Procedure of a Disciplinary Hearing

Introductions

The purpose of our meeting is to:

1. discuss the incident in question
2. determine what, if any, violations occurred
3. determine who was responsible for those violations (if any)
4. and if responsibility is determined for violating policy, to suggest judicial consequences for said violation(s)

Commencement of Proceedings

The Judicial Appeals Board is assembled January 3, 2009 at 9:30 a.m.
in room 1-132B

Accused Student: John Doe

Administrative Representative: Misty Loughmiller

Special Concerns

1. A tape recording will be made of this hearing for appellate purposes. The cost of duplication, if requested, will be borne by the requesting party.
2. This hearing is considered closed unless the accused student requests an open hearing and the board consents to such request.

3. (If accused student requests an open hearing, the Board discusses granting the request and declares hearing open/closed)

4. Disruptive parties will be requested to leave, and if previously declared an open hearing, the board may choose to close the hearing.
5. Harassment of witnesses or other parties will result in a warning. Repeat occurrences will result in the loss of the right to question witnesses or in expulsion from the hearing.
6. A continuance may be granted at the discretion of the board for any reason it deems proper.
7. NOTE: Advisors are reminded that they do not possess the right to address the board, nor any person/party except to whom they are present to advise, except at the discretion of the Board.
8. All parties are warned that dishonesty before the Appeals Board is a violation of the Code of Conduct.

Standards of Proof and Evidence

The burden of proof rests with the complainant or administrative representative. The appeal board's determination shall be made on the basis
of whether it is more likely than not that the accused student violated the code(s).

As this is a Yavapai College administrative proceeding, not a "legal" (criminal prosecution court system) proceeding, the appeals board need not observe the rules of evidence observed by the courts and may exclude repetitious or irrelevant evidence. As the Appeals Board Members are members of the campus community, they may take notice of matters which would be within the general campus experience.

Accused Student's Procedural Rights during the Hearing

As the accused student, you have the right to:

1. Present testimony and witnesses
2. Confront your accusers, and/or the administrative representative acting on behalf of the college or complainant and question any testimony presented
3. The advice or counsel from an advisor
4. The presumption of innocence
5. Appeal the outcome of this hearing if one or more of the conditions applies as outlined in VII. Disciplinary Proceedures Section C. Appeals Procedures of the Code of Conduct.

Procedures for a Full Hearing

This will be a full hearing consisting of the following procedures:

1. The complainant (or administrative representative) will present his/her case. The accused student may raise questions and cross examine the witnesses presented
2. When the complainant (or administrative representative) has finished, the accused student will present his/her case. The complainant (or administrative representative) may raise questions and/or cross examine the witnesses presented
3. Questions arising from the party that does not have the floor at the time will be indicated by the raise of the hand
4. The board reserves the right to ask questions at any time
5. When the accused student has finished, each party will summarize what it believes has been proven. The accused student will have the last closing argument
6. The meeting will then adjourn. After the Board has deliberated, the Appeals Board recommendation will be forwarded to a designated College Reviewing Administrator within (5) days of the conclusion of the hearing

The complainant (or administrative representative) may receive a statement of the outcome of the hearing if deemed appropriate by the Appeals Board and/or the Reviewing Administrator.

Complainant (or Administrative Representative) Presents Case

Will the complainant (or administrative representative) please present any and all evidence and/or testimony relevant to the allegations.

At this time the complainant or administrative representative:

1. Gives an overview of the incident
2. Questions from both the board and accused student are entertained
3. Witnesses for the complainant are individually called and asked to give their name and their view of the incident
4. The Chair once again reads the Honesty statement
5. Questions from accused student are directed to the witness (after complainant or A.R.)
6. The Board may question anyone at anytime during the case.

Accused Student Presents Case

Will the accused student please present any and all evidence and testimony relevant to the allegations.

May I remind you that the College expects that all information presented will be true and correct. Be advised that if you willfully provide false information you will be in violation of the Code of Conduct and you may be subject to disciplinary action. Is this understood?

At this time the accused student:

1. Gives an overview of the incident
2. Questions from both the board and complainant (or A.R.) are entertained
3. Witnesses for the accused student are individually called and asked to give their name and their view of the incident
4. Questions from complainant (or A.R.) are directed to the witness (after accused student)
5. The Board may question anyone at anytime during the case.

Recess

At this point, the Board should call a recess to determine whether further questioning/information is necessary to the understanding of the incident.

Upon reconvening, any further questions to either party may be asked by the board.

Summary

Administrative Representative and the accused student:

Both briefly summarizes what they believe has been proven and what each feels the outcome of this hearing should be.

Closing

The Board feels it has heard both parties regarding the incident and this hearing is now adjourned.

Information regarding a request for a rehearing will be attached to or included in the decision letter sent from the Reviewing Administrator.