Weber State University STUDENT DUE PROCESS/RIGHTS OF PARTIES IN HEARINGS No. 6-28 Rev.
Date 6-6-91

OLD VERSION

REFERENCE

PPM 9-20, Security at Weber State University Hearings

POLICY

A. Respondent's Rights

Each respondent charged with violating this Code shall have and be informed of the right to a fair hearing, including but not limited to the following:

1. The right to written notice of the time and place of hearing and of the charge against him/her, together with a written statement of the individual's basic procedural rights, which shall be personally delivered or sent by certified mail to the respondent's last known address at least ten working days prior to the date set for the hearing;

2. The right to written notice of possible sanctions which may be imposed in the event the allegations of noncompliance are sustained by the hearing committee;

3. The right 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 with the consent of the chair;

4. The right to a fair and objective hearing committee to decide the case. Personal involvement in the incident or any form of demonstrated bias or prejudice may be sufficient reason to challenge the composition of the hearing committee;

5. The right to request, for due cause, a change in the time of the hearing;

6. The right to request that the hearing be declared a closed hearing;

7. The right to review relevant, nonprivileged information, materials, or other evidence reasonably required to prepare the defense;

8. The right to be assisted at the hearing by an advisor or any other individual of the respondent's choice and at his or her own expense;

9. The right to be informed of the identity of the person initiating the charge, the right to be present during any testimony against him or her, and, subject to reasonable limitation by the chair, the right to cross-examine such witnesses either personally or through the committee;

10. The right to produce witnesses, documentary evidence, and other materials in his or her own defense;

11. The right to testify in the respondent's own behalf, or to refuse to testify without such refusal being construed against the respondent;

12. The right to avoid being subjected to sanctions more than once on the same charge arising from the same incident.

13. The right in cases involving sexual conduct or misconduct to the exclusion of evidence pertaining to the respondent's prior sexual history.

14. The right to a written statement of the committee's decision including findings of fact and a statement of the sanctions imposed, if any, within ten working days of the hearing;

15. The right to appeal on due process grounds as set forth in Policy No. 6-30, Appeals;

B. Additional Procedural Guidelines

The respondent has the right to expect that:

1. The complainant shall bear the responsibility of showing, through a preponderance of the evidence, that adequate cause exists to continue the hearings or to find against the respondent; such a preponderance of evidence shall be determined from the record considered as a whole;

2. Adequate time, including adjournment during hearings, shall be granted to enable either party to investigate evidence to which a valid claim of surprise is made;

3. The decision will be based upon the evidence presented during the hearing;

4. A verbatim record of each hearing session shall be kept and a copy (either typewritten or electronically recorded) provided to the respondent upon request as outlined in Policy No. 6-27, Hearings. The least expensive copy shall be provided without charge;

5. Reasonable efforts will be made to obtain the most trustworthy and reliable evidence available; however, the hearing committee shall not be bound by strict rules of legal evidence, but may admit any evidence which is deemed useful in appropriately addressing the complaint or charge;

6. Publicity by anyone involved in closed proceedings should be avoided.

C. Complainant's Rights

Each complainant filing a charge shall enjoy the following rights in connection with a hearing:

1. The right to written notice of the time and place of hearing, together with a written statement of the individual's basic procedural rights, which shall be personally delivered or sent by certified mail to the complainant's last known address at least ten working days prior to the date set for the hearing;

2. The right to written notice of possible sanctions which may be imposed by the hearing committee;

3. The right 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 with the consent of the chair;

4. The right to a fair and objective hearing committee to decide the case. Personal involvement in the incident or any form of demonstrated bias or prejudice may be sufficient reason to challenge the composition of the hearing committee;

5. The right to request, for due cause, a change in the time of the hearing;

6. The right to request that the hearing be declared a closed hearing;

7. The right to review relevant, nonprivileged information, materials, or other evidence reasonably required to prepare the case;

8. The right to be assisted at the hearing by an advisor or any other individual of the complainant's choice and at his or her own expense;

9. The right to be present during any testimony, and subject to reasonable limitation by the chair, the right to cross-examine such witnesses either personally or through the committee;

10. The right to produce witnesses, documentary evidence, and other materials in support of his or her case;

11. The right to testify in the complainant's own behalf;

12. The right in cases involving sexual conduct or misconduct to the exclusion of evidence pertaining to the complainant's prior sexual history.

13. The right to a written statement of the committee's decision including findings of fact and a statement of the sanctions imposed, if any, within ten working days of the hearing;

14. The right to appeal on due process grounds as set forth in Policy No. 6-30, Appeals;

D. Additional Procedural Guidelines

The complainant has the right to expect that:

1. Any complaint brought will be reviewed in accordance with the policies outlined herein;

2. Adequate time, including adjournment during hearings, shall be granted to enable either party to investigate evidence to which a valid claim of surprise is made;

3. The university will provide adequate protection from improper retaliation or other infringements on the complainant's civil or professional rights by the respondent;

4. The decision will be based upon the evidence presented during the hearing;

5. A verbatim record of each hearing session shall be kept and a copy (either typewritten or electronically recorded) provided to the parties upon request as outlined in Policy No. 6-27, Hearings. The least costly copy shall be provided without fee;



6. Reasonable efforts will be made to obtain the most trustworthy and reliable evidence available; however, the hearing committee shall not be bound by strict rules of legal evidence, but may admit any evidence which is deemed useful in appropriately addressing the complaint or charge;

7. Publicity by anyone involved in closed proceedings should be avoided.