The Interim Hearing Process for Cases of Academic Misconduct

Purpose

The interim hearing process provides students with the opportunity to have alleged academic Honor Code violation cases heard when the Honor and Ethics Council is not available, that is, between the end of classes in the spring term and the beginning of classes in the fall. The interim process may be used at other times when the Honor and Ethics Council is not available, at the discretion of the Dean of the College.

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Procedure

  1. Upon request by the student, the interim conduct process will provide a hearing before the Dean of the College or the Dean’s designee, when the availability of a hearing officer can be secured. Specifically, while the request may be made, the availability of a hearing officer will ultimately determine if an interim hearing can be scheduled.
  2. An advisory panel may be convened to hear the case with the hearing officer, at their discretion. Cases will be investigated by the Judicial Liaison or designee or a member of the Board of Investigators and Advisors (BIA).
  3. The Office of the Dean of Students will assist the student in obtaining a BIA student advisor when available.
  4. The role of the investigator is to describe the charge and present an overview. The student will have the opportunity to respond to the charge. Witnesses may be brought, but written statements are acceptable from witnesses unable to appear at the hearing.
  5. In sanctioning, the interim panel should take into consideration the guidelines provided in the sanctioning section of this document. Should a suspension result, the usual semester for suspension will be the one following the interim hearing. For hearings during the summer, the presumptive beginning for suspension is the following fall semester.

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Rights of the Accused Student in the Interim Conduct Process

  1. The student has the right to an advisor, as in the normal hearing procedure. The Office of the Dean of Students will assist the student in obtaining an advisor, which may, if the student agrees, be a staff person. The student may always choose to proceed without the assistance of an advisor.
  2. The student will not be compelled to testify, and the failure to testify will not be held against the student.
  3. No hearing will take place sooner than five (5) business days after the student is informed of the specific charges. The student may waive this right for purposes of expediency by signing a waiver statement.
  4. The student has the right to be present at all times and at all phases of the hearing except deliberation.
  5. The student has the right to appeal any decision to the Judicial Council under the normal procedures of that body.

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Credit

If a student is enrolled in a course(s) while a conduct action is pending, credit for the course(s) may be withheld until the case is resolved.

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Appeals

Grounds for appeal from a decision of the Honor and Ethics Council are:

  1. Sufficiency of the evidence to support the decision,
  2. The appropriateness of the sanction,
  3. Germane new evidence,
  4. Procedural errors that significantly impact the outcome.

Deviation of the interim conduct process from the normal procedures is not grounds for appeal.

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Records and Reporting

Audio recordings and written outline records of all Interim Conduct hearings in cases of academic misconduct are made by the hearing officer and maintained by the Office of the Dean of the College.

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