based on purely personal grounds or on issues that are beyond the jurisdictional boundaries established by university policy, or if it is determined to be an abuse of the intent of due process. The decision to dismiss the charge, together with reasons therefore, shall be submitted in writing to both the complainant and the respondent. If a decision is made to dismiss the charge, any appeal must be submitted to the due process officer within ten working days following receipt of the decision.

Within ten working days following receipt of a charge, the chair shall inform the respondent in writing thereof. No adverse action or sanction may be taken against a respondent until notification of the charge has been given.

1. Written notice of the charge from the chair shall be delivered personally, or sent by certified mail, return receipt requested, to the respondent's last known address. Such notice shall contain the following:

a. A concise statement of the charge, summarizing the facts, conduct, or circumstances alleged to constitute failure to comply with university policy. A copy of the applicable sections of the PPM shall be included with this notice.

b. A list of possible sanctions which may be imposed if the allegations of noncompliance are sustained by the hearing committee.

c. The time and place of the hearing and of the prehearing conference.

d. The rights and responsibilities of the respondent and the complainant in the hearing. This provision shall be deemed satisfied if a copy of Policy No. 6-28, Rights of the Parties in Hearings, is sent to the respondent and complainant along with a copy of the charge.

e. The current membership of the hearing committee, together with notification that both the complainant and the respondent have the right to challenge the composition of the hearing committee for cause.

2. A respondent who wishes to contest the charge shall, within ten working days of receiving the charge, file a written answer to the charge with the chair. Emergencies may be grounds for a reasonable extension of the time within which an answer must be filed, but such emergencies must be of a serious and compelling nature. Failure to do so will result in the entry of the respondent's default in the premises and appropriate action will be taken by the committee. In extreme cases where the respondent is physically, mentally, or legally unable to respond to the charges, the respondent shall not be subject to sanctions on the basis of that fact alone.

3. When a charge has been filed against a respondent and criminal or civil charges on the same or closely-related acts are pending in a court of law, the hearing proceedings under university policy may be postponed at the discretion of the committee, after considering the arguments of the parties and with the concurrence of legal counsel.

4. The chair shall schedule the hearing for a time no later than thirty working days from the time the charge was initially received. An extension of time for hearing preparation may be granted by the chair if requested by the respondent or complainant for good cause.

B. At least ten working days prior to the date set for the hearing a prehearing conference will be held. The purpose of the prehearing conference is to facilitate and expedite the hearing process. The following individuals should be in attendance at the prehearing conference:

1. The chair of the hearing committee;

2. The respondent;

3. The complainant(s);

4. Advisors of the respondent and the complainant, if any;

5. If deemed appropriate by the chair, the due process officer and/or the university legal counsel may also attend.

At the prehearing conference, the complainant and the respondent may agree to waive hearing before the full committee and elect to have the matter heard by the chair acting in the capacity of an individual hearing officer.

The individuals in attendance at the prehearing conference shall decide the parameters of and delineate the issues to be examined at the hearing. At this prehearing conference the respondent and complainant shall make available to each other and to the chair upon request, a list of proposed witnesses to be called and the documentary evidence expected to be introduced at the hearing. Nothing in this paragraph shall, however, limit the parties involved from bringing additional evidence or requesting additional witnesses during the hearing, subject to the approval of the hearing committee.

At the prehearing conference each party may, with stated cause, challenge the composition of the hearing committee. In the event that member(s) of the hearing committee (other than the chair) are challenged, the chair shall rule on the challenges. In the event that the challenge is against the chair, the appropriate dean or vice president shall rule on the challenge. Appointment for the replacement member(s) shall be determined by the appropriate dean or vice president.

C. The prehearing conference may be continued or postponed upon good cause shown by any of the participating parties.

II. HEARING COMMITTEE MEMBERSHIP.

The appointment of Hearing Committees for the jurisdictional issues identified in Policy No. 6-24 Jurisdiction will be as follows:

A. Academic Issues - a hearing committee for each academic college will be appointed by the appropriate dean. The composition of the five member committee, two of whom must be students, will be faculty and students from the respective college.

B. Administrative, Behavioral, Off-Campus Behavior, and Criminal Activity/Civil Court Action Issues - a hearing committee will be appointed by the appropriate vice president. The composition of the five member hearing committee, two of whom must be students, will be members of the university community and include students, faculty, staff, and administration.

C. Student Grievances Against Faculty - grievances against faculty, other than those involving academic issues, will be in accordance with PPM Section IX Academic Freedom, Rights, Responsibilities, and Due Process.

D. Student Grievances Against Staff/Administration - a hearing committee will be appointed by the appropriate vice president. The composition of the five member hearing committee, two of whom must be students, will be students, staff and administration.

III. HEARING PROCEDURES.

A. The function of the hearing is to allow the hearing committee to make an informed judgment according to the evidence presented and the standards of conduct contained in the PPM. The hearing committee serves as both judge and jury. As jurors, they determine the nature, quality, and weight of the evidence presented to them and react as they see fit to the arguments they hear. As judges, they determine whether the evidence is relevant, decide which institutional rules or regulations apply, how they should be interpreted and used in the specific case before them, and recommend appropriate sanctions or other disposition of the case.

B. Attendance at the hearing should, in addition to the hearing committee, include those persons in attendance at the prehearing conference as specified above. A substitute or representative for any of the specified individuals may attend upon approval of the chair. A quorum shall be constituted if at least three members of the committee are present including at least one student. The committee may postpone the hearing in the event it determines that the absence of one or more individuals would jeopardize the fairness of the proceedings.

C. Hearings shall be open to the public unless the respondent or complainant requests that it be declared a closed hearing and the chair in consultation with legal counsel, determines that a closed hearing would be appropriate under the circumstances.

D. In the event of disorder or disruption during a hearing, the chair may take reasonable steps to insure order, including removal of any offending person(s).

E. Relevant records and/or documentary evidence pertaining to the case under review may be requested by either the chair or the parties. Compliance with such a request is an obligation of employment of any employee or officer of the university, except that self-incrimination and disclosure of privileged or confidential communications or records, as recognized either by law or published university regulations, are exempt.

F. The hearing shall be conducted as expeditiously as possible in order to produce a fair and reasonable judgment. The number and duration of meetings required to reach a decision shall be at the discretion of the committee.

G. Hearings shall be guided by the following considerations. Mere failure to follow any of the guidelines, however, without a showing of prejudice, shall not be construed as sufficient grounds for a charge of procedural error.

1. The meeting shall be called to order by the chair. The chair shall:

a. Introduce all persons in attendance;

b. State whether or not it is an open or closed hearing;

c. Remind all participants in a closed hearing of the confidential nature of the proceedings;

d. State the charge being considered;

e. Describe how the meeting will be conducted;

f. Inform the parties of the right of the committee to meet in closed session for deliberative proposes as needed;

g. Inform those in attendance that a record of the meeting is being kept in both written and electronically-recorded form. Written minutes shall be taken and transcribed by an individual qualified to do so. (It is not necessary, however, for this person to be a certified court reporter, nor is it necessary for a verbatim record to be transcribed or typewritten. A verbatim record is deemed to have been kept by the electronic recording.)

2. The hearing will normally begin with a statement by the complainant which specifies the grounds and general evidence upon which the charge is based. Witnesses and other evidence supporting the charge shall be presented at this time. The committee shall have the right to question the complainant and the witnesses at the completion of their testimony. The respondent shall also have this right, subject to reasonable limitation by the chair. The chair may at any time limit the scope, nature and duration of such testimony or cross-examination when it is deemed inappropriate, irrelevant, repetitious, disruptive, or otherwise of little use in the proceedings.

3. Having heard the evidence supporting the charge, the chair shall allow the respondent to make an opening statement and to present evidence, testimony, or witnesses supporting the respondent's position in the matter. The committee shall have the right to question the respondent and the witnesses at the completion of their testimony. The complainant shall also have this right, subject to reasonable limitation by the chair. The chair may at any time limit the nature, scope and duration of such testimony or cross-examination when it is deemed inappropriate, irrelevant, repetitious, disruptive, or otherwise of little use in the proceedings.

4. In the foregoing procedures involving the introduction of evidence, it is understood that each party, may have a advisor present at his or her own expense. The advisor may be an attorney. This proceeding, however, is not to be bound by formal trial procedures or by rules of evidence established for the civil and criminal courts, and the role of such individuals shall be advisory only and not that of trial lawyers. Their actions shall be subject to approval and limitation by the chair. The intent of this provision is to insure that the respondent and the complainant are afforded their right to representation while at the same time facilitating the academic nature of the proceedings.

5. Either the respondent or the complainant may request the calling of witnesses as provided for in the prehearing conference. The committee may, however, in its sole discretion, limit the number of witnesses called if it is determined that little useful or new information will be provided by additional witnesses.

6. The committee may hear testimony in whatever form of presentation it deems appropriate (e.g., verbal, written, response to examination and cross-examination, etc.). The respondent and the complainant shall, however, have the right to present a brief summary or closing statement.

7. After hearing the testimony presented and determining that it has sufficient evidence upon which to base a fair and reasonable decision, the committee shall meet in closed session for the purpose of deliberation and formulation of its decision. No written or other verbatim transcript of this closed deliberative session shall be kept. The deliberations at this point are in the nature of a jury deliberation and are to be considered closed, confidential, and private.

8. Throughout the hearing it is the responsibility of the chair to insure that written minutes of the meeting are produced in a timely and accurate manner. A copy of the minutes and/or the electronic record shall be made available to the complainant, respondent, the due process officer and/or members of the hearing committee upon request; the least costly copy shall be provided without fee. The disposition of the records of the hearing shall comply with the provisions of the Utah Government Records, Access, and Management Act, or other applicable law.

IV. FINDINGS AND REPORT OF THE HEARING.

A. A majority vote of those in attendance shall control the action of the hearing committee. The chair shall be entitled to vote. All such voting and deliberation leading to a vote shall be conducted in closed session. When the committee has concluded its deliberations, it shall prepare a written statement containing:

1. The decision,

2. The reasons for the decision, and

3. The sanction(s), if any.

Copies shall be given to the respondent, the complainant, and the due process officer within ten working days of the hearing. A copy shall be retained in the minutes of the hearing.

B. In the case of a tie vote, the recommendation shall be to dismiss the charge.

C. The respondent or complainant may appeal to the due process officer on due process grounds as described in Policy No. 6-30, Appeals.