50
7.
Right to select an adviser of their choice to attend the
hearing with them.
8.
Right to call witnesses and present evidence on their
behalf.
9.
Right upon request, to a list of witnesses who will
appear against them.
10.
Right to confront and cross-examine witnesses and/or
accusers.
11.
Right to request a copy of the record of the tape
recording of a hearing if the offenses involve possible
suspension or expulsion.
12.
Right to appeal to the Vice President of Student Affairs
and Enrollment Services and then to the President of
the college.
C. Burden of Proof
The accused student shall be presumed innocent until proven
guilty. The accuser must prove his/her case against the accused
by a preponderance of the evidence. This may be defined as a
belief that it is slightly more probable than not that the facts are
true and exist, which is sometimes expressed as 51% certainty.
D
.
General Guidelines for Conducting a Hearing
The following hearing guidelines shall be followed in all cases.
These rules shall be interpreted to maintain a hearing procedure
to the extent that informality will not hinder or obstruct the basic
fact-finding function of the Court.
1.
The College Court will not be bound by formal rules of
legal proceedings and may admit any information that
may be of value in determining the issues involved.
2.
Hearings shall be open except for cases involving
academic records.
3.
A recording of the proceedings may be kept in the
office of the Dean of Student Services.
4.
The College Court may grant adjournments to enable
either the accuser or the accused to investigate
evidence if a valid claim of surprise is made or if an
interruption in the hearing would be desirable in the
opinion of the Court.
5.
The accuser and the accused shall have the right to
question all witnesses.
6.
The findings of fact and the decision of the College
Court will be based solely on the hearing record.
E. Oath/Affirmation by Witness
1.
As each witness is called, he/she will take an oath or
affirmation, administered by the Chief Justice, that
he/she will tell the truth.
2.
The oath shall be: “Do you swear or affirm that the
testimony you will give at this hearing will be the
truth?”
F. Pleas
A plea is not required. However, the accused shall have the right
to plead guilty or not guilty.
