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11824_JFKU_Catalog Front Cover.indd - John F. Kennedy University

11824_JFKU_Catalog Front Cover.indd - John F. Kennedy University

11824_JFKU_Catalog Front Cover.indd - John F. Kennedy University

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General Information• the date, time and place of the hearing.• the office at the campus where additional information regardingthe evidence may be obtained.• the name and title of the person conducting the hearingrepresenting the campus who will serve as hearing officer. thehearing officer will be the Chief Conduct officer or his/herdesignee.• notification that the student may be accompanied at the hearingby an advisor of his or her choice, who may act on his or herbehalf. Such notification must state whether the advisor may bean attorney. If the student’s advisor may be an attorney,notification that the student must inform the Chief Conductofficer of the name and address of the student’s attorney at leastfive (5) days prior to the hearing.• notification that the student named in the complaint may electto waive his or her right to a hearing by accepting therecommended sanction.• Such information as notice of an immediate suspension and/orwithdrawal of consent to remain on campus where such actionis appropriate.• A copy of these procedures or notification of where the studentmay obtain a copy without cost. If consent to remain on campushas been withdrawn from the student at the time of the noticeof hearing is sent, a copy of these procedures shall be enclosedwith the notice.the notice of hearing shall be provided to the the student(s) namedin the complaint at least ten (10) working days prior to the hearing.If all parties agree, the ten day period may be waived.the complaints stated in the notice of hearing may be amended atany time. If the amendment would require the student to prepare aresponse that is different from that required by the prior notice ofhearing, any hearing which has been scheduled shall be postponedfor a reasonable time. If the complaints are amended after a hearinghas commenced, the hearing officer may postpone the hearing fora reasonable period of time.Hearing:All hearings held under these procedures shall be conductedaccording to the following:hearings shall be closed to all persons other than the hearingofficer, the student named in the complaint (respondent), the ChiefConduct officer (if they are not conducting the hearing), a singleadvisor for the student named, a single advisor for the ChiefConduct officer, a person designated to record the hearing andthose who may have knowledge of the facts.the student may be accompanied by one advisor of his or herchoice, who may act on his or her behalf. If the campus has electedto exclude attorneys from this part of the proceedings, the advisormay not be an attorney.the hearing officer may be accompanied by one advisor of his orher choice. If the campus has elected to exclude attorneys from thispart of the proceedings, the advisor may not be an attorney.the campus and the respondent shall have the opportunity ofpresenting witnesses to the incidents described in the complaint.the hearing need not be conducted according to technical rulesrelating to evidence and witnesses. Any relevant evidence shall beadmitted if it is the sort of evidence on which responsible personsare accustomed to rely in the conduct of serious affairs. no evidenceother than that received at the hearing shall be considered by thehearing officer.the hearing officer shall make all rulings on matters relating to theconduct of the hearing, including matters regarding admission ofevidence. Any evidence deemed relevant by the hearing officershall be admitted.A tape recording may be kept of the hearing at the request of thehearing officer or the respondent. the respondent may, at his or herown expense, request a copy of such recording. no tape recordingby the respondent or other persons at the hearing shall bepermitted.the respondent shall not be found responsible for violating theStudent Code solely because he or she fails to appear at the hearing.If the respondent does not appear, the hearing shall proceed withouthim or her and a decision shall be rendered on the informationpresented.Arguments by the respondent or his or her advisor concerning thelegal (as distinguished from factual) applicability, or legal validity ofany provision with which the student is charged, or of theseprocedures shall not be addressed to the hearing officer, but to thePresident in writing within three (3) working days following theconclusion of the hearing. the President shall seek advice on thematter. Such advice shall be considered by the President before afinal decision is rendered.Where the person testifying is an alleged victim of sexual or physicalassault which is the basis for the disciplinary action, that personmay be accompanied at the hearing by another person. the otherperson is not permitted to speak or to participate directly in thehearing. Cross examination of the alleged victim shall be limited tothe alleged incident leading to the charge and the eventssurrounding the charge.the hearing officer is responsible for maintaining order, and mayestablish such rules as are necessary or appropriate to conductinga fair hearing. the hearing officer shall not permit any person tobe subjected to abusive treatment. the hearing officer may ejector exclude anyone who refuses to be orderly.Where more than one student is charged with conduct arising outof a single occurrence or out of connected multiple occurrences, ifthe Chief Conduct officer and the students named in the complaintconsent, a single hearing may be held for all of the students named.Students may request that their case be consolidated with others,or separated from others. the Chief Conduct officer shall makedeterminations regarding consolidation. the separation of one ormore cases from a group of cases previously set for a consolidatedhearing shall not be considered to affect the remaining cases in thegroup.At any time during the hearing process, the respondent may electto waive the hearing and accept a sanction recommended by theChief Conduct officer. the waiver and acceptance of therecommended sanction shall be in writing.Recommendation of the Hearing Officer:After the hearing, the hearing officer shall make findings of factand conclusions about whether the facts demonstrate a violation ofthe Student Code with which the student is charged. the hearingofficer’s determination shall be made on the basis of whether it ismore likely than not that the student charged violated the StudentCode.<strong>John</strong> F. KenneDy UnIverSIty General Information 31

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