| The
Student Conduct Board and hearings
1. Any
person or agency of the University may file a complaint alleging
a violation of the University's standards of student conduct, published
in the Trinity University Student Handbook. The Student
Conduct Board is authorized to investigate any alleged violation of
standards of student conduct, except in the cases listed below,
as determined in consultation with the dean of students. (All
other cases are heard by the University Conduct Board.)
a. Offenses
where felony prosecution is anticipated or possible.
b. Offenses
that arise while the Student Conduct Board is not in session (for
example during semester break or summer sessions).
c. Offenses
that are extremely embarrassing to some concerned party.
d. Offenses
that are particularly volatile in nature.
e. At
the discretion of the dean of students and the chair
of the Student Conduct Board, some incidents may be referred
to the Residential
Life staff. (Such cases tend to be minor in nature.
The
Residential Life staff has the authority to issue limited
sanctions.) 2. The
Student Conduct Board will consist of eight members from the student
body selected by the Association of Student Representatives and
appointed by the president of the University. There will
be, at the time of service, at least one sophomore, one junior,
and one senior member. At least five members will be, at
the time of service, residence hall students. One member
from the junior or senior class will be designated chair of the
Student Conduct Board by the Association of Student Representatives
at the time of the appointments. Student Conduct Board members
will have, at the time of service, lived in residence halls at
least one year. The term of office will be one year and the
members of the Student Conduct Board may be removed only when found
responsible for any infractions of University policies. This
decision will be the responsibility of the president.
3. Formal
authority of the Student Conduct Board will be invoked when any
person files with the Student Conduct Board a written complaint
stating the violations alleged. The Student Conduct Board
will have authority to determine responsibility based upon the
results of investigations and/or hearings and to impose appropriate
sanctions. The Student Conduct Board will seek relevant
information from all available sources.
4. Each
case is assigned to a presiding (non-voting) chair who will investigate
the case and conduct the hearing, but will not be present while
the decision is made and the sanction, if necessary, is decided. The
decisions of the Student Conduct Board will require a majority
of four votes regardless of the number of members hearing the case.
5. The
dean of students shall serve as the advisor to the Student Conduct
Board. S/he is responsible for the operations of the Student
Conduct Board and is available to assist both accused and accusing
party(ies) in this process.
Procedures
for the Student and University Conduct Boards
The Student and University
Conduct Boards will conduct their hearings according to the following
procedures:
1. Students
will be sent a notification letter that includes a list of all
possible University standards of student conduct that may have
been violated and that refers students to procedures as outlined
in this section of the "Student Handbook." The notification
will be sent a minimum of 96 hours prior to the meeting date of
the Conduct Board.
2. Any
student accused of violating University standards of student conduct,
or any student presenting a case before a Conduct Board, may submit
a written request no later than 48 hours prior to his/her hearing
date that the Conduct Board call witnesses on his/her behalf. The
written request must include a brief statement of the information
each witness can provide. The presiding chair has the discretion
to decide which witnesses will be called to the hearing. Students
will be informed in advance and in writing of all participating
witnesses. Any challenge to the final list will be heard
by the entire Conduct Board, whose voting members will then make
the final determination as to which witnesses will appear in the
hearing. If
the presiding chair does not accept a witness, he/ she will include
a brief written reason with the record of the hearing.
3. Student(s)
accused of violating University standards of student conduct will
have access to all written records (including but not limited to
incident reports, letters, Campus Safety reports, and witness statements). Accused
student(s) may receive copies of reports, but identifying information
of other parties will be redacted from the documents.
4. An
audio recording will serve as the single verbatim record of all
hearings. The hearing tape is the sole property of Trinity
University. Any student who has a right of appeal in the
case has the right to listen to this audiotape, but will not be
provided a copy nor may s/he make a copy or remove the tape from
the dean of student's office. No court reporters or additional
recording devices are permitted at the hearing. The recording
of a hearing will be made available to the Conduct Review Board
at their request. Recordings of hearings will not be destroyed
until it is certain that the decision of the Conduct Board will
not be appealed to the Conduct Review Board or to the President
of the University or that any such appeal process has been concluded
5. Within
five class days, a designated member of the relevant Conduct Board
will send out a written decision to the accused student(s) and
relevant University officials that summarizes the reasoning of
the Conduct Board and details the sanctions (if applicable). This
summary will include a review of facts, witnesses heard, information
determined to be credible, information used on which to base the
decision, and reasoning for the sanction.
6. Accused
student(s) have the right to be present during the hearing. However,
if accused student(s) choose not to attend the hearing, a decision
may be made without his/her presence.
7. Any
student appearing before a Conduct Board in any capacity may bring
a person of support. This support person does not have to
be a member of the University community. S/he may be present
for purposes of advice and support but may not speak on behalf
of the student unless s/he is a previously designated witness.
8. All
hearings are closed to the public, except for the person(s) accused
of violating policy, witnesses, the accusing party(ies), support
person, the Conduct Board, the board advisor, referring staff,
and other University officials as approved by the vice president
for Student Affairs. Any party in a hearing may petition
the Conduct Board for an open hearing up to 24 hours in advance
of the hearing. Such a petition should state the reasons
an open hearing is requested. All parties involved in the
case will be permitted to express opinions about the petition before
the Conduct Board decides the hearing status.
9. Hearings
will generally begin with a reading by the presiding chair of relevant
documentation. Those who have submitted the documentation
or are primary witnesses will make opening remarks followed by
opening remarks by the accused student(s). The Conduct Board
will ask questions of participants and witnesses. All parties
in the hearing may pose questions to other parties through the
Conduct Board. Participants will be asked to make closing
remarks.
10. All
parties in a hearing are expected to act with proper decorum. |