Student Handbook - Butler University

6. A party shall have the right to hear and ask questions of witnesses; opportunity to be informed
of the content of all written statements or other evidence; and to rebut any such evidence or challenge
its value.
7. Upon timely request, a party is entitled to obtain a written statement of the results and findings
of the hearing.
8. No member of the University community may publicly release a summary of the proceedings of
any board without the prior written approval of all parties, all participants in the hearing, and
the vice president. The decision of the board may be made public, but the accused student's
name shall not be released.
9. In the case where the hearing officer/body determines that a person has been the victim of a
crime of violence (as the term is defined by federal, state, or local law), that person will be informed
of the outcome of the hearing. That person will be expected to maintain the same level of
confidentiality as all persons related to the hearing.
10. The party has a right to one appeal, except in cases involving suspension or dismissal from the
University. (See “Appeal Process”)
11. Procedures for on-campus student conduct action in cases of alleged sexual harassment or
misconduct: (See also “Harassment, Sexual Misconduct and Sexual Harassment Policies” beginning
on page 105.
(a) The accuser and accused are entitled to the same opportunities to have an advisor and parent/guardian
present during the campus proceeding.
(b) Both the accuser and the accused will be informed of the final outcome of any campus
student conduct proceeding alleging sexual harassment or misconduct.
(h) When reasonably available, the accuser and accused will have the option of changing academic
and living situations after an alleged sexual harassment or misconduct incident, if
requested.
(i)
Students are reminded and encouraged to notify proper law enforcement authorities,
such as BUPD, of any sexual misconduct. Allegations may be pursued through law
enforcement channels as well as University conduct procedures. One may contact the Victim
Advocate (910-5572) or the Office of the Vice President for Student Affairs to discuss
these options and receive assistance in notifying the proper authorities.
Hearing Procedures for the Student Conduct or Appeals Board
1. Each board shall make its own rules for the conduct of its hearings, but the rules must include
the following:
(a)
(b)
(c)
(d)
Provisions shall incorporate the rights described in “Rights of a Party.”
A quorum for the campus Student Conduct Board shall consist of five (5) regular members,
at least one (1) of whom shall be a faculty member or administrator. Three (3)
regular members or their alternates shall be present to constitute a quorum for the University
Appeals Board. Absent or disqualified members shall be replaced by alternates.
The person bringing the charge shall have the right to present evidence in support of the
charge first. The accused shall then have the right to present his/her evidence in defense of
the charge. Such evidence shall then be followed by rebuttal evidence, if any, in the same
order.
Formal rules of evidence shall not be applicable, nor shall deviations from prescribed
procedures necessarily invalidate a decision or proceeding unless significant prejudice to a
party may result.
2. After all the evidence has been heard and arguments concluded the board shall convene in private
session to decide whether the student is responsible for the alleged violation, and to determine
the penalty, if any. All decisions shall be made by majority vote. The board will consider
the totality of the information presented at the hearing in reaching its decision. For a finding of
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