Disciplinary Hearings

In instances where a student is charged with alleged Student Code of Conduct violations that will likely result in a range of sanctions that may include residence hall suspension, University suspension, or expulsion, the student will be entitled to a disciplinary hearing. A disciplinary hearing will involve a Student Conduct Board or an Administrative Student Conduct Board.

The Student Conduct Board is a fact-finding and decision-making body consisting of members of the University community (faculty, staff, and/or students who have been selected and received training by Student Accountability and Restorative Practices), a non-voting Student Conduct Assistant, and a non-voting Coordinator of Student Accountability. The non-voting Coordinator of Student Accountability will serve as the hearing official and as a consultant to the Board. The members of the Student Conduct Board have the responsibility for hearing complaints against students, determining whether a student is, more likely than not, responsible for a violation of the Student Code of Conduct, and recommending disciplinary sanctions to the Coordinator of Student Accountability.

The Administrative Student Conduct Board consists of faculty and/or staff representatives and the Coordinator of Student Accountability. The non-voting Coordinator of Student Accountability will serve as the hearing official and as a consultant to the Board. This Board, which usually meets when the Student Conduct Board is not able to meet and hear a case, is empowered to make decisions and recommend disciplinary sanctions.

Disciplinary Hearing Procedures

The following procedural guidelines are established for the direction of all persons and boards conducting disciplinary hearings on complaints against a student at Gallaudet University.

1. The student will be notified by the Coordinator of Student Accountability that a complaint has been made. The Coordinator of Student Accountability will provide the student with a written or ASL statement containing the name of the complainant (person(s) or the University), the procedures for resolving the conflict, and the range of sanctions that may be imposed.
2. The student must make an appointment for a pre-hearing meeting with the Coordinator of Student Accountability no later than five business days after the letter is received.
3. If the student fails to arrange a meeting with the Coordinator of Student Accountability within five business days after receipt of the letter or fails to show up at the scheduled pre-hearing meeting to decide how the case will be handled, information in support of the charge(s) will be presented and considered, and a decision will be made in the student’s absence.
4. The student will be informed by the Coordinator of Student Accountability of two possible ways to resolve the case: 1) appear at a scheduled hearing and present their case before the Student Board, 2) accept responsibility for the violation(s) as charged, waive their right to a hearing and presenting witnesses on their behalf, and accept sanctions imposed by the Coordinator of Student Accountability . In the event of scheduling difficulties or special circumstances warranting it, the complaint may be heard and action decided by an Administrative Student Conduct Board hearing.
5. The student will be informed by the Coordinator of Student Accountability of two possible ways to handle the case: 1) appear at a scheduled disciplinary conference and present their case before the Coordinator of Student Accountability, or 2) accept responsibility for the violation(s) as charged, waive their right to a disciplinary conference and presenting witnesses on their behalf, and accept sanctions imposed by the Coordinator of Student Accountability .
6. The student will be notified at least 72 hours in advance of the time, date, and location of the hearing. Hearings will be conducted in private.
7. A single hearing may be held for more than one person charged in cases arising out of a single or multiple occurrence(s). The Coordinator of Student Accountability will make such determinations. However, each student retains the right to have their case heard individually.
8. The student will have reasonable access to inspect and review case information pertaining to the case prior to and during the disciplinary hearing.
9. The student may appear in person and present relevant information to the Student Conduct Board and may call witnesses. While efforts will be made to accommodate the schedules of all parties involved, scheduling conflicts or failure of witnesses to appear will not constitute grounds for a continuance of the hearing. The student will have the opportunity to hear and question all participants at the hearing. Should the student elect not to appear at the hearing, it will be held in the absence of the student. In such instances, the information in support of the charge(s) will be presented and considered even if the student is not present.
10. Students may be accompanied by an advisor of their choice. The student is responsible for presenting his or her own information, and therefore, advisors are not permitted to speak or to participate directly in the disciplinary hearing. Advisors may confer with a student only when there is not a question on the table or a response pending from the student. In consideration of the limited role of an advisor, a student should select an advisor or a person whose schedule allows attendance at the scheduled date and time of the hearing because delays will not normally be allowed due to the scheduling conflicts of an advisor. Violations of any restrictions for advisors will result in the advisor being removed from the hearing at the discretion of the Coordinator of Student Accountability.
11. The Board may, by majority vote, limit the number of witnesses because of redundancy or irrelevancy.
12. The student may remain silent to preserve the right against self-incrimination. In such cases, other available information will be considered.
13. Formal rules of processes, procedures, and/or technical rules of evidence will not be applicable to campus disciplinary proceedings conducted pursuant to this Code. Any information or testimony the Board or the Coordinator of Student Accountability believes to be relevant may be considered.
14. The Student Conduct Board may accommodate concerns for the personal safety, well-being, and or/genuine fears of confrontation of the complainant, respondent, and/or other witnesses during the hearing by providing separate facilities, by using a visual screen, videophone, or video conference, as determined to be appropriate by the sole judgment of the Coordinator of Student Accountability.
15. The Coordinator of Student Accountability will exercise control over the proceedings to avoid needless consumption of time and to achieve orderly completion of the hearing. Any person, including the respondent, who disrupts a hearing may be excluded by the Coordinator of Student Accountability.
16. After the hearing, the Student Conduct Board will determine whether the student is responsible for the violation with which they are charged. All parties, the witnesses, and the public will be excluded during Board deliberations. All decisions apply the preponderance of the evidence standard; the Student Conduct Board’s determination will be made on the basis of whether it is more likely than not that the accused student violated the Student Code of Conduct. The burden of proof rests on the complainant. The respondent will be entitled to a rationale of any decision, and a letter summarizing the decision and any disciplinary sanctions, if applicable, will also be sent to the respondent except in certain cases where the complainant will also receive a letter summarizing the decision and any disciplinary sanctions, if applicable.
17. The student will be informed in person and writing of the right to appeal a decision to the Dean of Student Affairs (or designee). A decision or judgment of the Student Conduct Board or the Coordinator (or Director) of Student Conduct may be appealed by either or both of the parties involved on the following grounds:

o Procedural irregularity that affected the outcome of the matter. Deviations from designated procedures will not be a basis for sustaining an appeal unless significant unfairness results.

o There is new or newly discovered information that could not have been produced at the hearing that could affect the outcome of the matter. In order for the Dean of Student Affairs or designee to consider new information sufficient to alter a decision, or other relevant facts not brought out in the original conference, such information and/or facts must not have been known at the time of the original conference by the appellant.

o The sanction imposed was clearly inappropriate and/or disproportionate to the conduct for which the person was found responsible

An appeal must be in writing, must indicate the basis of the appeal with an explanation, and must be made within five business days of the date the parties were notified of the decision. In an appeal case, action assessed by the initial Student Conduct Board or the Coordinator of Student Accountability may be held in suspense until acted upon in appeal, at the discretion of the Dean of Student Affairs or their designee. The Coordinator of Student Accountability will convey pertinent information to the Dean of Student Affairs or their designee. The Dean of Student Affairs or their designee may affirm or reverse the decision, or modify the sanction originally assessed. The Dean of Student Affairs or their designee may decide to remand the matter back to the Coordinator of Student Accountability to reopen the hearing, if appropriate. The decision of the Dean of Student Affairs or their designee is final and is not appealable.

No release of information about a case heard by a Student Conduct Board is permitted except jointly by the Coordinator of Student Accountability and a higher administrative authority.

All Student Conduct hearings will be closed to the public in order to protect the confidential nature of the proceedings.

Any Student Conduct Board member will elect to abstain from participation in a hearing when the member has a duality of interest in the case or a personal reason that precludes participation without prejudice. The parties will be provided a list of potential panel members during the pre-hearing meeting. All objections to any panel member must be raised in writing, detailing the rationale for the objection, and must be submitted to the Coordinator of Student Accountability as soon as possible and no later than three (3) business days prior to the hearing. Panel members will only be removed if the Coordinator of Student Accountability concludes that their bias or conflict of interest precludes an impartial hearing of the allegation(s).

Because of time concerns and the expenses it would incur, provision for written transcripts of campus disciplinary hearings is not required.

The Coordinator of Student Accountability will determine the rules of procedure in addition to those stated herein, and all procedural questions are subject to the final decision of the Coordinator of Student Accountability.