A formal hearing can be arranged for a student who does not wish to accept the outcome of the judicial conference and requests a new hearing of his or her case.
- If the student disagrees with the decision of responsibility for misconduct reached by the Dean of Students, or the student believes the sanction imposed by the Dean of Students is inappropriate, the student may request a formal hearing before a hearing commission. The written request must be submitted to the office of the Dean of Students no later than 10 calendar days after the date of the letter informing the student of the decision of the Dean of Students at the judicial conference.
- A hearing commission shall consist of three members, including one student and two faculty members. One of the faculty members will serve also as the presiding officer of the commission (See Hearing Commission section.)
- By initiating this request, the student assumes the responsibility of preparing information and any witnesses to present at the formal hearing. A list of the student’s witnesses must be submitted in writing to the Dean of Students no later than 7 calendar days before the scheduled hearing.
- A student may seek advice from the Student Advocates Office, the IU Student Association Department of Student Rights, or other sources, but the student remains responsible for presenting his/her case to the hearing commission.
- The Dean of Students shall make arrangements for the hearing; but thereafter with notice to the student, the dean may request the hearing commission to dismiss the matter.
- Upon receiving the written request for a formal hearing, the Dean of Students will set aside the proposed finding and sanction reached at the judicial conference.
- The Dean of Students shall send a written notice by mail (hard copy or electronic) to the student’s address to inform the student that a hearing date has been set and charges are pending. The notice shall inform the student of the following information:
- Sections of the Code of Student Rights, Responsibilities, and Conduct claimed to have been violated,
- Specific information about the behaviors that allegedly caused the violation(s), including date(s) of the incident(s) and names of witnesses,
- The date, time, and place of the hearing, procedures used in the judicial process, and resources for assistance in preparing for the proceeding.
- The student is required to be present at the hearing and is entitled to present witnesses unless the hearing commission decides to proceed in the absence of the student because of extraordinary circumstances.
- The hearing will be closed to the public, unless the student indicates in writing to the Dean of Students, at least seven calendar days in advance of the hearing, a desire to open the hearing to the public.
- At the hearing, the Dean of Students and the student may present and question witnesses, and/or present other information. The student charged with an offense may testify, but shall not be ordered to testify by the hearing commission, nor shall failure to testify be considered an admission of responsibility. The burden of proving that the student has committed the offense or offenses, as charged, shall be upon the university.
- The decision of the hearing commission shall be based solely upon information introduced at the hearing and must be based upon a preponderance of evidence. A decision shall be made by majority vote.
- The hearing commission shall make a finding whether the student has committed the offense(s) as charged. If the hearing commission finds that the student has committed the offense(s), it shall, after a review of any disciplinary record the student may have, impose one, or a combination of, the disciplinary sanctions enumerated under Section B.1 (h) of this code.
- If the student is contesting only the sanction portion of the Dean of Students’ decision at the judicial conference, the hearing commission will hear statements from the university representative and from the student, and any witnesses called by either party to determine a sanction only.
- Within 10 calendar days after the conclusion of the hearing, the presiding officer of the hearing commission shall render a written decision and include a brief explanation of the decision and set forth the findings of fact upon which the decision is made. The presiding officer shall furnish copies of the decision to the student and the Dean of Students.
- If a student fails to appear at the hearing commission, the student may explain the failure to appear in writing within 10 days to the presiding officer of the hearing commission. Written documentation supporting the cause of absence must be included. The presiding hearing commission officer will notify the student within 10 days whether the formal hearing may be rescheduled.
- If the student fails to appear at the hearing without good cause, the hearing commission is required to impose the disciplinary sanction initially proposed by the Dean of Students after determining that the failure to appear is without good cause and that there is a preponderance of evidence to believe that the violation occurred as alleged. The student waives the right of further appeal.