Student Administrative Boards
The Student Administrative Boards consist of:
- Student Conduct Board
The Student Conduct Board is a fact-finding and decision-making body consisting of members of the University community (who have been selected and received training by the Student Conduct Office staff), a non-voting Hearing Coordinator, and a non-voting Coordinator of Student Conduct. The members of the Student Conduct Board have the responsibility for hearing complaints against students, determining whether a student is, more likely than not, responsible for a violation of the Student Code of Conduct, and recommending disciplinary sanctions to the Coordinator of Student Conduct.
- Administrative Student Conduct Board
The Administrative Student Conduct Board consists of faculty and/or staff representatives and the Coordinator of Student Conduct. The non-voting Coordinator of Student Conduct will serve as the hearing official and as a consultant to the Board. This Board, which meets when the Student Conduct Board is not able to meet, is empowered to make decisions and recommend disciplinary sanctions.
Disciplinary Hearing Procedures
The following procedural guidelines are established for the direction of all persons and boards conducting disciplinary hearings on complaints against a student at Gallaudet University.
- The student shall be notified by the Coordinator of Student Conduct that a complaint has been made. The Coordinator shall provide the student with a written statement with the name of the complainant (person(s) or the University), the procedures for resolving the conflict, and the range of sanctions that may be imposed.
- The student must make an appointment for a pre-hearing meeting with the Coordinator of Student Conduct or a designee no later than five working days after the letter is received.
- If the student fails to arrange a meeting with the Coordinator of Student Conduct within five working days after receipt of the letter or fails to show up at the scheduled pre-hearing meeting, information in support of the charge(s) will be presented and considered.
- The student shall be informed by the Coordinator of Student Conduct of several possible ways to handle the case: 1) appear at a scheduled hearing and present his/her case before the Student Conduct Board, 2) request a disciplinary conference and waive your right to a Student Conduct Board hearing or 3) accept responsibility for the violation(s) as charged, waive your right to a hearing and presenting witnesses on your behalf, and accept sanctions imposed by the Coordinator of Student Conduct. In the event of scheduling difficulties or special circumstances warranting it, the complaint may be heard and action decided by an Administrative Student Conduct Board hearing.
- The student shall be notified at least 72 hours in advance of the time, date, and place of the hearing. Hearings shall be conducted in private.
- A single hearing may be held for more than one person charged in cases arising out of a single or multiple occurrence(s). The Coordinator of Student Conduct will make such determinations. However, each student retains the right to have his/her case heard individually.
- The student may appear in person and present relevant information to the Coordinator of Student Conduct or the Student Conduct Board, and may call witnesses. The student will have the opportunity to hear and question all participants at the hearing. Should the student elect not to appear at the hearing, it shall be held in the absence of the student.
- Students may be accompanied by an advisor (the advisor shall be a member of the full-time faculty, staff, or student body of Gallaudet University, but not a lawyer). The student is responsible for presenting his or her own information, and therefore, advisors are not permitted to speak or to participate directly in the disciplinary hearing. Advisors may confer with a student only when there is not a question on the table or a response pending from the student. A student should select an advisor or a person whose schedule allows attendance at the scheduled date and time of the hearing because delays will not normally be allowed due to the scheduling conflicts of an advisor. Violations of any restrictions for advisors will result in the advisor being removed from the hearing at the discretion of the Coordinator of Student Conduct.
- The Board may, by majority vote, limit the number of witnesses because of redundancy or irrelevancy.
- The student may remain silent to preserve the right against self-incrimination. In such cases, other available information will be considered.
- Formal rules of evidence shall not be applicable to campus disciplinary hearings. Any information or testimony the Board or hearing official believes to be relevant may be admitted.
- After the hearing, the Student Conduct Board shall determine whether the student is responsible for the violation with which he/she is charged. The student shall be entitled to an explanation of any decision. The Student Conduct Board's determination shall be made on the basis of whether it is more likely than not that the accused student violated the Student Code of Conduct. The burden of proof rests on the complainant.
- The student shall be informed of the right to appeal a decision to the Executive Director of Student Affairs. A decision or judgment of the Student Conduct Board or hearing official may be appealed by either or both of the parties involved on the following grounds:
- The Student Conduct Board hearing was not conducted fairly and in conformity with prescribed procedures, which made it unfair. Deviations from designated procedures will not be a basis for sustaining an appeal unless significant unfairness results.
- New or newly discovered information that could not have been produced at the hearing. In order for the Executive Director of Student Affairs to consider new information sufficient to alter a decision, or other relevant facts not brought out in the original hearing, such information and/or facts must not have been known at the time of the original hearing by the appellant.
- The decision is not supported by substantial information considering the record as a whole. That is, the facts in the case were not sufficient to establish that a violation of the Student Code of Conduct occurred.
- The sanction imposed was excessive or insufficient and not appropriate for the violation.
An appeal must be in writing, must indicate the basis of the appeal with an explanation, and must be made within five working days of the date the parties were notified of the decision. In an appeal case, action assessed by the initial Student Conduct Board or hearing official may be held in suspense until acted upon in appeal, at the discretion of the Executive Director of Student Affairs. The Executive Director of Student Affairs may affirm, reverse, or modify the sanction originally assessed. The Coordinator of Student Conduct shall convey pertinent information to the Executive Director of Student Affairs. The decision of the Executive Director of Student Affairs is final.
No release of information about a case heard by a Student Conduct Board is permitted except jointly by the Student Conduct Coordinator or higher administrative authority.
All Student Conduct hearings shall be closed to the public in order to protect the confidential nature of the proceedings.
Any Student Conduct Board member shall elect to abstain from participation in a hearing when the member has a duality of interest in the case or a personal reason that precludes participation without prejudice.
Because of the expenses it would incur, provision for written transcripts of campus disciplinary hearings is not required.
The Student Conduct Board and/or Coordinator of Student Conduct shall determine the rules of procedure in addition to those stated herein.