Reports and Hearings

The steps followed by the Residence Life staff to resolve formal disciplinary matters make up the judicial process. This system exists to assure that basic due process is granted to all students of our community who find themselves in conflict with the community’s standards. All such conflicts are resolved by members of the UAS residential community in a system which, though avoiding the formalities and complexities of a legal process, nevertheless aim to respect the dignity of the individual as well as personal and community rights. With heavy reliance on the honesty of all participants, it is assumed that reasonable people, properly informed, can and will make judgments in the best interest of the residential university community. Decisions will be made based on the “preponderance of evidence.”

Pre•pon•der•ance
1: a superiority in weight, power, importance, or strength
2: a superiority or excess in number or quantity

The following judicial structures and procedures have been set in place and are to be considered binding on all parties:

Incident Reports

Community Advisors, Peer Advocates, and other staff are mandated to document any incidents, including safety issues, wellness concerns, altercations, or policy violations, that are brought to their attention inadvertently or directly. Incidents may be reported openly or discreetly by another resident, or be observed or encountered by the staff member. The incident report shall document the name of individuals involved; time, place, and location of the incident; a detailed description of the incident and student-staff interactions during the incident, and the conclusion or resolution of the incident. Incident reports do not necessarily indicate impending judicial action, but rather serve to report and document potential issues that may require the attention of the professional staff or incidents that need to be recorded in case of further developments or repeated offenses.

Incidents which report policy violations and that may result in judicial action will be submitted to an administrator to be revised and edited. As a courtesy, the report’s author will make a reasonable number of attempts to bring the report to the involved residents so that they have a chance to read and sign the report. Because review of the report by the resident(s) is offered only as a courtesy, refusal of the resident to sign the report does not release him or her from responsibility in the incident. Residents are encouraged to write any additional details or disagreements with the report on the back of the form for the administrator to read. The Community Advisor who completes the report will document failed attempts to contact involved residents before returning the report to the administrator who would officiate any pending judicial hearings.

Hearings and Adjudications

All cases involving student infractions of residence life policies and regulations will be adjudicated by:

1. A Residence Coordinator. Either administrator may hear cases of the other in one’s absence or if the case is referred by one administrator to the other.
2. The Residence Life Manager, in cases that may lead to eviction, including assault, hazing, severe harassment, sexual assault, severe vandalism or theft, illegal weapons possession, third hearings for alcohol, and second offenses for drugs. In the absence of this administrator, such cases may be heard by the Director of Auxiliary Services.
3. The Campus Judicial Officer, which will hear all disciplinary cases where the infractions are academic in nature or of such a serious nature that suspension or expulsion of the student or group is possible. The exception is when the allegation involves sexual assault/misconduct.
   

Judicial decisions by the above will be based on the “preponderance of evidence.”

Rights and Responsibilities of Students Subject to Disciplinary Hearings

Regardless of whether a student or group has the disciplinary issue heard by a staff member acting as a hearing agent or by any judicial committee, they are assured the following rights:

1. Student(s) shall be presented the charges brought against him/her/them in writing at least 24 hours before the hearing is scheduled. Any such notice shall also state that if the student fails to appear before the committee without just cause, the hearing shall be heard in his/her/their absence.
2. The student shall be entitled to be present at the hearing during the presentation of any matter on which a decision may be based.
3. The student shall be entitled to present his or her case through statements, questions, witnesses and other forms of evidence.
4. The student shall be entitled to refuse to answer questions, though witnesses shall be required to answer all questions asked of them unless their answers would tend to incriminate them under any provisions of university policy.
5. The decision of the hearing agent shall be made only on the basis of matters presented at the hearing and in the incident report.
6. The department/student shall be entitled to make a written or taped record of the events of the hearing. The Office of Residence Life will require that all such records remain in its custody; provided, however, that the student has access to the record for all purposes relating directly to hearings and their appeals.
7. The student shall be entitled to a written notice of the results and findings of the hearing and to an explanation of the decisions rendered against him or her.
8. If the student’s continued presence in Student Housing is viewed as disruptive or dangerous, the Residence Life Manager may ask the student to leave the residential complex during the period of time that the hearing/appeal is being processed.
9. The student shall have the right to appeal the decision of the hearing agent. Should he/she appeal, any action based on such decisions shall be held in suspense until acted upon by the Residence Life Manager  or the Director of Student Life. (See Appeal Process section)
10. All disciplinary hearings are closed to the public. Persons in attendance at closed hearings shall be limited to:
    
    1. the hearing agent or members of the judicial committee
    2. the student and his/her counsel
    3. the witnesses. Witnesses will be asked to withdraw after their statements have been received.
11. If a student or group of students is asked to appear before a judicial hearing agent and if he/she/they fail to appear for the hearing or investigation without just cause, this will be considered a violation of residence life policy and such students will be subject to further disciplinary action.