Western Nebraska Community College | 2016-2017 Planner - page 202

notice of said hearing, the information concerning the allegation shall be
presented and considered even if said person is not present.
8. The Chairperson shall present the evidence of the case to the Student
Conduct Board and will ask the respondent if she/he admits the charges.
9. The complainant(s) is (are) identified and asked questions by the Chairperson
to present the relevant issues regarding her/his side of the case. This is to be
done in the presence of the respondent unless safety measures are utilized
which still preserve the right to cross-examination and a fair hearing.
10.The Student Conduct Board and the respondent will be given the opportunity
to ask questions of the complainant. Questions will be addressed through
the Chairperson
11.The Chairperson will ask questions of the respondent to present the relevant
issues regarding her/his side of the case.
12.The Student Conduct Board and the complainant will be given the
opportunity to ask questions of the respondent. Questions will be addressed
through the Chairperson.
13.The Chairperson will call the witnesses one at a time to testify. Witnesses will
not be present in the hearing room during the hearing until such time as they
are called in to testify. Witnesses will wait outside the hearing room and will
be called in one by one. After the Student Conduct Board, the respondent,
and the complainant have concluded the questioning of the witness, the
witness will be excused from the room.
14.The Student Conduct Board, the respondent, and the complainant will be
given the opportunity to question the witnesses.
15.The Chairperson shall give the respondent and the complainant the
opportunity to make a final statement.
16.The Chairperson will give the deliberation directions to the Student Conduct
Board.
17.The Student Conduct Board shall then meet in closed session and determine
(by majority vote) whether the respondent has violated the Sexual Misconduct
Policy. The Student Conduct Board’s determination shall be made on the
basis of whether it is more likely than not that the respondent has violated
the Sexual Misconduct Policy and whether the sanction imposed was
reasonable and appropriate for the violation.
18. All proceedings of the hearing are taped by the Student Conduct Clerk/Recorder,
with the exception of the Student Conduct Board’s private deliberation.
19.The Student Conduct Board shall prepare written findings to support the
Board’s determination. These shall include:
a. Concise statements of each factual finding;
b. Brief explanations of whether factual findings justify a conclusion that the
conduct violated the Sexual Misconduct Policy
c. Recommendations concerning appropriate sanctions;
d. A copy of these findings shall be presented to the Dean of Student
Services, and mailed to the complainant and the respondent within five
(5) working days of the determination.
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