Student Rights Guaranteed in the Complaint Resolution Procedures

11.1 Burden of Proof

The burden of proof will rest upon the complainant. The complainant is usually a university staff member who is presenting the complaint on behalf of the university.

11.2 Standard of Proof

A student is considered to have violated this code when the student:

a) Admits to the violation; or

b) The evidence available at the time of the hearing supports a finding of responsibility under this code. The standard of proof will be that it is "more likely than not" that the Code of Student Behavior has been violated.

11.3 Notice of Charges

Within a reasonable number of business days (generally 15) of receipt of the complaint, the designee of the dean of student life will send a written notice to the accused student to arrange a prehearing conference.

The notice of charges will include:

a) Nature of the alleged inappropriate behavior;

b) Date, time and place of the alleged inappropriate behavior;

c) Source of the complaint;

d) Summary of the evidence to be presented;

e) Maximum sanction applicable if found in violation of the Code of Student Behavior;

f) Notice that a decision may be made in the student's absence if the student chooses not to appear at the hearing and that the failure to appear will be considered in reaching a decision whether or not the behavior code has been violated; and

g) URL directing the student to the online copy of the code or a printed copy of the code.

The student and the complainant must be given notice in writing of a summary of the charges and evidence to be presented in sufficient time to ensure an adequate opportunity to prepare for the hearing. The university will do all it can to provide the student and complainant oral or written notification of the hearing 48 hours prior to the hearing date.

11.3.1 Verbal Notice

In some cases a verbal request for a pre-hearing conference may be made (followed by a written request if the student so chooses), particularly in minor cases or cases in which an expedited hearing is appropriate. Verbal notice of expedited hearings may be used the two weeks prior to any university break of more than one week or when the student has indicated a decision not to return the following semester.

11.4 Prehearing Conference

During the prehearing conference, the hearing officer or designated official will discuss the:

a) Student rights and responsibilities and

b) Nature of the complaint and how the Code of Student Behavior may have been violated.

The student has a right to make a written and/or oral statement describing the event(s) that led to the charges, and the student may request an immediate hearing take place with the administrative hearing officer.

The administrative hearing officer may refuse to hear the case and refer it to another administrative hearing officer or complaint resolution board. Cases involving student organizations will be forwarded to an administrative hearing officer for investigation.

11.5 Administrative Hearing and Complaint Resolution Board

The Code of Student Behavior complaint resolutions procedures at NDSU include:

a) An administrative hearing officer designated by the dean of student life or

b) A complaint resolution board.

11.6 Conflicts of Interest

No administrative hearing officer or board member who has a conflicting interest in the particular case may sit in judgment during that proceeding. Each party has the right to challenge an administrative hearing officer or board member for good cause in writing to the dean of student life at least 48 hours prior to the hearing. If a charged student or a complainant fails to raise a perceived conflict by objecting to that person two business days in advance, any objection is deemed to be waived. An individual may not be disqualified solely on the basis of his or her position in the university community.

11.7 Witnesses and Evidence

The accused student and the complainant shall be given reasonable opportunity to present their cases, including presentation of other evidence beyond written and verbal testimony by themselves and their witnesses. Witnesses will remain only for the duration of their own testimonies.

If both parties agree, the hearing may be limited to a consideration of written statements. All testimony and other evidence upon which the decision will be based must be introduced into evidence at the proceeding or must have been provided in writing to the administrative hearing officer or chair of a complaint resolution board 48 hours prior to the hearing for distribution to the board members. The decision must be based solely upon such information presented in the proceeding. Any evidence acquired in violation of the university rules on investigation of student behavior shall not be admissible (see Section 12.1 Evidence). The focus of the complaint resolution proceedings shall be to determine whether the accused student is responsible or not responsible for the alleged code violations. Formal rules of evidence shall not be applicable, nor shall deviations from prescribed procedures necessarily invalidate a decision or proceeding, unless significant prejudice to a student or the university may result.

11.8 Hearsay Evidence

Hearsay evidence is permitted and will be given any weight deemed appropriate by individual decision makers.

11.9 General Character Witnesses

Character witnesses are usually not permitted to appear before the hearing officer/board, but the accused student may submit up to three written documents to the hearing officer/chair of the board 48 hours prior to the hearing. Each statement must be dated and signed, with the name of the individual signing printed below to ensure legibility. The hearing officer/chair of the board may consider them during sanctioning, if the accused student is found responsible for violating this code.

11.10 Questioning Witnesses

The student and the complainant have the right to address questions through the hearing officer/board to other witnesses at the hearing. If both parties agree, however, the hearing may be limited to a consideration of written statements. A witness may testify in the absence of the accused student with prior approval of the administrative hearing officer or the complaint resolution board chair.

An absolute right of cross-examination is not granted under this code. All questions will be addressed to the administrative hearing officer or complaint resolution board chair. The administrative hearing officer or complaint resolution board chair will then rephrase relevant and reasonable questions, if necessary, and will retain the right to exclude questions that are redundant or irrelevant to determining responsibility. Persons answering questions will be given reasonable latitude to respond to questions fully.

11.11 Hearing Advisor

The student and complainant each have the right to have a person present who may act in an advisory capacity. This person cannot address the Code of Student Behavior complaint resolution board, the hearing officer, or ask questions of witnesses.

11.12 Attorneys

If the student chooses to have an attorney present as his or her hearing advisor, the NDSU general counsel may be present to observe the proceedings. The complainant, if not a university staff member, also may choose to have an attorney present during his/her presentation. The role of the attorneys shall not be to participate in the hearing other than to advise their own clients. Attorneys who do not respect this provision may be cautioned by the hearing officer/chair of the board and if they persist, may be asked to leave.

11.13 Self Incrimination

Accused students and witnesses shall not be compelled to incriminate themselves by being forced to testify that they engaged in behavior constituting a violation of this code and/or local, state or federal law.

11.14 Closed Hearings

All hearings are normally open only to those persons who are part of the proceedings, unless otherwise arranged by prior mutual written agreement between the charged student and the dean of student life. Witness(es) will remain only for the duration of his/her (their) own testimony. Exceptions may be made by the dean of student life.

11.15 Appeals

Students sanctioned for violations of this code may appeal. Appeals are limited to one level (see Section 16).