Types of Hearings
The following types of hearings are available for resolution of a student conduct complaint adjudicated by the Office of Student Support & Accountability:
- Administrative Hearing
- Board Hearing
Hearing Overview
- Hearings are only conducted when a respondent denies violating one or more university regulations/policies cited by a complainant. The purpose of the hearing is to ask a third party (administrator or hearing board) to adjudicate the area(s) of dispute.
- The burden of proof is on the complainant, which means the person who filed the complaint must demonstrate that the respondent violated regulations/policies by presenting supporting information and documentation. This is often done through verbal statements, but may include supporting written or visual documentation.
- The evidentiary standard for demonstrating a violation is a preponderance of the evidence. This means the administrator or hearing board will decide the case based on what was more likely to have happened.
- The hearing body will weigh supporting information and documentation to determine if a violation occurred.
- If none of the cited regulations/policies are supported by the preponderance standard, the case will be dismissed. If any cited regulation is supported, the administrator or hearing board will decide on appropriate sanction(s). Any prior disciplinary history will also be considered in sanction determination.
Notification of Hearing
At least five (5) class days prior to a hearing, the respondent and complainant will be provided with a written notice (to MSU email) containing the following:
- the name of the board or administrator conducting the hearing;
- the time and place of the hearing;
- the regulation(s) alleged to have been violated along with sufficient detail of the allegations to allow the respondent to prepare a case;
- the name of the complainant;
- the name of the complainant's advisor, if any;
- the name(s) of the complainant's witness(es), if any
Response to Notification of Hearing
The respondent is responsible for responding within two (2) class days from the date of the notification of hearing letter with the following information:
- the name of the respondent's advisor, if any;
- the name(s) of the respondent's witness(es) and their affiliation to the University community, if any;
- a preference for an open hearing (subject to conditional approval)
Attendance at Hearing
The hearing may be held in the respondent's absence. Should the complainant fail to appear at the hearing, the administrator and/or hearing board may postpone or dismiss the case.
Preparation for a Hearing
- Prepare an opening (and possibly a closing) statement. This statement should include all information you wish to communicate to the hearing administrator/hearing board regarding the allegations and your perspective on if they were or were not violated.
- Bring notes made prior to the hearing that cover all pertinent information.
- Focus on the incident at hand and information directly applicable to the regulations in question.
- The complainant may want to establish their motivation for filing the report.
- The complainant and respondent may want to establish their desired outcomes for the hearing during their statements.
Hearing Protocol
After a brief introduction of all participants, the hearing administrator/hearing board will briefly describe the procedures:
- The complainant and respondent each have up to thirty (30) minutes to present relevant information, including statements from their witness(es). Witnesses will remain outside the hearing room until called into to present their information.
- The respondent, complainant and hearing administrator/hearing board may ask questions of any participant (complainant, respondent, witness(es)) in a hearing. This is often the longest part of the hearing.
- The complainant and respondent have ten (10) minutes for a closing statement each.
- The hearing administrator/hearing board will then review the next steps.
- Upon conclusion of the hearing, the hearing administrator/hearing board will consider the information presented in relation to the regulations cited in order to determine if any of the allegations were supported by a preponderance of the evidence.
- A written decision regarding the finding of responsibility and any recommended sanction(s) as relevant, is generally issued within one class week of the conclusion of the hearing.