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Student Handbook

PAU Student Conduct Board

Hearing Notice

The Department of Student Success will send a hearing notice to the accused student (respondent), detailing the date, time, and location of the hearing with the PAU Student Conduct Board, providing sufficient time for the accused student (respondent) to attend. This letter will include the charges the student will face described in the charge letter and notice of alleged violation(s) the accused student (respondent) received from the Department of Student Success. The hearing notice will identify the Student Conduct Board members selected to participate in the hearing.

Membership of the Student Conduct Board

The Student Conduct Board will include at least two faculty members selected by the Department of Student Success in consultation with the Provost's Office and the faculty. One faculty member must be affiliated with the department in which the student is studying, one faculty member must be from outside of the department in which the student is studying. The accused student’s (respondent’s) academic advisor cannot serve on the Conduct Board. Where the decision of the Student Conduct Board members is not agreed upon, a member of the Department of Student Success will make the final determining decision.

Challenging an Appointed Hearing Member

Students may challenge the inclusion of one Student Conduct Board member if they believe the member will not be able to participate in the hearing without bias. The student must make this request within three (3) business days of the date of the hearing notice letter. The request should be directed to the Department of Student Success, and should include the specific reason why the accused student (respondent) does not believe the Student Conduct Board member can be involved in hearing the case without bias. Please note, because PAU is a relatively small University, it is not always reasonable to expect a Student Conduct Board member to have no knowledge of the accused student (respondent). For example, simply having had the Student Conduct Board member as faculty in the past would not be sufficient reason to be disqualified from participating in a hearing. A representative from the Department of Student Success will make a decision about the challenge. If a new Student Conduct Board member is appointed, that will be communicated to the accused student (respondent). The decision about whether or not to remove a Student Conduct Board member is final and cannot be challenged.

Evidentiary Standard

In considering and adjudicating alleged violations, the evidentiary standard is “more likely than not.” This means that those adjudicating a case must have a firm belief that the evidence demonstrates that there is a high probability that a violation of policy has occurred.

Closed Hearings

All Student Conduct Board proceedings are closed, meaning only the complainant, where applicable, the accused student (respondent), appropriate witnesses, Student Conduct Board members, and a representative from the Department of Student Success are permitted to attend the hearing. In addition, the accused student (respondent) has the right to an advocate, per the guidelines noted below.

Prior to the Student Conduct Board hearing, and where applicable, a representative from the Department of Student Success will provide a list of witnesses and relevant information to either/or the complainant and accused student (respondent). All of the testimony and relevant information from the hearing will be kept in confidence, in accordance with the University policy and to protect the privacy of the student(s) involved under Family Educational Rights and Privacy Act (FERPA). Failure to maintain the confidentiality of the matters and/or the privacy of the student(s) involved will result in a separate and independent charge for Failure to Comply.

Right to an Advocate

Students have the right to have an advocate for support during the Student Conduct Board hearing. The advocate must be a member of the PAU community (staff or faculty). The advocate is not permitted to speak on behalf of the accused student (respondent), address the complainant or any witnesses if applicable, or the Student Conduct Board members. The advocate cannot be a lawyer or lawyers’ representatives (e.g., paralegals), family member, friend, PAU student or alumni to represent any of the involved parties.

Recording of Hearing

The University will record the hearing proceedings up until the private deliberation by the Student Conduct Board members. The recording will be stored in the Department of Student Success. No other hearing participants are permitted to record the hearing in any way. If it is found that a participating student has recorded the hearing proceedings, this will result in an additional charge of Failure to Comply.

Participating in the Hearing

Students are required to participate in the student conduct process when they are called to a hearing as a complainant, accused student (respondent), or witness. Should a student fail to appear when proper notification has been given or should the student fail to provide a statement during the hearing, the hearing will proceed without the benefit of that student’s input.

Hearing Procedures

The hearing shall proceed in the following manner:

  1. Introduction of everyone in the room or Zoom meeting.
  2. One of the Student Conduct Board members will explain the procedures.
  3. One of the Student Conduct Board members will read the charges against the student policy and will summarize the incident report that resulted in the charges.
  4. One of the Student Conduct Board members will ask the accused student (respondent) how they plead: responsible or not responsible for the alleged violations.
  5. The complainant, where applicable, or the representative from the Department of Student Success on behalf of the complainant, and the respondent will be allowed to make an opening statement regarding the allegation(s) of the complaint.
  6. Any witnesses will be called in one at a time to provide testimony.
  7. The Student Conduct Board members may individually ask questions of the complainant, where applicable, respondent, and witnesses.
  8. After all questions have been asked, and if they choose, the complainant, where applicable, and the respondent may make a closing statement to the hearing board.
  9. The Student Conduct Board members will then meet in private to deliberate on the information provided and determine an appropriate finding of “responsible” or “not responsible” for each of the charges the respondent faced, using the more likely than not evidentiary standard. If a determination is made that the student is responsible for the charges against them, the Student Conduct Board members will also consider and recommend sanctions.
  10. A summary of the hearing outcome, including any recommended sanctions, will be sent in writing by one of the Student Conduct Board members to a representative in the Department of Student Success within a reasonable period of time.
  11. The recommendations will be reviewed by a representative in the Department of Student Success who will either approve them, ask the Student Conduct Board member(s) for clarification, or assign sanctions a representative from the Department of Student Success determines appropriate. In most cases, the sanctions assigned by a representative in the Department of Student Success will be consistent with what the Student Conduct Board recommends, but the final determination of responsibility and sanctions lies with a representative in the Department of Student Success.
  12. Upon receipt of the summary from the one of the Student Conduct Board members, a representative in the Department of Student Success will notify the accused student (respondent) in writing of the outcome of the hearing and any applicable sanctions. The accused student (respondent) will also be notified in this letter of their right to appeal.