Accountability Hearing

Accountability Hearing 

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 an accountability hearing with the Accountability Board. The Accountability 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 (if assigned), 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 Accountability Board must be impartial, and 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. 

Accountability Hearing Procedures

The following procedural guidelines are established to guide all persons and boards conducting accountability hearings involving alleged *violations of the Student Code of Conduct at Gallaudet University.

A. The respondent will be notified by the Coordinator of Student Accountability that a complaint has been made. The Coordinator of Student Accountability will provide the respondent with a written 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. 
B. The respondent 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 sent.
C. If the respondent does not schedule a meeting with the Coordinator of Student Accountability within five business days from the date the letter is sent (not from when the respondent opens or reads it), or if the respondent misses the scheduled pre-hearing meeting to discuss how the case will be handled, the university may move forward without their participation. Information supporting the charge(s) will be reviewed, and a decision may be made in the respondent’s absence.
D. The respondent 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 Accountability 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.
E. The respondent will be notified at least three (3) business days in advance of the time, date, and location of the hearing. Hearings will be conducted in private.
F. A single hearing may be held for more than one respondent in cases arising out of a single occurrence or multiple related occurrences. The Coordinator of Student Accountability will determine whether a joint hearing is appropriate. However, each respondent retains the right to have their case heard individually. 
G. The complainant and respondent will have reasonable access to inspect and review pertinent information obtained by the Coordinator of Student Accountability, including the identity of participants and/or witnesses, pertaining to the case prior to and during the accountability hearing. The Coordinator of Student Accountability will ensure that all such information is made available to the complainant and respondent at least three business days before the accountability  hearing.
H. The respondent may appear in person and present relevant information to the Accountability Board and may identify witnesses to provide relevant information. While efforts will be made to accommodate the schedules of all parties involved, scheduling conflicts or the failure of witnesses to appear will not constitute grounds for a continuance of the hearing. The respondent will have the opportunity to hear and question all participants at the hearing. If the respondent elects not to appear at the hearing, the hearing will proceed in their absence, and information relevant to the charge(s) will be presented and considered. The burden of proof rests with the party bringing the complaint.
I. The complainant is expected to appear at the hearing and present relevant information to the Accountability Board and may identify witnesses to provide relevant information. While efforts will be made to accommodate the schedules of all parties involved, scheduling conflicts or the failure of witnesses to appear will not constitute grounds for a continuance of the hearing. The complainant will have the opportunity to hear and question all participants at the hearing. If the complainant elects not to appear at the hearing, the accountability hearing will be cancelled; the charges may be dismissed or the hearing may be rescheduled, upon the discretion of the Coordinator of Student Accountability.
J. The complainant and respondent may be accompanied by an advisor of their choice. The complainant and respondent is responsible for presenting their own information, and therefore, advisors are not permitted to speak or to participate directly in the accountability hearing. 
An advisor may not also serve as a witness for either party in the same matter. Advisors may confer with a complainant or respondent only when that individual is not being asked a question or is not expected to provide a response. Given the limited role of an advisor, complainants and respondents should select an advisor whose schedule allows them to attend the hearing at the scheduled date and time. Delays will not normally be permitted due to an advisor’s scheduling conflicts. Violations of these advisor restrictions may result in the advisor being removed from the hearing at the discretion of the Coordinator of Student Accountability. 
K. Students who have a disability and believe they need reasonable accommodations in order to participate in the accountability hearing process should inform the Coordinator of Student Accountability and contact the Disability Services Center (DSC). Requests should be made as soon as possible to ensure that the University has sufficient time to review and process the accommodation request. Any accommodation(s) deemed necessary by DSC will be incorporated in the accountability hearing process. 
L. The Accountability Board may, by majority vote, limit the number of witnesses because of redundancy or irrelevancy.
M. The respondent may remain silent to preserve the right against self-incrimination. In such cases, other available information will be considered.*
N. The formal rules of process, procedure, and/or technical rules of evidence that apply in civil or criminal courts do not apply to campus disciplinary proceedings under this Code. The Coordinator of Student Accountability or the Accountability Board may review and consider any information or testimony they determine to be relevant to the case.
O. The Accountability 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.
P. The SARP Accountability Hearing Chair 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 or designee.
Q. After the hearing, the Accountability Board will determine whether the student is responsible for the violation with which they are charged and determine the most appropriate sanctions for the violation, if found responsible. All parties, the witnesses, and the public will be excluded during board deliberations. All decisions apply the preponderance of the evidence standard; the Accountability Board’s determination will be made on the basis of whether it is more likely than not (preponderance of the evidence) that the accused student violated the Student Code of Conduct. 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.
R. The student will be informed, both in person and in writing, of the right to appeal the decision to the Associate Dean of Student Affairs overseeing Student Accountability and Restorative Practices (SARP) or their designee. A decision or judgment of the Accountability Board or the Coordinator (or Director) of Student Accountability may be appealed by either or both of the parties involved on the following grounds:

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

An appeal must be submitted online using this link within five business days of the date the parties were notified of the original decision. The written appeal must clearly state the grounds for the appeal and include an explanation. During the appeal process, any sanctions imposed by the Accountability Board or the Coordinator of Student Accountability may be stayed at the discretion of the Associate Dean of Student Affairs overseeing Student Accountability and Restorative Practices (SARP) or their designee. The Associate Dean (or designee) will have access to all relevant information, and may ask questions to the Coordinator or the Accountability Hearing Chair. The Associate Dean (or designee) has the authority to affirm, reverse, or modify the original decision and/or sanctions. Additionally, the Associate Dean (or designee) may remand the case to the Coordinator of Student Accountability to reopen the hearing if deemed appropriate. The decision of the Associate Dean (or designee) is final and not subject to further appeal. 

No release of information about a case heard by an Accountability 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 Accountability 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 accountability hearings is not required.

*A person’s refusal to answer a question will not, by itself, establish that a violation did or did not occur. 

If a respondent chooses to provide information but declines to answer relevant and appropriate questions concerning that information, other available information will be considered.  The Accountability Board may consider the respondent’s selective participation when evaluating the credibility or weight of the information voluntarily provided. The respondent’s refusal to answer questions may not, by itself, be used to establish responsibility or to supply evidence necessary to establish an element of an alleged violation. The respondent may remain silent to preserve the right against self-incrimination. 

If a complainant or witness chooses to provide information but declines to answer relevant and appropriate questions concerning that information, the Accountability Board may consider the person’s selective participation when evaluating the credibility, reliability, and weight of the information provided. When the refusal prevents the Accountability Board from meaningfully evaluating or testing the information, the Accountability Board may afford that information less weight. 

In evaluating selective participation, the Accountability Board should consider any reasonable explanation provided for the person’s decision not to answer. No adverse consideration will be given to a person’s refusal to answer a question that the Chair has determined is irrelevant, repetitive, harassing, intimidating, or otherwise inappropriate. 

The Director or 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 Director or Coordinator of Student Accountability.