Level Two: Conduct Board Hearing Process

Pre-Board Review
The Assistant Dean of Student Affairs or his/her designee will offer the opportunity to meet with the accused student to explain the judicial process as well as the student’s rights and responsibilities. The role of the pre-board review is not to determine accountability or responsibility, but to assist the student in understanding the Student Conduct Board hearing process and prepare his/her case. Should the student choose not to meet with the Assistant Dean of Student Affairs or his/her designee, the accused student is still responsible for participating in the Student Conduct Board hearing. Student Conduct Board hearings will be held even if the student chooses not to attend. As part of the
pre-board review, the following processes occur or information is discussed:

• The Hearing Officer (Assistant Dean of Student Affairs) schedules a preboard review to meet with the students accused with the alleged violation and presents a verbal synopsis of the charges.
• The student has a maximum of two school days from presentation of charges to submit in writing the names of any witnesses (subject to the Hearing Officer’s determination of relevance to his/her case) and prepare a case. One character witness from the College community may address the Board. It is the student’s responsibility to notify all approved witnesses as to date, time and location of hearing.
• Any student accused of any violation may be accompanied in his/her hearing by a Mount Aloysius faculty member, administrator or student whose role will be advisory in nature. This person is not permitted to address the board or act as a representative for the charged student. Parents, advisors or legal counsel from outside the Mount Aloysius community may not be present at any hearing; however, they may assist the student during the pre-board review process. (Note: Residence Life Staff members cannot provide representation.)
• The accused student is notified of the date, time, and location of the board hearing.
• At the board hearing the accused has the opportunity to ask questions of the person initiating the charges or of witnesses in the case. In cases of sexual assault or other violations of a highly sensitive nature, every effort will be taken to allow both the accused and the accuser the right to question without direct visual contact during the hearing.
• After the hearing, the Hearing Officer presents the board’s findings to the Vice President for Student Affairs or designee. The Vice President for Student Affairs or designee sends written notification of the results of the hearing to the student within three school days of conclusion of the hearing.

A judicial hearing is an internal review of possible violation(s) of College rules and regulations. Its purpose is to determine, based upon the preponderance of evidence, if violations have occurred and to assign sanctions which have as their purpose an educational and reconciliatory function. If, in the judgment of the Hearing Board, a student (because of multiple or serious violations, uncooperative attitude, etc.) is not upholding the philosophy and objectives of the College, the student may be dismissed from Mount Aloysius.

The membership of the Student Conduct Board consists of students, faculty and administrators. The Assistant Dean of Student Affairs serves as the Hearing Officer and, as such, presides over the hearing. The Assistant Dean of Student Affairs also serves as a resource to the Hearing Board and oversees the deliberation process.

The Hearing Officer reviews the case with the Hearing Board, introduces witnesses, directs the proceeding, makes certain that all relevant materials are reviewed, that non-relevant material is not introduced and that both the accused and the accuser have ample opportunity to present the facts of the incident as they perceive them to the Board members.

The Hearing Board reviews the case with the Hearing Officer and questions the student brought before the Board as well as any witnesses. The Board then discusses the case, including all testimony, in private. Specific violations are determined along with a recommendation for sanctions or that no violation occurred. The Board need not be unanimous in its vote; however, a majority must concur. The Hearing Officer presents the recommendation of the Board to the Vice President for Student Affairs. The Vice President for Student Affairs or designee will notify the student of the final outcome within three school days. All proceedings and results of the Board’s deliberations are
confidential.