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Hearing Procedures

Hearing Procedures

Preliminary Hearing for Honor Council and Judicial Council Cases

The chair will notify the accused student in writing of any accusations made against her, as well as her rights as an accused student. The written notification also will include the time, date and location of the preliminary hearing. The purpose of the preliminary hearing is for the chair and secretary to allow the accused to respond to the charges made against them and to determine whether the evidence warrants a full hearing by the Council. The accuser may be present at the preliminary hearing or may provide information in writing regarding the accusations. If the accused student denies the accusations made against her but the chair and secretary determine that substantial evidence exists that these accusations are just, the Council will hear the case as soon as possible.

The chair and secretary of the Council will make every effort to hold a preliminary hearing with the accused within one week of the reporting of an infraction. If a student fails to appear at the preliminary hearing without a valid excuse, the chair and secretary in their absence will determine whether available evidence warrants a full hearing with the Council. If the accused student accepts responsibility for the charges, the chair and secretary will call a meeting of the Council as soon as possible to determine the appropriate sanctions for the violations. Any member of a judicial body who has a role or personal interest in a case must recuse herself from the proceedings related to that case.

Hearing Procedure for Honor Council and Judicial Council Hearings

 If a student fails to appear before the Council without a valid excuse, the Council will hear the evidence presented in her absence and make a decision based on available evidence.

  1. The accuser (if one is present), accused and the accused’s advisor (if there is one) enter the room. All parties involved in the hearing are introduced to each other, and the hearing begins.
  2. The accuser gives her account of the case, followed by any questions from the Council. If the accuser is not present, the chair will read the accuser’s written statement and the Salem Colllege staff incident report(s).
  3. The accused then gives her account of the case, followed by any questions from the Council.
  4. The accused may then question the accuser(s), if present. The Council may interrupt with questions.
  5. Once the accused is finished, the accuser(s), if present may question the accused.
  6. If there are witnesses for the accused, they will come in individually to give their testimony and answer questions by the Council, the accused and the accuser. Witnesses may submit signed testimonies if they are unable to be present.
  7. Once all the witnesses for the accused have testified individually, the witness(es) against the accused will testify following the procedure stated above.
  8. The accuser, accused and advisor are excused from the hearing. The accused student will have the option to wait to learn about the decision of the Council. The Council, taking all statements and evidence into consideration, will deliberate and determine responsibility and then determine
  9. The accused and advisor will have the option to wait while the Council deliberates the case. The Council will then invite the accused and advisor back into the room for the announcement of its decision on the case, any sanctions that it will recommend to the Faculty Advisory Board for further consideration and a rationale for its findings.
  10. If the Council does not find the student responsible or gives the student the sanction of warning, the student will receive notification of the Council’s decision within three business days of the hearing.
  11. If the Council finds the student responsible and recommends a sanction of probation or higher, the Faculty Advisory Board will convene at the earliest time possible to review the decision. The student will receive written notification of her sanction as soon as possible following the Faculty Advisory Board’s review of the case.
  12. The dean of students office will inform appropriate offices of any sanctions issued to an undergraduate student on a need-to-know basis.
  13. In Honor Council cases brought by the faculty, the faculty member will be notified of the decision and recommendation for sanctions.

Hearing Procedure for Administrative Hearings

If a student fails to appear for her administrative hearing without a valid excuse, the student affairs administrator(s) will hear the evidence presented in her absence and make a decision based on available evidence.

  1. The accused and the accused’s advisor (if there is one) enter the room. All parties involved in the hearing are introduced to each other and the hearing begins.
  2. The administrator(s) will read the Salem College staff incident report(s) and present any additional available testimony or evidence to the accused.
  3. The accused then gives her account of the case, followed by any questions from the administrators.
  4. If there are witnesses for the accused, they will come in individually to give their statement and answer questions by the administrator(s) and the accused. Witnesses may submit signed testimonies if they are unable to be present.
  5. Once all the witnesses for the accused have testified, the witness(es) against the accused will testify individually and answer any questions by the administrator(s), accused and the accuser. Witnesses may submit signed testimonies if they are unable to be present. All witnesses are excused from the hearing at this time.
  6. The accused and advisor are excused from the hearing. The administrator(s), taking all statements and evidence into consideration, will deliberate and determine responsibility and then determine appropriate sanctions if deemed necessary.
  7. The accused will receive written notification of the outcome within 3 business days of the hearing.
  8. The dean of students office will inform appropriate offices and/or faculty members of any sanctions issued to an undergraduate student on a need-to-know basis.

Note: No cell phones or recording devices are allowed in a preliminary hearing or formal judicial hearing.