Honor Code Officer Hearings

An Honor Code Officer Hearing is held before and conducted by an Honor Code Officer. The Honor Code Officer serves as the decision-maker in determining whether the Respondent is responsible for the charged Honor Code violation(s) and the disciplinary sanction(s), if any, to be imposed. (1) Honor Code Officer. An Honor Code Officer is a faculty member selected by the Faculty Senate to serve on the Honor Code Board. Honor Code Officers are trained by the Office of Student Conduct to conduct Honor Code Officer Hearings in accordance with the Honor Code. (2) Fairness & Impartiality. The Honor Code Officer will be fair and impartial. Any party to an Honor Code Officer Hearing has the right to challenge the fairness or impartiality of the Honor Code Officer. Any Honor Code Officer lacking fairness or impartiality will recuse himself or herself or may, for good cause and at the discretion of the Provost (or his or her designee) or the Faculty Senate President (or his or her designee), be removed from serving as Honor Code Officer for the hearing. (3) Notice. If an Honor Code Officer Hearing is selected for resolution of the charge(s), the Honor Code Officer will send the Respondent and the Complainant notice of the time, place, and date of the hearing at least five (5) business days in advance of the date of the hearing. (4) Hearing Procedure. An Honor Code Officer will conduct an Honor Code Officer Hearing in accordance with the following general procedures and rules: (a) The hearing will be closed to the public. (b) The Honor Code Officer will determine all procedural questions. The Honor Code Officer may be assisted by a procedural advisor appointed by the Office of Student Conduct. (c) Each Respondent and Complainant will be considered a party to the proceeding. (d) Each party and his or her advisor (if any) will be allowed to attend the portion of the hearing during which questioning is conducted and information is received by the Honor Code Officer. (e) Each party will be afforded a full and fair opportunity to present all evidence, including witness testimony that reasonably relates to the charge or action at issue. (f) The Honor Code Officer may limit the presentation of evidence which is irrelevant or unreasonably repetitious or voluminous. (g) The Honor Code Officer will consider all evidence presented and give due consideration to the credibility or weight of the information presented. Technical rules of evidence, such as evidentiary rules applicable to civil or criminal court proceedings, will not apply. (h) The Honor Code Officer will apply the preponderance of the evidence standard in determining whether or not the Respondent is responsible for the charged Honor Code violations. HONOR CODE CHAPTER 1720-02-01 (i) An appropriate record of the hearing proceedings will be made. An audio or video record may be made of the hearing. Defects in the record will not invalidate the proceedings. (j) Following the conclusion of the hearing, the Honor Code Officer will provide each party with a Notice of Decision setting forth the Honor Code Officer's decision on responsibility and, if applicable, the disciplinary sanctions to be issued against the Respondent and their effective date. (5) Multiple Respondents. In cases involving more than one (1) Respondent, the Honor Code Officer has the discretion to hold one (1) hearing for all of the Respondents or separate hearings for each Respondent. Any Respondent may, prior to the hearing, request that his or her hearing be conducted separately from the other Respondent(s). Such a request must be made in writing to the Honor Code Officer using the form(s) provided by the University. The Honor Code Officer will decide whether or not to grant such a request, and the Honor Code Officer's decision will be final. (6) Failure to Appear. If proper notice of the Honor Code Officer Hearing is provided to the Respondent in accordance with Section .08(3) of this Chapter but the Respondent fails to appear at the hearing, the Honor Code Officer has the discretion to hold the hearing in the party's absence or to reschedule the hearing. If the Honor Code Officer holds the hearing in a party's absence, the absent party will be subject to any decision(s) made by the Honor Code Officer, including any decision to issue disciplinary sanction(s) against the Respondent. Notwithstanding the foregoing provisions of this Section .08(6), the Honor Code Officer may decline to issue a Notice of Decision following the conclusion of the hearing and schedule a new hearing upon a showing of good cause by the absent party for his or her failure to appear. (7) Appeal. The decision of the Honor Code Officer may be appealed to the Provost (or his or her designee) in accordance with Section .11 of this Chapter.