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Hearing Format
1. The Hearing is closed.
Only the person(s) directly involved in the incident in question are
permitted to attend the entire hearing; there will be no observers. The chair
may allow other individuals who have relevant information to appear at a
portion of the hearing in order to respond to specific questions from the Board
or the persons involved. The Board does not hear character witnesses but will accept
up to two letters supporting the character of the accused student. 2. Formal rules of process, procedure, and/or technical rules of
evidence, such as are applied in criminal or civil court, are not used in the
Student Conduct Board hearings. 3. Only information pertinent to the possible violation will be
considered by the Board. However, information about other student disciplinary
actions or civil or criminal convictions may be introduced at these hearings
if, in the discretion of the chair, this information bears directly on the
possible violation. The chair shall have discretionary authority to determine
whether the Board will receive and consider particular information, and to
resolve any procedural questions or disputes arising in the course of a
hearing. 4. Participation in a hearing by telephone, closed circuit
television, video conferencing, video or audio recording, written statement or
other means may be permitted by the chair to the extent deemed appropriate in
his/her sole discretion. 5. Proceedings are strictly confidential. All persons present at any
time during the hearing are expected to maintain confidentiality. 6. Hearings are recorded. Board members, the accused student, the
persons, if any, who initiated the action, and appropriate administrative
officers of the College shall be allowed to listen to the recording in a
location determined by the Conduct Officer. No person will be given or be
allowed to make a copy of the recording, which remains the property of Colby
College. Persons given access to the recording will be required to sign an
agreement confirming that they will protect the confidentiality of the hearing. Decisions
The Board shall deliberate in
private session to determine whether a student is responsible or not
responsible for the violation(s) in question. The Board shall base its determination
on whether it is more likely than not that the accused student committed each
alleged violation. If a student is found responsible by a majority of the
Board, the Board will assess appropriate sanctions. The Conduct Officer shall
not vote to determine responsibility for a charge, but shall vote in the
sanctioning phase of the hearing should the members of the Board be deadlocked in
their decision. The deliberations of the Board shall be kept in strict
confidence. The
chair shall forward a written decision to the accused student as soon as
reasonably possible including, if applicable, sanctions. The chair may provide a copy
of the written decision to the initiating student, if any, if the alleged
violations include acts of violence. |
Student Disciplinary Procedures |