Newsgroups: alt.comp.acad-freedom.talk
From: kadie@eff.org (Carl M. Kadie)
Subject: [PSU] Procedures For Discipline Hearings
Message-ID: <1993Mar22.190136.10511@eff.org>
Date: Mon, 22 Mar 1993 19:01:36 GMT
[This is part of the Pennsylvania State University Code. It is
available via gopher from info.psu.edu.
Some points of interest:
The charges must be specified in detail.
The accused student can ask for an open hearing (but the board
can close it anyway).
The findings must be specified in detail.
- Carl]
POL78: B. PROCEDURES FOR DISCIPLINE HEARINGS
1. NOTICE OF CHARGES
The student shall be informed of the charges against him/her in
writing sufficiently in advance of the hearing to afford a
reasonable opportunity to prepare a defense. The notice of
charges shall state the specific regulation that the student is
alleged to have violated, stating the time, date, and place of
the occurrence. The student also shall be informed of the
documents containing his/her rights, the hearing procedures, and
sanctions.
2. CONDUCT OF HEARINGS
a. The hearing shall be conducted in such a manner as to do
substantial justice and shall not be restricted unduly by rules
of procedure or evidence. Evidence not directly related to the
manner at hand will not be considered.
The focus of inquiry in disciplinary proceedings shall be the
innocence or guilt of those accused of violating the Code of
Conduct. Formal rules of evidence shall not be applicable; nor
shall deviations from prescribed procedures necessarily
invalidate a decision or proceeding, unless significant prejudice
to a student respondent of the University may result.
b. The hearing shall be private unless the student charged
requests that it be open to members of the University community.
In all hearings, the Chairpersons shall determine the number of
persons to be admitted to the hearing. Under no circumstances
shall the hearing be open to more than the normal capacity of the
typical hearing room. The Chairperson, with the concurrence of
the Board, may rule that a hearing be closed, if in the opinion
of the Board, an open hearing would have an adverse impact on any
witness; would disclose personal, psychological or medical
information of a sensitive nature; or would otherwise jeopardize
the privacy or welfare of any witness or accused student.
c. The accused student may challenge any member of the Board on
grounds of prejudice. The Board shall deliberate in private and
determine, by majority vote (excluding the member being
challenged), whether the member should be replaced by an
alternate Board member who would be designated by the
Chairperson. In a hearing with a Hearing Officer, the student
may challenge, for cause, on the grounds of lack of impartiality.
In this case, the Director or representative shall determine the
validity of the challenge. Should the grounds for challenge be
sufficient, the hearing will be referred to another Hearing
Officer or to a Hearing board.
d. The student shall have the right to be assisted by an adviser
of his/her choice, who must be a regular administrative official,
regular faculty member, or student of the University. As used in
this paragraph, the words "regular" shall have the same meaning
as defined in Policy PS-5.* The adviser, upon request of the
student, may:
(1) advise the student in the preparation and presentation of a
defense;
(2) accompany the student to all discipline hearings; and
(3) advise the student in the preparation of appeals.
The adviser shall not assume responsibility for conducting the
defense of the accused student, except that the adviser may
assist the student in questioning all witnesses.
e. On behalf of the University, the charges and evidence may be
presented by the Director or by a person designated by the
Director.
f. In his/her own behalf, the student shall have the right to
call a reasonable number of witnesses of fact who shall be
subject to questioning by members of the Board and the Director
or the Director's representative.
g. The student charged shall have the right question all
witnesses.
h. The testimony of unknown or unidentified witnesses shall not
be admissible.
i. A representative of the Office of the Victim/Witness Advocate
may accompany a witness to a discipline hearing. The
representative may:
(1) assist the witness in the preparation and presentation of
the case;
(2) accompany the witness to all discipline hearings;
(3) assist in the preparation of a victim impact statement.
The representative shall not assume responsibility for presenting
the case against the accused student.
j. The Board, the Hearing Officer, and/or the Director may
address questions to any party or to any witness called by the
parties. However, the student charged shall not be compelled
against his/her wishes to testify or answer any questions and
his/her silence shall not be held against him/her. The scope of
the testimony shall be limited to matters relevant to the charges
and the defense thereto. The Board, the Hearing Officer, the
Director, and/or the accused student may request the presence or
testimony at the hearing of any member of the University
community, including the accused person. Records or other
exhibits may also be requested. In the event any person,
including the student charged and/or his/her adviser, shall
disrupt the hearing, that person shall be excluded and the
hearing will proceed in his/her absence.
k. The University shall have the burden of proof of guilt by
clear and convincing evidence.
l. No imposition of sanctions shall be based solely upon the
failure of a person charged to answer the charges. In the event
of the refusal of the accused person to appear at the hearing,
the evidence in support of the charges shall be presented,
considered, and adjudicated.
m. A written report of the original hearing shall be made
consisting of:
(1) the notice of charges and other hearing documents;
(2) a summary of the evidence presented;
(3) the findings; and
(4) the sanction(s) imposed.
The report constitutes the official record of the hearing and
shall be placed on file in the Office of Conduct Standards.
n. The student shall have five days in which to request an
appeal, and the Director shall have five days** in which to
request a review of the case. If within five days** of notice of
the decision there is no request for an appeal or review, the
sanction shall be imposed.
o. A new hearing may be granted by the original hearing body if
a student files a written application for a new hearing,
specifically alleging newly discovered evidence.
*"Regular" University administrators or faculty members,
according to Policy PS-5, are those who are appointed to full-
time positions that will exist for six months or longer, but not
including "visiting" faculty members.
**Computation of time:
(a) When any period of time is referred to, such period in all
cases shall be so computed as to exclude the first and include
the last day of such period.
(2) Whenever the last day of any such period shall fall on
Saturday, Sunday, or an established University holiday, such days
shall be omitted from the computation.
(3) The end of the University business day on the last day of any
time period shall be computed as the end of that day.
