Academic and Financial Information - Directories - University of ...

and requests that the sanction be determined by an ARC; oriii. Denies responsibility and requests a hearing before anARC.ii. Hearing participantsa. Presence at hearings shall be restricted to the complainantand accused involved except as otherwise noted. The ARChearing shall be closed to the public.b. If the accused student fails to notify the review administratorof the option selected within three days of the proceduralreview, an ARC hearing will be scheduled.c. The OUJA encourages students charged in the same incidentand who choose to have an ARC Hearing, to have theircases consolidated. The OUJA reserves the right to requireconsolidation of hearings.b. The complainant and accused may elect to have an adviserpresent who may counsel but not actively participate as aspokesperson or vocal advocate in the hearing. The complainantand the accused are required to notify the hearingcommittee chair 24 hours prior to the hearing if the adviser isan attorney. A student should select an advisor whose scheduleallows attendance at the scheduled date and time for theARC hearing because delays will not normally be allowed dueto the scheduling conflicts of an advisor.b. Resolution by administrative review committee hearingc. The university ombuds may be present as an observer.i. Administrative Review Committee membersa. A pool of members shall be made available to serve on theARC. This pool shall consist of: five faculty and staff selectedby the director of the OUJA in consultation with academiccolleges; no fewer than ten student representatives selectedby the OUJA in consultation with student government association;and no fewer than four graduate or professional studentsselected by the OUJA in consultation with the graduatestudent governance association.b. The ARC shall consist of the hearing chair, two faculty orstaff selected from the ARC pool, and four undergraduate studentrepresentatives selected from the ARC student pool forundergraduate cases or two graduate students selected fromthe ARC student graduate pool for graduate cases.c. The hearing chair shall be the director of the OUJA or thedirector’s designee.d. A quorum is present for undergraduate cases when thehearing chair, one faculty or staff, and three student representativesare present. A quorum is present for graduatecases when the hearing chair, one faculty or staff and twostudent representatives are present. The hearing chair willonly vote in the case of a tie by the committee.e. The complainant or accused may challenge participation ofany committee member on the grounds of conflict of interest.Challenges must be submitted in writing to the hearingchair within three days of notice of the committee composition.The challenge must specify reasons that would preventthe individual from being unbiased with respect to the hearingproceedings. The hearing chair shall decide whether thechallenge has merit. If the challenge is granted, a substitutewill be appointed and the same option to challenge shall exist.If the hearing chair is challenged, the dean of studentsshall determine the validity of the challenge and either replaceor retain the hearing chair.d. If either party chooses not to attend the hearing, his or hernotarized written statements shall be reviewed and evaluatedbased on the information available.e. Witnesses are strongly encouraged to be present for hearings.The hearing chair, in consultation with the ARC, reservesthe right to limit the number of witnesses. Witnesses shall bepresent only when giving testimony. However, if they are unableto attend, notarized statements may be submitted.f. The hearing chair reserves the right to make appropriate accommodationsto secure the safety and comfort of all partiesand witnesses during a judicial proceeding.g. If the hearing chair elects to accept a witness’s notarizedwritten statement in lieu of in-person testimony, the identityof the witness and his or her statements shall be fully disclosedto the other party and they shall be given the opportunityto respond to such statements.iii. Hearing proceduresa. Committee hearings shall be recorded by the university.Committee deliberations shall not be recorded. Any recordof the hearing shall remain the property of the university.Either party may have post-hearing access to the recordedhearing. However, to maintain confidentiality, students arenot permitted an audio copy of the recorded hearing.b. The hearing chair, in consultation with the ARC, shall havethe right to determine the acceptability of testimony andother evidence during the hearing, and may place time limitationson testimony and on closing comments.c. The accused and the complainant shall have the right tosubmit evidence and written questions to be asked of all adversewitnesses who testify in the matter. The hearing chair,in consultation with the ARC, has the right to review and determinewhich written questions will be asked.70