Fundamental Fairness in Hearing Process

A student will not be subject to official action for non-academic misconduct unless

  • The student has had a conduct hearing; OR
  • The student has waived the right to a hearing through a responsible plea; OR
  • The judicial officer has taken interim action (interim response pending a hearing); OR
  • Discretionary responsibility for resolving the matter has been retained by the President or a delegate.

The fundamental fairness points outlined below apply to all students who will participate in a hearing to determine whether they have violated the standards of our community. In many cases, the University is the only identifiable victim of an alleged offense, however, when the judicial officer identifies another student as a victim they are also afforded the rights outlined below.   

Fundamental fairness for conduct hearings at the University consists of the following standards:

  1. All charges must be in writing and presented to the respondent and victim at the time of notification of the hearing. 
  2. Charges shall be reasonably specific as to the nature, time, and place of the alleged infraction.
  3. The respondent and victim shall be informed of his or her rights in his or her preliminary meeting with the judicial officer.
  4. The respondent and victim shall be afforded two (2) days to indicate a preference for which kind of hearing (e.g., administrative or student) he or she wishes to have. This two day limit shall also be the term during which offers for a Responsible Option—if offered—shall be valid. Final determination of hearing type shall be made by the judicial officer.
  5. The respondent and victim shall be afforded at least seven days’ notice of the hearing in writing.
  6. Hearings are normally scheduled within 14 business days after the hearing forum has been selected; however, the
    judicial officer may extend or shorten time lines to accommodate academic calendar or other extenuating circumstances.
  7. The respondent and victim may indicate a preference for an open or closed hearing. (Open hearings can be attended by members of the University community, and information about the incident and hearing can be made available to members of the University community). In the absence of an indicated preference, hearings are closed. Final determination of whether a hearing will be an open or closed hearing shall be made by the judicial officer.
  8. The respondent and victim shall have the right to be accompanied by an advisor who may confer with and assist the student but may not speak for him or her as an advocate. The advisor must be a member of the University community who is not an attorney. Names of recommended advisors who are well informed about disciplinary procedures are available from the Center for Student Conflict Management. Respondents and victims are strongly encouraged to choose an advisor knowledgeable in the conduct process. In cases involving allegations of sexual assault or harassment the advisor may not be an undergraduate student.
  9. Hearings are recorded. A recording of the hearing will be available in the event of an appeal, but remains the
    property of the University.
  10. The respondent and victim shall have the opportunity to answer accusations and to submit the testimony of material witnesses on his or her own behalf. Witness statements, security reports, residential life incident reports, and depositions—scheduled with the judicial officer and respondent—shall be acceptable as documentation submitted to a board. All other documentation is subject to review by the judicial officer prior to the time of the hearing.
  11. All evidence and testimony, including the relevant security reports, the text of statements made by the respondent prior to his or her hearing and used at the hearing, and any physical evidence shall be presented in the presence of the respondent; however, legal rules of evidence shall not apply.
  12. Relevant reports, documents and other evidence may be reviewed by the respondent and victim in the Office of the Dean of Students prior to the hearing. Copies of any such material may not, however, leave the office.
  13. The respondent and victim shall have the opportunity to indirectly question (through the hearing teams/officers) all witnesses present during the hearing. This does not necessarily include the right to confront witnesses in person.
  14. The victim will be given an opportunity to make a victim impact statement which will become part of the case record to be reviewed by the judicial officer and by any dean or director considering an appeal.
  15. The victim may request separate hearing rooms (connected electronically) in order to allow full participation of the parties while at the same time avoiding undue embarrassment or intimidation.
  16. Victims should be aware of the fact that they may be required to refrain from speaking publicly about the outcome
    of judicial cases due to laws and University policies.  In the event that such is necessary, the victim will be informed by the judicial officer.
  17. The respondent and all other participants are expected to cooperate during the hearing and be truthful in their testimony and responses to questions. A respondent may choose to refrain from providing testimony or answering questions; however, he/she may not then provide a statement on his/her own behalf.  Depending on all the information presented, a respondent who refuses to give testimony or answer questions may nonetheless be found responsible by the hearing officer or body.
  18. The conduct board/officers shall determine by a majority vote whether it is more likely than not (i.e., by a    preponderance of the evidence) that the respondent violated the standards of the University of Rochester         community.
  19. The findings and recommendations of any of the conduct board/officers will be forwarded to the judicial    officer. In the event the judicial officer does not accept the findings or recommendations of a conduct     board/officer, he or she may request further consultation and review by the conduct board/officer or may make a    different finding or recommendation if warranted by the evidence presented at the hearing. The judicial officer           will notify the respondent and the victim of the outcome, unless prohibited by law.
  20. The respondent and victim has a right to appeal a final decision in a nonacademic case to the appropriate dean/director and in an academic case to the provost.       
  21. The judicial officer has discretion to modify, expand, or clarify these standards and any other aspect of the    disciplinary process, depending on the circumstances.