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Hearing

All cases assigned allegations by the University-wide Student Disciplinary Commitee will be resolved by a hearing. The complainant and respondent both have the ability to be present at the hearing. At a minimum, the two parties will be separated by a divider at the hearing and will not be able to see one another.  During the hearing the complainant and respondent will not be required, nor allowed, to speak to one another.  

If a complainant is not comfortable being in the same room with the respondent, adjustments can be made to allow the complaint to participate in a way that is comfortable. This includes, but is not limited to, closed circuit television, phone, or individual in-person time with the committee.  

The Associate Dean of Students in the University for Disciplinary Affairs will meet with the complainant and respondent separately prior to a hearing to allow time to see the hearing space and become familiar with the hearing logistics. 

Hearings generally proceed according to the following format and are managed by the committee chair:

    1.  Introduction of all parties present
    2.  Reminder to all present that:
         A. Disciplinary proceedings are distinctly different from the legal-judicial processes of the general society.
         B. 
The relation of collegiality and trust that binds all members of the University community entails an obligation of candor on the part of anyone involved in a disciplinary  proceeding.
         C. 
Information learned during the hearing process is to remain confidential.
   3.  
Overview of the hearing process and of expectations
   4.  
Dismissal of witnesses (if applicable)
   5.  
Clarification of role and expectations of the support person (if applicable)
   6.  
Statement of the allegation(s) into which the UWSDC is inquiring to determine what may have happened and whether or not sanctions are to be imposed
   7.  
Respondent is given an opportunity to accept responsibility for all, some, or none of the allegations
   8.  
Complainant (if applicable) may be given an opportunity to make a statement (the chair will decide prior to the hearing)
   9.  
Respondent may be given the opportunity to make a statement in response to the allegations (the chair will decide prior to the hearing)
   10.  
Committee members ask questions of:
         A. 
Complainant
               i. 
Respondent given the opportunity to propose questions to ask (questions are written and given to chair)
         B. 
Respondent
               i. 
Complainant given the opportunity to propose questions to ask (questions are written and given to chair)
         C. 
Investigator
               i. 
Complainant and respondent given the opportunity to propose questions to ask (questions are written and given to chair)
         D. 
Witnesses (if applicable)
         E.  
Follow-up questions of any person
   11.  
Complainant (if applicable) is given an opportunity to make a final statement
   12.  
Respondent is given the opportunity to make a final statement
   13.  
The next steps in the process are explained to the respondent and complainant (if applicable)

At the completion of the inquiry, all present who are not members of the UWSDC will be asked to leave while the Committee members deliberate on the allegation and inquiry, possible sanctions and implications of those sanctions, and come to a decision.

The UWSDC decides, by majority vote and in consideration of all of the information before it, whether it is more likely than not that the respondent’s conduct violated University policies and regulations or breached standards of behavior expected of University students.

The UWSDC can impose any sanction it sees fit to address the misconduct, up to expulsion from the University.