Student Handbook - Butler University

4. In the event of a hearing before the Student Conduct or Appeals Board, the vice president will
notify the student charged in writing of:
(a) The specific University rule or regulation that he/she is charged with violating.
(b) The nature of the conduct with which he/she is charged.
(c) The time and place of the Student Conduct Board conference.
5. If the charged student fails to appear or testify after having been given proper notice, the hearing
may be conducted in his/her absence based on the available information.
Rights of a Party
1. A party in a student conduct hearing may be assisted by an adviser. The adviser may act in an
advisory capacity only and may not actively participate in the procedures (e.g., advisers can not
question witnesses, provide opening or closing statements, file briefs, etc.). An adviser will not
be permitted to interfere with any procedure or hearing.
2. A party shall be given at least seven (7) days written notice of the hearing, excluding official
University vacations. A charged student may waive this notice requirement. A request for additional
time to prepare must be filed in writing with the hearing officer or dean of student services
within the above-stipulated seven (7) day time period. The campus Student Conduct Board
will convene and vote as to whether a continuance will be granted.
3. A party shall have the right to challenge, for cause, the membership of any member or members
of the campus Student Conduct Board or the University Appeals Board due to prejudice or
conflict of interest. The challenge must be stated in writing and presented to the board promptly
after the party has received notice of the hearing. The board shall deliberate in private and determine
by majority vote whether the member or members so challenged shall be excluded from
participating in the proceeding. Whether the challenged member or members shall have a vote
on the issue of their participation shall be determined by other members of the board. Members
against whom challenges are sustained shall be replaced by alternates.
4. Hearings are presumed closed, unless all participants agree to the presence of others. If a closed
hearing is held, all aspects of the hearing, including all pleas, evidence, argument, and discussion
among the members of the board shall be deemed confidential. A closed hearing shall be
restricted to the board, the party, an adviser to a party, the witnesses, and any personnel deemed
essential by the board to the work of the board. In the case of an individual student hearing, the
student may also request that his parent/guardian be present. By participating in a closed hearing
all students and members of the faculty or staff shall be deemed to have agreed to:
(a) Maintain the strict confidentiality of all aspects of the proceeding during the entire course
of the proceeding, including the period of any and all appeals, and;
(b) Accept severe sanctions in the event any such person is found to have breached the confidentiality
in any way. Whether such a person has breached the confidentiality and the
sanctions to be imposed, if any, shall be determined by the vice president, the method of
arriving at such decision remaining entirely in the judgment of the vice president.
(c) Provided, however, the party and his or her advisers shall not be so restricted that the
preparation of their respective cases to be presented to the board is impaired. Provided
further, the board in its discretion may declare any hearing to be closed at any time it
deems it necessary to assure a fair hearing to any party.
5. Within three (3) days of the receipt of a written request from a party, the hearing officer or dean
of student services shall furnish the names of all persons known to him or her to be either possible
witnesses or persons who have knowledge of relevant facts that might be material to the
controversy. Failure to comply in a timely manner with any such request shall be grounds for a
continuance by the party making the request, before the scheduled hearing date.
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