Handbook | University Policies and Regulations | Conduct as a member of the University community

Graduate School Procedures Regarding Violations of the Picketing Code

VI. Graduate Hearing Board Rules and Procedures
a. Graduate Hearing Boards shall be subject to the following rules and procedures:
1. The members of the board shall be disinterested parties, and shall not benefit in any way from such sanctions as are imposed.

2. All hearings shall be open except at the request of either of the parties involved. In any case the presiding officer may close the hearing to prevent undue disruption and/or for the protection of those involved.

3. Where the accused denies the charges, the University shall bear the burden of proving the charges with clear and convincing evidence. The hearing board will proceed with evidence in the absence of any student who fails to appear without reasonable cause after proper notice, and in such case the hearing board shall recommend sanctions and reasons therefor.

4. The student must represent him/herself in all hearings before the board. The student may, however, request the assistance of an advisor who will not address the board. Where appropriate, the student may speak through an interpreter.

5. The University and the charged students shall have the opportunity to call and examine witnesses, cross examine witnesses, and present and question evidence. Witnesses shall not be compelled to give evidence, but if a witness who has given evidence refuses to give evidence on cross-examination, the witness' entire testimony shall not be considered.

6. The presiding officer of the Graduate Hearing Board shall exercise control over the hearing. Graduate hearing boards need not observe the rules of evidence observed by courts, and may exclude irrelevant information.

7. Any person, including the charged student or the complainant, who disrupts a hearing or who fails to adhere to the rulings of the presiding officer may be excluded from the proceedings.

8. Recommendations of the hearing board shall be based solely upon evidence and testimony presented at the hearing.

9. A hearing board shall include in the record a written summary of testimony. All proceedings will be taped.

10. A hearing board shall recommend findings of fact, proposed sanctions and reasons therefor, which shall be included in the record. The entire record shall be forwarded to the Graduate Dean.

11. The Graduate Dean shall, within ten working days after receiving the hearing board's recommendation, render a written decision in the disciplinary matter, consisting of findings of fact, sanction(s), and reasons therefor, which shall be included in the record. The official shall send a copy of said decision to the charged student(s). Within the ten working day period, the Graduate Dean may request the hearing board to clarify its recommendation and, upon receipt of said clarification, may proceed to decide the matter as specified herein. Any decision shall be based only on the record of the hearing board, as may be clarified.