6.
The accuser and the accused will be given an opportunity to
present necessary witnesses and documentary or other evidence,
but all witnesses will be admitted to the hearing only when their
personal participation is necessary.
B.
Rights of the Accused Students
1.
Right to a notice in writing of any charges.
2.
Right to admit the alleged violation, to waive a hearing and to
accept the College’s action.
3.
Right to admit the alleged violation but request a hearing.
4.
Right to deny the alleged violation and request a hearing.
5.
Right to a hearing before an impartial committee.
6.
Right to appear in person at a hearing or not to appear with
assurance the failure to appear will not be interpreted as indicative
of guilt.
7.
Right to select an advisor of their choice to attend the hearing with
them.
8.
Right to call witnesses and present evidence on their behalf.
9.
Upon request, the right 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 will be presumed innocent until proven guilty. The
accuser must prove his/her case against the accused by a preponderance
of evidence. This may be defined as a belief that it is 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 guidelines for hearings will be followed in all cases. These
rules will be interpreted to maintain a procedure for hearings 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 will be open except for cases involving academic records.
3.
A recording of the proceedings will 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 when in the opinion of the Court an
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