will inform the student in the same time frame if the college desires to have legal
representation.
6. Evidence and Witnesses
a. The accused student, the party filing charges against the accused student, and the NICJB shall
have the right to present witnesses and evidence and shall have the right to be present and
hear and question witnesses, as well as the right to object to the admission of testimony and
evidence.
b. Irrelevant evidence is not admissible. All evidence, pertinent records, exhibits, and written
statements, as well as copies or recordings of such evidence, may be accepted as
evidence at the discretion of the chair. Hearsay evidence is admissible if it is of the type
commonly relied upon by prudent persons in the conduct of their affairs.
c. All questions of procedure and evidence are subject to the final decision of the
NICJB Chair.
7. Conduct of the Hearing
Generally, the hearing shall be conducted in the following order:
a. The NICJB Chair shall determine whether the accused student has requested a public or a
private hearing, shall state for the record the names and roles of the persons present at the
hearing, and shall remind the accused student of the right to have an advisor, of the right to
refuse to testify.
b. The NICJB Chair will clarify whether the Judicial Hearing is to determine culpability or to
evaluate whether the assigned sanction was appropriate.
c. Both the VPSS and designee who represent the college and the accused student shall
have the opportunity to present opening statements in which they summarize the
evidence they intend to present to the NICJB.
d. The VPSS or designee shall present its evidence first, and the accused student shall
have the right to present his or her evidence afterwards.
e. Following the presentation of evidence, the party filing charges shall have the opportunity
to summarize the evidence presented. Afterwards, the accused student shall have the
opportunity to summarize the evidence presented.
f. After the presentation of evidence and summaries, the NICJB shall make its decision in a
closed session.
I. The NICJB shall determine by majority vote whether a) the student has violated each
section of the Student Code of Conduct that the student is charged with violating, or
b) the sanction was appropriate. The chairperson of the NICJB, or designee in the
event of absence of the chairperson, is permitted to vote only in the event of a tie
ballot unless a third party hearing officer is used. The burden of proof shall be on the
party bringing the charges against the accused student.
ii. In cases of culpability, the NICJB’s conclusion shall be made on the basis of whether
it is more likely than not that the accused student violated a specific provision or
provisions of the Student Code of Conduct.
8. Failure to Appear
The failure of an accused student to appear at a hearing after notification is neither an
admission nor evidence as to the charges. No accused student may be found to have
violated the Student Code of Conduct solely because the student failed to appear before the
NICJB.
If the accused student fails to appear at the hearing after proper notification, the VPSS or
designee shall present the evidence in support of the charges, and the NICJB shall conclude
based on the evidence whether it is more likely than not that the accused student had
violated the Student Code of Conduct. If the NICJB concludes that the student had violated
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