Formal Process – Conduct Meeting

The following procedures are followed in University Conduct Committee (UCC) hearings:

A. Seven days prior to the formal hearing, the student, also referred to as the Respondent, will receive a written notice sent through email of the complaint and hearing date.

B. On a date specified by the Associate Dean of Students or designee, the Complainant and Respondent will submit to the Associate Dean of Students or designee a list of witnesses for the hearing, a summary of the information each witness is expected to provide and any document(s) the Complainant and Respondent expect to present at the hearing. The Associate Dean of Students or designee will make copies of this information available to the Complainant, Respondent and the UCC prior to the hearing.

C. The Complainant and Respondent may be assisted by an advisor of their own choice and at their own expense. Advisors are not permitted to speak or to participate in a hearing. Complainants and Respondents who choose an attorney as their advisor shall notify the Associate Dean of Students or designee of the attorney’s name and telephone number at least three (3) days prior to the hearing. Advisors may not appear in lieu of the Complainant or Respondent; however, an advisor may consult with the Complainant or Respondent during a hearing and may assist with preparation for the hearing.

D. In the event that the University chooses to proceed through legal counsel, the Respondent will be notified three (3) days prior to the hearing and also shall have the right to proceed through counsel. Counsel may not appear in lieu of the Complainant or Respondent.

E. If a Respondent fails to appear for a hearing, the hearing may proceed without the Respondent’s presence.

F. Witnesses, other than the Complainant and Respondent, will be excluded from the hearing during the testimony of other witnesses.

G. The chairperson will exercise control over the proceedings. Any person disputing a hearing or who fails to abide by the decisions of the chairperson may be excluded from the hearing.

H. Policy Violations will be determined on the basis of whether it is “more likely than not” that the Respondent violated the Code.

I. The chairperson shall determine what information the UCC will consider. Information will be considered if it directly relates to the facts of the complaint or appropriateness of a particular sanction. Formal rules of evidence shall not apply.

J. The Complainant, Respondent, and UCC may examine the information accepted by the chairperson and may question all witnesses.

K. Respondents may speak on their own behalf; however, they will not be forced to speak against themselves and their silence shall not be used to their detriment.

L. Should the Respondent be recommended responsible for any violation of the Code, the Complainant and Respondent will be given the opportunity to provide relevant information regarding possible sanction outcomes. The Respondent’s prior conduct record may be considered only to recommend an appropriate sanction.

M. Recommendations by the UCC shall be by majority vote.

N. The hearing will be recorded and the recording will remain the property of the University.

O. Within three (3) days of the hearing, the UCC’s recommendation will be forwarded in writing to the Dean of Students with a copy to the Respondent. The Dean of Students will advise the Respondent of the decision in writing.

This information came directly from the Student Handbook. For more details, please go to www.bgsu.edu/studenthandbook