Hearing information

 

This page is designed to help filter information provided to a student going through the formal hearing process.

 

 

Formal Process

When a student is accused of violating the Code of Student Conduct, a notice of formal charges is delivered to the student. The accused student is provided a copy of the complaint, any witness statements, a Plea Indication Statement, and this Conduct Adjudication Information pamphlet.

A hearing gives the accused student the opportunity to respond to the information contained in the complaint filed against him or her and to provide additional information important to a resolution of the case. He or she is allowed to ask questions of the complainant (if that person is present) and any witnesses who appear at the hearing.

All disciplinary hearings are audio taped.  The Office of Student Conduct and Integrity will maintain the tapes of hearings until such time as the appeal period has ended.  At that time, the tape is erased.  All documents and records, including the audiotape, are the property of Indiana State University, and will not be released to any other party without a court order. Certain University officials may have access to these records if the Director of Student Conduct and Integrity, along with appropriate administrators, determines that there is a legitimate need to know justifying access to the records.

As soon as possible after the hearing, the accused student will meet with the Director of Student Conduct and Integrity or his/her designee.  At this meeting, the accused student will receive information outlining the written decision and the rationale for the decision will also be explained. The complainant may also be notified of the decision.  If the accused student fails to attend the decision-giving meeting, an encumbrance (hold) may be placed on the student’s future enrollment until that meeting takes place. 

 

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Witnesses

When preparing for a hearing, it is the responsibility of the accused student and the complainant to arrange for his or her witnesses to appear at the hearing.  If a witness is unable to appear, he/she may submit a typed statement to the Office of Student Conduct and Integrity. This statement must be prepared and delivered to the Office of Student Conduct and Integrity by the witness at least two days before the scheduled hearing.

Witnesses are persons possessing firsthand knowledge of the incident in which the accused student was allegedly involved.  Character witnesses are not considered relevant to these proceedings.

 

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Advisor Information

The accused student and the complainant may choose to utilize the services of an advisor.  The advisor must be a member of the University community (faculty member, administrative or support staff employee, or a student) and must not have a vested interest or involvement in the incident under consideration.  The advisor is not allowed to represent the student.  The advisor is allowed to consult with the student.

Students seeking an advisor are asked to contact Al Perone (Associate Dean of Students/Ombudsperson), 812-237-3829.

In some cases where an attorney has been retained due to concurrent criminal charges, the attorney may be present during an administrative process.  The attorney will not be allowed to speak for the accused student and may not address the hearing body directly at any time.  The attorney acts only as an advisor to the accused student.

 

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Student Rights in Formal Hearings

A student, against whom formal charges have been filed, has several due process rights.  Specifically the student:

  1. Is provided a copy of the written charges, identifying those sections of the Code of Student Conduct that apply to the student's alleged behavior.

    2.    Is provided copies of the written complaint, any witness statements, and any other information that is used as the basis for administrative charges.

    3.    Is provided a reasonable amount of time to prepare a response to the charges. (A reasonable amount of time is defined as five (5) to ten (10) days.) This response includes the right to solicit written witness statements for the record. Witness statements must be prepared and submitted by the witness to the Office of Student Conduct and Integrity at least two days prior to the hearing of the case.

    4.  Is provided an opportunity to appear at the hearing and to share his/her perception of the incident.  The accused student may also question any parties making statements at the hearing.

    5.  May utilize the services of an advisor.  An advisor must be a member of the University community (faculty member, administrative or support staff employee, or a student) and must not have any vested interest or involvement in the incident under consideration.  The advisor is not allowed to represent the student.  The advisor is allowed to consult with the student.

    In those cases where the accused student is also facing concurrent criminal charges for the same event, an attorney may be used as the student’s advisor.  The attorney is not allowed to represent the student but is allowed to consult with the student.

    Failure to follow these guidelines will lead to the disqualification of the advisor.  The hearing will proceed even in the event of this action.

    6.  Is not compelled to make a statement at his/her hearing.  The student’s decision not to make a statement will not be interpreted as evidence of guilt.  The hearing will proceed.

    7.    Is provided written notice of the decision. The decision will be presented as soon as possible after the hearing.

    8.    Is provided the opportunity to pursue an appeal of the disciplinary action.

 

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University Responsibilities in Formal Proceedings

  1. The appropriate University due process will be observed in all hearings which may result in a change of student status or standing.

  2. The University shall not institute disciplinary action against a student for off-campus conduct, criminal, or otherwise, except in those cases that adversely affect the University community and/or the pursuit of its objectives

  3. University disciplinary proceedings may be instituted against a student charged with a violation of a law that is also a violation of the Code of Student Conduct; for example, if both violations result from the same factual situation without regard to pending civil litigation or criminal arrest and prosecution, proceedings under the Code may be carried out prior to, simultaneously with, or following civil or criminal proceedings.

  4. The University must provide charge notification to the student within six (6) months of a complaint being filed. Reasonable notification involves delivery of notice to the local address provided by the student.

  5. When the action of Interim Suspension is taken with a student, an official representing the University is required to appear before the All-University Court within five (5) business days to submit the decision for review.   If the All-University Court overturns the Interim Suspension decision, the University must take all necessary steps to facilitate the student's resumption of class attendance. 

  6. Neither the University or the Student Government Association, nor any part of either shall make any rule, regulation, or law which shall deny any student the rights, freedoms, or privileges guaranteed or granted by the United States Constitution, or the laws under it, or the State of Indiana Constitution, or the laws under it.  Nor will any rule, regulation, or law be construed or interpreted as denial of such rights and privileges.

  7. Students, their on campus residences, their possessions and/or other areas where they have an expectation of privacy are subject to search and seizure under the following circumstances:

    1. Criminal Actions – When police officials have probable cause to believe a crime either has been or is being committed they may conduct searches based on consent, a valid search warrant, incident to arrest or, in the case of motor vehicles, with proper probable cause or for purposes of inventory prior to being impounded.

    2. Administrative Actions – When campus officials believe a University regulation either has been or is being violated they may conduct searches based on consent or the permission of designated University official(s).  In addition, administrative searches of residence hall rooms may be conducted by designated University officials as part of either an announced or unannounced health and safety inspection.

    3. Emergency Situations – Police and/or University officials may conduct searches if an obvious threat to life or property exists.

  8. The University approaches all cases with a presumption of innocence regarding the accused student.  Clear and convincing evidence is needed to establish violations of the Code of Student Conduct.

  9. Except in those cases necessitating Interim Suspension, or situations which cause immediate concern for the welfare of persons and/or property, the rights and privileges of a student will not be denied prior to a full judicial proceeding and a determination that the student is responsible for violating University regulations.

  10. The University is responsible for maintaining records of judicial proceedings in a manner that assures confidentiality.  The University will divulge the contents of these records only under the following conditions:

    1. With the written permission of the accused student.

    2. In response to a court order or subpoena

    3. To parties excluded from the privacy statutes by legislative actions. (See specifically the Campus Security Act as amended).  For other information please refer to the Access to Records section

 

 

 

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