Hearing Board Training

Mission Statement To support and enhance the University's standards and core values by, “Promoting a just, safe, orderly, civil and positive University environment through conduct standards, disciplinary processes, training, and intervention efforts. ” OSC enhances an overall educational experience for students by embracing and promoting student learning and student development.

Philosophy of OSC Seize the opportunity to proactively educate a student who violates the Student Code of Conduct via the Conduct Process by applying sanctions (consequences) that modifies and redirects inappropriate behavior into a productive behavior.

Goals of OSC To Educate:  Educate the student to the ideals of the university community. To Develop:  Opportunities for growth and development within a safe learning environment. To Give Due Process:  Give the student every opportunity for due process— the right to a fair and impartial review to determine merit for charges *See page 90 in Code Accountability :  Give the student the opportunity to maturely decide to be accountable for his or her behavior. Self-Correction :  Have the student serve in an active role determining the consequences for behavior that violates community standards. Establishing Values:  Help clarify the student’s values and offer opportunities for learning.  Competency  Emotions  Maturity  Integrity  Purpose  Identity  Autonomy (self-sufficiency, independence

Student Rights  To have the benefit of an opportunity to be heard by an impartial Hearing Board or Hearing Officer in addressing an allegation (s) of a violation of the University  Disciplinary Conference  Disciplinary Hearing  To examine evidence to be used against him or her;  Disciplinary Conference  Disciplinary Hearing  To view the list of witnesses against him or her at the administrative discipline conference or prior to a hearing in front of a hearing board.  May have an advisor/attorney present at the hearing. Student is responsible for representing self.  To be informed of the Student Code of Conduct and its corresponding procedures  Handbook  Mass Notification  Orientation  To petition for redress of a grievance arising from an incident which violates University policy and/or the Student Code of Conduct.  Right to file a complaint and request resolution  To receive notice of any alleged violation of University policy and/or breaches of the Student Code of Conduct  Notice of Charge (s)

Student Code of Conduct The Code of Conduct is part of Southeastern Handbook beginning on page 80 and ending on page 102. The Code explains the Conduct Process in its entirety.

Purpose of the Code Page 80 University seeks to teach  Citizenship  Valuing others  Respect for community Students are responsible for familiarizing themselves with all University policies. Students are expected to conduct themselves in a manner which supports the educational mission and function of the University and to comply with all federal, state, and local laws and University policies.

OSC Jurisdiction Page 83 Cases Handled by OSC: Student/Faculty/Staff Complaints and UPD Reports  Campus Incidents On- or Off-campus incidents Incidents that rise to the level of separation from the University Academic integrity issues Incidents involving Arrests  Housing Cases Incidents that rise to the level of dismissal from housing. **Housing handles all cases which occur within the residential halls that do not rise to a level of dismissal.

Article IV: Proscribed (prohibited) Conduct 1. Acts of Dishonesty 2. Disorderly Conduct 3. Violence to persons 4. Sexual abuse/assault 5. Endangering physical well-being 6. Use of drugs 7. Use of alcohol 8. Abuse of property 9. Trespassing 1. Possession of weapons 2. Possession of explosives 3. Computer usage abuse 4. Interference with Safety Regulations 5. Violations of published policies 6. Violations of federal, state or local laws 7. Failure to comply 8. Abuse of the campus discipline system Conduct Standards and Regulations (Violations) Page 84

Case Flow Process Page Step 1: Complaint Received (by any University member) Step 2: Notice of Charge sent to Respondent Step 3: Disciplinary Conference Responsible or Not Responsible  If plea of RE, sanctioned accordingly (in office)  If plea of NR, Refer to Hearing See Brochure for more info…

The Role of a Hearing Board Designed to discover the source of a problem and arrive at a reasonable solution. Helping students grow through preventive and corrective measures.

Duties of a Board Member Arrive on-time (15 min) before hearing Review hearing evidence Prepare questions Stay open minded and unbiased Remember the Complainant bears the burden of proving their complaint against the accused. Listen carefully Be patient Stay focused on collecting facts You must have sufficient evidence to form you decision (RE/NR) Be creative in your sanctioning targeting the behavior needing modification and safety of campus Record your rationale (reasoning behind decision and sanctioning)

Composition of Hearing Board 1. A hearing board may be composed of only faculty and staff called an Administrative Hearing Board. OR 2. A hearing board may be composed of students, faculty and/or staff called the Student Conduct Hearing Board.

Collection of Facts and Questioning Carefully phrase your questions as Open-Ended Questions: Who? What? When? Where? Why? How? It is important to courteously question all witnesses, complainants, and respondents. Your task is to find all facts. *See Handout: Questioning

Collection of Facts and Questioning Try to avoid: Close-ended questions (Did you?, Were you?) They do not offer much explanation and usually result in a “yes” or “no” answer.  Question: “Were you angry when you broke the window?”  Answer: “No.” Multiple Choice Questions Tend to persuade a less incriminating answer.  Ex. “What was the worst thing you did growing up; tell a lie, drugs, steal, or run a stop sign?  Answer: “Run a stop sign?”

Questioning Exercise

Change each Closed-Ended question into an Open-Ended question. Closed Ended 1. Mr. Jones, did you see Scott punch Sam? 1. Was it dark when you arrived at the party? 1. Do you enjoy being a member of Tri-Lambda fraternity? Open Ended 1. Mr. Jones, what did you observe while sitting in the class room? 1. What was the approximate time you arrived at the party? 1. Please tell me about your experiences as a Tri- Lambda member?

Decision Process Testimony What is the relevance? Credibility Motive?, Ability?, Malice?, Threats?, Bx? Evidence  Direct Observation/experience  Circumstantial  Documents

Determining Responsibility Preponderance of Evidence Imagine yourself weighing the evidence on a scale, you must be more than 50 % sure that the student violated the policy to find s/he responsible.

Deliberation: Reaching a Consensus Consider all the facts. Venting Phase  Review Charges  Compile Evidence  Testimony- Relevance  Credibility: Motive?, Ability?, Malice?, Threats?, Bx?  Evidence  Direct Observation/experience  Circumstantial  Documents Discussion  Determine Responsibility  Based on the preponderance of the evidence, did the violation occur? Brainstorm  Sanctions Range of Sanctions Determine if violations should be treated individually or separately Consider  Prior misconduct  Time remaining in school to complete sanctions  Developmental Issues  Write the Decision Brief rationale

Sanctioning (Preventative Measures) Page “The opportunity to educate and modify student behaviors for the future.” Questions to consider when recommending sanctions: 1. What was the intent of the student? 1. What were the actual consequences of the behavior? 1. What were the potential effects of the behavior? 1. Was alcohol/drugs a factor? 1. What is the attitude of the student? 1. What is the student’s past history/record? This information is only give after finding of responsibility are made.

Sanction Types Examples: Community Service Counseling  Substance Abuse Assessment  Anger Management  Substance Abuse Written Assignment  Research paper  Educational program Probation Suspension Expulsion PAGE 96 IN CODE

Appeals Page 100 In all cases, the complainant and respondent may appeal the decision of the Hearing Board to the Vice President of Student Affairs. Cases involving separation from the University over one year may appeal up to the University of Louisiana Systems board.

MOCK HEARING

Open Discussion