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2006-2007 Student Handbook - University of the Incarnate Word

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hearing <strong>of</strong>ficer who feels <strong>the</strong>y cannot make an objective determination must recuse himself or herself from<strong>the</strong> proceedings.4. The complainant and <strong>the</strong> accused have <strong>the</strong> right to be present at <strong>the</strong> hearing, but not duringdeliberations. If a student cannot attend, it is that student’s responsibility to notify <strong>the</strong> Dean <strong>of</strong>Campus Life no later than 24 hours before <strong>the</strong> hearing, to arrange ano<strong>the</strong>r time, place and date. Exceptin cases <strong>of</strong> grave or unforeseen circumstances, if <strong>the</strong> accused student fails to give 24 hours notice, or if<strong>the</strong> accused student fails to appear, <strong>the</strong> hearing will proceed as scheduled. If <strong>the</strong> complainant fails toappear, <strong>the</strong> complaint will be dropped unless <strong>the</strong> university chooses to pursue <strong>the</strong> allegation on its ownbehalf, as determined by <strong>the</strong> Dean <strong>of</strong> Campus Life.Except in a complaint involving failure to obey <strong>the</strong> summons <strong>of</strong> <strong>the</strong> Dean <strong>of</strong> Campus Life, no student maybe found to have violated The <strong>Student</strong> Code <strong>of</strong> Conduct solely because <strong>the</strong> student failed to appear. In allcomplaints, <strong>the</strong> information in support <strong>of</strong> <strong>the</strong> complaint will be presented and considered.C. Hearing Procedures1. The Dean <strong>of</strong> Campus Life and <strong>the</strong> <strong>Student</strong> Conduct Review Council will conduct hearings, according to<strong>the</strong> following guidelines:a. Hearings will be closed to <strong>the</strong> public.b. Admission to <strong>the</strong> hearing <strong>of</strong> persons o<strong>the</strong>r than <strong>the</strong> parties involved will be at <strong>the</strong> discretion <strong>of</strong> <strong>the</strong><strong>Student</strong> Conduct Review Council and <strong>the</strong> Dean <strong>of</strong> Campus Life.c. In hearings involving more than one student, <strong>the</strong> standard procedure will be to hear <strong>the</strong> complaintsjointly. However, <strong>the</strong> Dean <strong>of</strong> Campus Life (or designee) may permit <strong>the</strong> hearing concerning eachstudent to be conducted separately. In any joint hearing, separate determinations will be made asto <strong>the</strong> responsibility <strong>of</strong> each student accused.d. The complainant and <strong>the</strong> accused will will have <strong>the</strong> right to an advisor <strong>of</strong> his/her own choosingONLY from within <strong>the</strong> <strong>University</strong> <strong>of</strong> <strong>the</strong> <strong>Incarnate</strong> <strong>Word</strong> community. The advisor may not makea presentation or represent <strong>the</strong> complainant or <strong>the</strong> accused student during <strong>the</strong> hearing.e. The complainant, <strong>the</strong> accused student, <strong>the</strong> <strong>Student</strong> Conduct Review Council and <strong>the</strong> Dean <strong>of</strong>Campus Life will have <strong>the</strong> privilege <strong>of</strong> presenting witnesses, and questioning all parties andwitnesses.f. Pertinent records, exhibits and written statements may be accepted as information forconsideration by <strong>the</strong> <strong>Student</strong> Conduct Review Council, <strong>the</strong> Dean <strong>of</strong> Campus Life or designee.Formal rules <strong>of</strong> evidence are not observed. The Dean <strong>of</strong> Campus Life may limit <strong>the</strong> number <strong>of</strong>character witnesses presented or accept written affidavits <strong>of</strong> character instead.g. All procedural questions are subject to <strong>the</strong> final decision by <strong>the</strong> Dean <strong>of</strong> Campus Life.h. After a SCRC hearing, <strong>the</strong> Council will deliberate and determine by majority vote whe<strong>the</strong>r it is morelikely than not that <strong>the</strong> student has violated <strong>the</strong> <strong>Student</strong> Code <strong>of</strong> Conduct. The Dean <strong>of</strong> Campus Life willbe present and available as a resource during all deliberations. Once a finding is determined, if that findingis that <strong>of</strong> a policy violation, <strong>the</strong> SCRC will determine an appropriate sanction. The Dean <strong>of</strong> Campus Lifeis responsible for informing <strong>the</strong> SCRC <strong>of</strong> applicable precedent and any previous conduct violations by <strong>the</strong>accused student. The Chair will prepare a written deliberation report to <strong>the</strong> Dean <strong>of</strong> Campus Life detailing<strong>the</strong> finding, how each body member voted, <strong>the</strong> information cited by <strong>the</strong> body in support <strong>of</strong> its finding, andany information that <strong>the</strong> body excluded from its consideration, and why. This report should conclude withany recommended sanctions. This report should not exceed two pages in length, and must be submitted to<strong>the</strong> Dean <strong>of</strong> Campus Life within 48 hours after <strong>the</strong> end <strong>of</strong> deliberations. The Dean may make appropriatemodifications and <strong>the</strong>n will implement <strong>the</strong> final determination and inform <strong>the</strong> parties (in accordance with<strong>the</strong> university determination <strong>of</strong> outcomes policy) within seven (7) days after <strong>the</strong> hearing.57

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