administrative file, through the Student Conduct Officer, at least three (3) business days prior to the hearing. Any evidence and/or lists of witnesses that are submitted fewer than three (3) days prior to the hearing shall only be admissible at the discretion of the All-University Court Chairperson. The Participants shall be immediately notified if evidence and/or witnesses are admitted within three (3) days of the hearing.
The hearing body shall create and maintain an administrative file of certain documents and evidence related to the disciplinary proceedings in transcript, audio, or video recording format, but shall not include privileged documents or internal memoranda that the institution does not intend to introduce as evidence at any hearing on the matter. The file shall be the property of the University and maintained by the Student Conduct Officer.
The Respondent shall have the right to be represented by counsel at his or her own expense. Written notification of representation shall be made to both the Office of the Student Conduct Officer and to the Office of General Counsel. Upon receiving the written notification of representation, the University will direct all correspondences related to the hearing to both the Respondent's counsel and to the Respondent. Counsel for the Respondent may represent the Respondent at each material phase of the conduct process, including any alternative resolution, meeting, hearing, or appeal on the matter.
The hearing will be closed to the public. The Respondent may also be accompanied by up to two (2) advisors, who may only serve in a support capacity and may not participate in the questioning or discussion. The Respondent will be given the opportunity to hear the evidence presented and to question witnesses who testify.
The Respondent shall have the right to:
However, cross-examination of a student who is a victim or Complainant that is personally conducted by the Respondent shall require the Respondent to submit the questions to the All-University Court Chairperson. The Chairperson shall ask all the relevant questions to the Complainant, state the rationale for excluding any questions, and grant the Respondent the right to amend any excluded questions for resubmission. The Respondent may remain silent, which will not be adversely considered against the Respondent.
At the conclusion of the presentation of all evidence and closing statements, the All-University Court will move into closed session for deliberation. The All-University Court shall determine whether the Respondent violated each section of the Behavioral Code of Conduct of which the Respondent is charged. The determination will be made by a simple majority vote on the basis of whether it is “more likely than not” that the Respondent violated the Behavioral Code of Conduct. Only evidence in the case file determined by the Chairperson to be relevant and admissible may be considered in the determination of the Respondent’s responsibility.
It the All-University Court finds that the Respondent is responsible for violating the Behavioral Code of Conduct, then it shall also determine the appropriate sanction or sanctions. Should the Respondent fail to appear, and the All-University Court determines that the notification process was reasonable and adequate, the case may then be heard in absentia and decided with the available evidence. If the Respondent withdraws or otherwise leaves the University, the All-University Court retains the option of conducting a hearing.
The Chairperson of the All-University Court will notify the Student Conduct Officer, in writing, of the Court's decision within ten (10) business days following the hearing. Within five (5) business days of receiving the decision, the Student Conduct Officer will provide the All-University Court's decision, in writing, to the