ARTICLE VIII

SECTION VIII-1. Procedural Rights of Students Regarding Hearing Boards

In this section the term “student” means (1) the accused student and an individual complainant, if any, in a disciplinary proceeding, (2) the accused student and an instructor complainant in an academic integrity proceeding, and (3) the grievant and the respondent in a grievance proceeding.

1. If a hearing is to be conducted before a hearing board, the student shall be informed of the following procedural rights in advance of the hearing (any or all of which may be exercised):
   1. Written notice of the time, date, and location of the hearing before the hearing board, a copy of the Board's decision, and any other written correspondence related to the disciplinary action.
      1. A hearing shall not be scheduled less than 10 days after the notice of hearing is mailed.
      2. For purposes of notification, per Utah State University’s E-mail Communication Policy, the student's preferred e-mail address can be used for official communication. Alternatively, a student’s physical address, as reported to the Office of Student Records, Room 246 Taggart Student Center, and in the BANNER system shall be the address used for all notification purposes. Any notices sent via regular U.S. Mail to this address will be considered delivered to the student for all purposes under this Student Code. It is the responsibility of the student to immediately inform the Office of Student Records of any address change.
      3. Notices sent to the address on record with the Office of Student Records through the U.S. Mail will be considered delivered on the date mailed.
      4. Should telephone contact with the student be deemed necessary, the student's telephone number as reported to the Office of Student Records shall be the telephone number used. To assure receipt of any such telephone communications, it is the responsibility of the student to immediately inform the Office of Student Records of any change in his or her telephone number.
   2. To challenge with due cause, a member of a hearing board. The challenge shall be reviewed and acted upon by the Vice President for Student Affairs, in collaboration with the chair of the hearing board pool. Familiarity with the alleged violation or persons involved in the hearing, or other bias may be sufficient reason to honor the challenge and direct the appointment of a replacement on the hearing board.
   1. To have an advisor of the student's own choice present at the hearing. An advisor may be a parent, legal guardian, a faculty member, a USUSA Student Advocate, an attorney, or other person. All communications related to a proceeding shall be made directly with the student, and not with an advisor, unless the student is incapacitated. It is the student’s responsibility to keep an advisor informed regarding such communications.
   2. If the student is hearing impaired, an interpreter will be provided, where necessary, and the student may present his or her case through an interpreter or other communication device. If the student does not have adequate communication skills in the English language, a translator will be provided, where necessary, and the student complainant may present his or her case through a translator.
   3. To request, for due cause, a change in the date and time of the hearing. The student may request a new hearing if he or she was kept from attending the hearing by circumstances beyond his or her control.
   4. To testify in his or her own behalf.
   5. To present witnesses and to bring in evidence supporting the student’s claims or position in the matter. The student shall submit a list of witnesses, as well as copies of the documents the student intends to submit as evidence, to the hearing officer three days before the date scheduled for the hearing. The University shall also provide the student with a list of other witnesses, as well as copies of the documents it intends to submit as evidence, three days in advance of the hearing. This information will be shared with all parties. If there is both a complaining student, and a responding student, both students must abide by this policy.
   6. To hear and to question the witnesses and to examine the evidence against the student.
      1. In addition, the accused student or respondent shall have the right to remain silent; the burden of establishing the alleged grievous conduct is on, the University, the individual complainant, if any, the instructor who asserted the violation, or the grievant who initiated the grievance proceeding.
   7. At formal adjudicatory hearings, students may have an advisor advocate for them. The student’s advisor may actively participate in the hearing in accordance with the following procedures:
      1. Advisors may give opening statements;
      2. Advisors may advise students throughout the hearing;
      3. Advisors may question witnesses as allowed by the Hearing Board chair;
         1. Advisors will submit their questions to the committee chair who, in his or her judgment, may then ask the witness the question, ask the advisor to rephrase the question, disallow the question, or ask the advisor to move on to another question or area of questioning.
         2. During questioning, and during the entirety of the hearing, all parties are to treat all persons with respect.
      4. Advisors may present a closing statement;
   8. Students may waive any rights described herein.

SECTION VIII-2. Organization, Function, and Authority of Hearing Boards

1. A hearing board shall hear all incidents involving alleged violations of University Standards presented to it by the Vice President for Student Affairs and all grievances not relating to discrimination or to harassment. Complaints of discrimination, including complaints of sexual misconduct, shall be handled in accordance with USU Policy 305.
2. The hearing board pool shall consist of fourteen members: seven students, four faculty members, and three professional staff employees. The student pool members shall be appointed for a one year term by the President of USUSA and be confirmed by a majority vote of the USUSA Executive Council. The faculty pool members shall be appointed by the Provost for a two year term (terms shall be staggered in pairs). The professional staff employee pool members shall be appointed by the Vice President for Student Affairs for a three-year term (terms shall be staggered). All new appointments to the pool shall be made on or before April 30th of each year. If during any year the number of hearings either scheduled or conducted places a burden on the hearing pool, then additional pool members may be appointed as needed.
3. By May 15th of each year, the pool shall elect one of its student members to serve as the hearing board pool chair.
4. All pool members will be trained regarding hearing procedures; no pool member shall serve on a hearing board unless his or her training is completed.
5. When a matter is referred for a hearing, the hearing board pool chair shall: (1) designate four students (which may include him or herself) and two faculty members, from the pool to act as the Honor Board to hear an academic integrity matter or to act as the Grievance Board to hear an academic grievance and (2) designate four students (which may include him or herself), one faculty member, and one professional staff employee from the pool to act as the Hearing Board to hear a matter not involving an academic integrity violation or as the Grievance Board to hear a nonacademic grievance. For hearings involving sexual misconduct, the Hearing Board shall consist of four faculty members, and two professional staff members, with a faculty member serving as chair. Hearing Boards shall be formed so as to give all pool members equal opportunity to serve, but a strict rotation is not required. An Honor Board or Hearing Board shall elect one of the student members to serve as a voting chair. A Grievance Board hearing an academic grievance shall select one of the two faculty members to serve as a voting chair; on other Grievance Boards, the faculty member shall serve as the voting chair.
6. The names of the members of a designated hearing board shall be immediately communicated to the accused student, the individual complainant, the grievant, or the respondent in writing so that the right accorded under Section VIII-1.A.2. may be timely exercised.
7. All actions by a hearing board shall be decided by a majority vote. Should the Board reach a split vote, it must deliberate until a majority is reached.
8. A hearing board shall not consider evidence which has not been presented at the hearing.
9. A hearing board's determination shall be made on the basis of whether it is more likely than not (i.e. a preponderance of evidence) that the accused student has committed the alleged violation.
10. A hearing board may lessen or increase any penalty recommended by the Vice President for Student Affairs.
11. If a Hearing Board is requested the following procedures will apply. The procedures will be appropriately modified where the accused student has admitted the violation and the purpose of the hearing is to determine the penalty.
    1. The hearing shall be closed to the general public. Only the following individuals will be allowed into the hearing room: (1) Hearing Board members; (2) the Vice President for Student Affairs; (3) a University attorney, who shall act as advisor to the Board when needed; (4) University law enforcement officers; (5) the accused student; (6) the accused student's advisor (see: Section VIII-1.A.3.); (7) the individual complainant (8) the complainant's advisor (see: Section VIII-1.A.3.); and (9) any witnesses; and (10) where appropriate, the Director of Financial Aid when the accused student is receiving financial aid based in any degree on the student's athletic ability.
    2. Witnesses will be present only at the time of their testimony and will not be permitted to hear the testimony of other witnesses. All persons present at the hearing shall treat the matters discussed therein as confidential.
    3. The chair of the Board shall read the alleged violation to the accused student and ask for an admission or denial thereto. If the student has admitted the violation during the conference with the Vice President for Student Affairs, the hearing shall be conducted to determine the appropriate penalty - the student may not withdraw his or her admission once the Hearing Board has convened. If the violation is denied during the conference with the Vice President for Student Affairs, the hearing shall be conducted to determine whether the violation occurred and, if so, the penalty.
    4. Should the accused student not attend the hearing, the hearing may be conducted in his or her absence and such absence shall not invalidate the proceedings or decision of the Board if the student has been sent notice of the hearing to the address supplied by the student to the Office of Student Records.
    5. The Vice President for Student Affairs shall make a statement, which shall include a summation of the preliminary investigation and a recommended penalty, if any.
    6. An individual complainant, or his/her advisor, shall be invited to make a statement.
    7. The accused student, or his/her advisor, shall be invited to make a statement.
    8. The Vice President for Student Affairs may present the case against the accused student, or defer to the individual complainant, or his/her advisor, to present the case. An individual complainant, or his/her advisor, shall assist the Vice President for Student Affairs, as needed, or is responsible for presenting his or her own case if the Vice President elects not to take that primary role. The Vice President for Student Affairs, or the individual complainant, or his/her advisor, if the case is deferred to him or her, shall have the opportunity to question witnesses and present other evidence.
    9. The accused student, or his/her advisor, is responsible for presenting his or her own case and shall have the opportunity to question witnesses and present other evidence.
    10. The Hearing Board members may ask questions of anyone in attendance.
    11. At the conclusion of the hearing, the Hearing Board shall deliberate in private to decide whether a violation occurred and the appropriate penalty, if any. A University attorney may be present during the Board's deliberation. To ensure that there is some consistency among penalties meted out over time, the Vice President for Student Affairs must be invited into the deliberation session for the sole purpose of explaining penalties assessed in other cases.
    12. The decision of the Board shall be reported in writing to the Vice President for Student Affairs within two days from the date of the hearing.
    13. The Vice President for Student Affairs shall deliver or mail a copy of the decision to the accused student, any victim, and the complainant; the accused student shall be advised of the right to appeal provided in Section VIII-3.
    14. The Hearing Board's decision is final unless appealed; the accused student shall be advised of the right to appeal provided in Section VIII-3.
12. If an Honor Board is convened, the following procedures will apply.
    1. The hearing shall be closed to the general public. Only the following individuals will be allowed into the hearing room: (1) Honor Board members; (2) a University attorney, who shall act as advisor to the Board when needed; (3) the instructor, the appropriate dean, and/or Provost; (4) the student; (5) the student's advisor (see: Section VIll-1.A.3.); (6) any witnesses; (7) the Vice President for Student Affairs; and (8) where appropriate, the Director of Financial Aid when the student is receiving financial aid based in any degree on the student's athletic ability.
    2. Witnesses will be present only at the time of their testimony and will not be permitted to hear the testimony of other witnesses. All persons present at the hearing shall treat the matters discussed therein as confidential.
    3. Should the student not attend the hearing, the hearing may be conducted in his or her absence and such absence shall not invalidate the proceedings or decision of the Board if the student has been sent notice of the hearing to the address supplied by the student to the Office of Student Records.
    4. The Vice President for Student Affairs shall make a statement, which shall include a summation of the preliminary investigation and a recommended disciplinary penalty, if any.
    5. The instructor shall be invited to make a statement.
    6. The student shall be invited to make a statement.
    7. The Vice President for Student Affairs may present the case to impose a disciplinary penalty, or defer the presentation of the case to the instructor to present the case. An instructor shall assist the Vice President for Student Affairs, as needed, or is responsible for presenting the case if the Vice President elects not to take that primary role. The Vice President for Student Affairs and the instructor shall both have the opportunity to question witnesses and present other evidence, regardless of who is presenting the case to impose a disciplinary penalty.
    8. The student is responsible for presenting his or her own case and shall have the opportunity to question witnesses and present other evidence.
    9. The Honor Board members may ask questions of anyone in attendance.
    10. At the conclusion of the hearing, the Honor Board shall deliberate in private to decide whether a disciplinary penalty should be imposed against the student. A University attorney may be present during the Board's deliberation. To ensure that there is some consistency among penalties meted out over time, the Vice President for Student Affairs must be invited into the deliberation session for the sole purpose of explaining penalties assessed in other cases.
    11. The decision of the Honor Board shall be reported in writing to the Vice President for Student Affairs within two days from the date of the hearing.
    12. The Vice President for Student Affairs shall deliver or mail a copy of the decision to the student; the student shall be advised of the right to appeal provided in Section VIII-3. As appropriate, the Vice President for Student Affairs shall also notify the instructor, the appropriate dean, the complainant, and any victim in writing of the Board’s decision.
    13. The Honor Board's decision is final unless a timely appeal is filed.

SECTION VIII-3. Appeal of Hearing Board Decisions

1. On or before April 30th of each year, the President of the University shall appoint one student, one faculty member, and one professional staff employee to serve as the Appeals Board for the upcoming academic year. For discipline related to violations of the University's sexual harassment policies, including sexual misconduct, the Appeals Board will include three members of the Office of Equity Hearing Panel pool. The Appeals Board members may not concurrently serve as hearing board pool members, but if possible, the appointees will have previously served as a hearing board member. The faculty member shall serve as chair. All Appeals Board members will be trained regarding hearing procedures; no member shall serve on an appeal unless his or her training is completed.
   The decision of an Honor Board or a Hearing Board may be appealed by the student who was found to have committed an academic integrity violation or a Misconduct violation. In sexual misconduct cases, both the complainant and the respondent may appeal the decision of the Hearing Board. The Appeal must be made in writing to the Vice President for Student Affairs within 10 days from the date a copy of the hearing board’s report is mailed or delivered to the student. Any other party may appeal the decision within the 10-day period on the sole basis of new evidence (F.4., below).
2. If no appeal is filed within the time provided, the decision shall become final. (The President of the University must approve the imposition of the penalties of suspension and expulsion from the University. See: Section V-4)
3. If an appeal is made, the Vice President for Student Affairs shall refer the matter, with all supporting documentation, to the chair of the Appeals Board. The Vice President for Student Affairs shall inform the parties of the names of the members of the Appeals Board.
4. The parties involved shall have the opportunity to challenge the Appeals Board for bias in the case. The challenge shall be reviewed and acted upon by the Provost, in collaboration with the chair of the Appeals Board. Familiarity with the alleged violation or persons involved in the hearing, or other bias may be sufficient reason to honor the challenge and direct the appointment of a replacement on the Appeals Board by the President of the University.

    
   Guidelines for the Appeals Board are as follows:

5. An appeal shall be limited to a review of the initial hearing and supporting documents for one or more of the following purposes:
   1. To determine whether the original hearing was conducted fairly in light of the alleged violation and evidence presented, and in conformity with prescribed procedures giving all parties a reasonable opportunity to prepare and present evidence.
   2. To determine whether the decision reached regarding the student was based on substantial evidence; that is, whether the facts in the case were sufficient to establish that it was more likely than not that a violation occurred or that the imposition of a disciplinary penalty for an academic integrity violation was warranted. Substantial evidence is more than a mere scintilla. It means such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.
   3. To determine whether the penalty imposed was appropriate for the violation which the student was found to have committed.
   4. To consider new evidence, sufficient to alter a decision, or other relevant facts not brought out in the original hearing, because such evidence and/or facts were not known to the person appealing at the time of the original hearing.
6. If new evidence and/or facts could be the basis for altering either the decision or the penalty, the matter shall be remanded to the original Honor Board or Hearing Board for reopening of the hearing to allow reconsideration of the original determination and/or penalty; the Board shall report its conclusion to the Appeals Board for further review in the appeal process.
7. If new evidence and/or facts are not presented, the Appeals Board may confirm or modify the decision of the hearing board and/or may uphold or reduce the penalty imposed by the hearing board. The Appeals Board may also remand the case to the original hearing board to reconsider whether the penalty should be increased; the hearing board shall report its determination to the Appeals Board for further review in the appeal process.
8. Upon conclusion of an appeal in an academic integrity case, the Appeals Board shall forward to the Provost written findings, along with a recommendation as to the disposition of the matter. If the recommendation alters the decision of the Honor Board, a copy of the Board's decision shall be attached to the recommendation. The Provost shall review the recommendation and forward it to the President of the University, together with his or her own separate recommendation of endorsement or disagreement.
9. Upon conclusion of an appeal in a case involving a Misconduct violation, the Appeals Board shall forward to the University President written findings, along with a recommendation as to the disposition of the matter. A copy shall be forwarded to the Vice President for Student Affairs. If the recommendation alters the decision of the Hearing Board, a copy of the Board's decision shall be attached to the recommendation.
10. The University President may accept or modify the recommendation of the Appeals Board. The President's decision is final. A copy of the final decision will be made available to the appropriate dean, Provost, and the Vice President for Student Affairs. The Vice President for Student Affairs shall notify the instructor, the student, and the individual complainant, if any, of the President’s decision.
11. Upon the decision to impose temporary disciplinary action, the Vice President for Student Affairs or the University President shall notify the student by the most expeditious means available. Upon notification of the temporary disciplinary action, the procedures under Section V-6 shall be followed.