Formal Resolution (Administrative Hearing)

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Per the goals of the review, we have updated any gendered language and made minor edits for spelling, punctuation and clarity.  These changes are not highlighted here.

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The procedures of an Administrative Hearing are as follows:

  1. The student(s) will be given notice regarding the alleged violation(s), the designated hearing date, time, and location, witnesses being called by the University, and any other information (e.g., security video, access records) being presented.
  2. The Hearing Officer will determine if the Administrative Hearing will be conducted in front of a Hearing Panel or if the Hearing Officer is going to proceed without a panel. Panelists will be drawn from a pool of trained faculty, staff, and students.
    a. Reasons that a Hearing Officer might determine a panel is or is not necessary:

    i. Complexity of the case or incident(s)
    ii. Previous interactions with the student(s)
    iii. Severity of the incident(s) or possible sanction(s)
    b. For cases including a charge of disruption and/or harassment, a Hearing Panel is required.
  3. The student will be assigned an advisor from the Board of Investigators and Advisors. The advisor will contact the student to schedule a time to review the case record, charges, and hearing procedures.
  4. If the student(s) identifies witnesses, they must provide a list of witnesses to the Office of the Dean of Students in advance of the hearing. Only witnesses who can provide relevant observations of the alleged behavior(s) will be allowed. Character witnesses may not present testimony, because Wake Forest students are already presumed to be of high character. If a student’s or University’s witness cannot attend the hearing, remote participation may be permitted or a written or video statement may be presented.
  5. All hearings will be audio recorded by the Office of the Dean of Students and the recording will be included in the case record. Recording by students or others is not permitted. Recesses and deliberations are not recorded. Recordings are only provided to the Judicial Council, upon appeal, and law enforcement agencies if subpoenaed.
  6. Hearings are private. Only the accused student, Panelists, Hearing Officer, witnesses, and assigned members of the Board of Investigators and Advisors are allowed in the hearing. Staff from the University Counseling Center, the SAFE Office, and the Office of the Dean of Students may serve as support persons for the student at the student’s request. Support persons are there solely for emotional support for the student.
  7. Two or more students may be scheduled to participate in a joint hearing if they are all alleged to have participated in the conduct at issue. The charge(s) and/or the alleged factual circumstances need not be identical for participation in a joint hearing.
  8. Any student scheduled to participate in a joint hearing may request a separate hearing. A request for a separate hearing must be submitted in writing to the Dean of Students, or designee, prior to the date of the scheduled hearing. The Dean of Students, or designee, will make the decision regarding the request and notify the student in writing.
  9. A student may be charged with violations in two or more unrelated incidents. Those incidents may be aggregated into a single hearing at the discretion of the Dean of Students, or designee. Any student subject to charges of two or more unrelated reported incidents of alleged misconduct is entitled to a separate hearing for each incident. A request for separate hearings must be submitted in writing to the Dean of Students, or designee, prior to the date of the scheduled hearing. The Dean of Students, or designee will make the decision regarding the request and notify the student in writing.
  10. The student shall be presumed not to have violated a conduct regulation until such a violation is proven. The standard of proof shall be preponderance of the evidence. It is the responsibility of the University to establish if the violation is more likely than not.
  11. Formal rules of evidence applied in legal cases do not apply to the Administrative Hearing process during both the investigatory and hearing phases.
  12. The students may request a delay in the hearing. Reasons for the delay, as well as a proposed length of the delay, must be included in the request, which must be submitted in writing to the Dean of Students, or designee. The Dean of Students, or designee, will make the decision regarding the request and notify the student in writing.
  13. If the hearing is delayed, either at the request of the student(s) or by need of the University, the student(s), witnesses, and assigned BIA advisor will be notified in writing.
  14. The order of the hearing will be as follows:
    a. The Hearing Officer will begin the hearing and recording.

    b. All students are introduced and an honor code oath administered to those who will provide testimony.

    c. The information presented during the hearing will be reviewed.The charge(s) will be read, and the charged will accept or deny responsibility for the charge(s).

    d. The student will be given an opportunity to provide a statement or narrative regarding the incident in question and the charge(s).

    e. The Hearing Officer and/or Panelists may question the student.

    f. As necessary, a witness or witnesses will be called into the hearing, in the order determined by the hearing officer. Each witness will be introduced and respond to the honor code oath. When an investigation has been conducted, the Investigator will present the findings of the investigation.

    g. Witness(es) will provide testimony regarding their knowledge of the incident.

    h. The Hearing Officer, Panelists, and/or the charged student(s) may question the witness(es).

    i. Information may be presented at any point during the hearing.

    j. After the witnesses have been heard and the Hearing Panel has concluded asking questions, the Hearing Officer will ask the student and/or BIA member if any additional information needs to be provided, and the student may make a closing statement.

    k. The hearing is adjourned.

  15. All procedural questions regarding a hearing are subject to the final decision of the Hearing Officer.

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