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Hearing Procedures

The purpose of a hearing is to provide an equitable forum for the complainant and the accused to present their case regarding the alleged misconduct. The hearing authority will decide by the preponderance of evidence whether or not the charge is proven.

  1. Standard of Proof

    The standard of proof is preponderance of the evidence. Preponderance of the evidence is defined as the greater weight of the evidence; that is evidence that outweighs or overbalances the evidence opposed to it. Preponderance means evidence that is more probable or more persuasive. It is the quality of evidence that is weighed. Quality may or may not be identical with quantity. If the weight of the evidence is equally balanced, the complainant has not proven the charge. The burden for proving an alleged violation rests with the complainant.

  2. Types of Hearings

    Hocking College Hearing Board

    In cases where the director of Community Standards and Equity has determined that the alleged Code I offense may warrant suspension or expulsion from the college, the accused may opt to have a Hocking College Hearing Board hear the case. A date for a Hocking College Hearing Board will be determined within a reasonable period of time after the procedural interview. If the accused fails to appear at a scheduled Hearing Board and the absence is not excused, the hearing may proceed in the accuser's absence or may be rescheduled. Director of CS&E may be present at each Hocking College Hearing Board hearing. The role of the director is to ensure that the student code of conduct procedures are followed. The Office of CS&E will answer procedural questions asked by the board, complainant, or accused. The Director of CS&E will also keep the proceedings focused on issues relevant to the specific allegations.

  3. Hearing Board Guidelines

    The chair of the hearing board will assure an orderly hearing process so that fairness and due process are observed. All Procedural Interviews and Hearings will be closed to the public in order to protect the student's right of confidentiality. The exclusion of attorneys or law-trained professionals from the hearing does not limit the student's ability to pursue the matter through legal channels. Hearings will be recorded by the hearing officer to provide an accurate record of the proceedings. The recording will remain the property of and in the possession of Campus Judiciaries. For appeal purposes, the student may request to listen to the recording. Copies or transcriptions of the recording will not be provided.

  4. General Operating Guidelines
    1. The chair of the hearing board will open the hearing by informing the accused of the policies and procedures to be exercised throughout the judicial process as well as for questioning persons who speak for or against them during the hearing.
    2. In cases before the College Hearing Board, the chair of the hearing board will ask each member of the board to introduce themselves and relay their college affiliation.
    3. The chair of the hearing board will inform the board of its obligation to decide whether the student's actions violated the Code of Conduct and, if needed, to recommend sanctions.
    4. The Director of CS&E (or designee) will present reports and any evidence.
    5. The accused student will be given the opportunity to admit or deny the allegations.
    6. The complainant and accused student may present oral and/or written statements concerning the alleged violation.
    7. The accused student will have the opportunity to question witness(es), seek process clarification from the Director of CS&E (or designee), and examine any evidence provided.
    8. The complainant is afforded the opportunity to attend the Hearing and will have the opportunity to present oral and written statements, question the accused, seek process clarification from the Director of CS&E (or designee), and examine all evidence. Requests for special arrangements for the complainant's attendance requirement will be reviewed on a case-by-case basis.
    9. After all evidence and statements have been presented, the complainant and accused student, in that order, may summarize their positions.
    10. The Hearing Board will go into closed session to make its decision. The Hearing Board will base decisions on majority vote.
    11. The accused student will be invited to re-enter the hearing to be read the Hearing Determination and related sanctions (if applicable).
    12. The hearing officer will adjourn the hearing.
    13. Written notification of the Hearing Board's decision will be mailed to the accused student by the Director of CS&E within 10 working days of the hearing.
    14. Failure to comply with sanctions is a violation of the Student Code of Conduct.