Office of Student Conduct 2016 Online Hearing Officer Training

Learning Outcomes• Define the Student Conduct Office• Understand the Code of Student Conduct• Discuss and Describe the Student Conduct Process• Describe Hearing Officer responsibilities and

procedures• Discuss how to make a decision regarding a hearing• Describe how to properly draft sanction and decision

letters

About the Office• Location: Ronan 280 • Phone Number: 989.774.1345• Close partner with CMU Care Team• The Office of Student Conduct upholds the Code of

Student Rights, Responsibilities, and Disciplinary Procedures (the Code). Our office is committed to ensuring students due process through a fair and just educational experience. We are advocates for students, faculty/staff and the community. Our goal is to help students make informed decisions so they may grow both personally and academically.

Who is involved in the Conduct Process?

• Conduct Proceedings Officers– Tom Idema, Joe Finney, Shaun Holtgreive, Jarrod Becht,

Jennifer Chesney, Bridgette Wynn, Al Zainea (Global Campus) (Get Updated Names from Tom)

• Hearing Officers• Appeals Board

– Academic Senate Chair (or designee), AVP Student Affairs (or designee), SGA President (or designee),

• Vice President of Enrollment and Student Services– Steven Johnson-only in cases of suspension or dismissal

Report Received (Reslife, Police,

Public)

Suspected Violation

Initial Meeting CPO

Student Denies Violation

Hearing Decision Issued

Student Accepts Case Closed

Student has PROCESS grievance

Appeals Board Decision

Accepts Case Closed

Appeal to ESS (Suspension)

Final Decision

Student Admits Violation

Sanction Issued Case Closed

No Violation—Case Closed

The Conduct Process

How are Hearings conducted?• Hearing Forum (Officer vs. Panel)– CPO Decides• Except in cases of suspension, student has 2 days to

choose– Usually Hearing Officer for most cases

• Scheduled by Tricia Case, Sr. Administrative Asst.• Proceed with the hearing even if student is a no-show

Hearing Process-Preliminary Preparations

• Read the Advocate report – can be found on the calendar section in Advocate– Read everything (i.e. incident description, notes,

documents)– Students may schedule a time to review the case file

• Review the alleged charges in “The Code”• Consider questions that you might want answered

during the Hearing• Call OSC if you have any hearing procedural questions

Hearing Process-Day of the Hearing

• Arrive 15 minutes early• Make sure you have documents you need (i.e.

incident report, police reports, and notes)• Make sure student panel members are

prepared

Hearing Process-Hearing the Case• All Hearings are audio recorded by the university only• Follow the script/outline provided by OSC (example in

hearing officer manual)(Should appear on screen during online)

• How to handle difficult/inappropriate questions and breaks

• Ask all questions regardless if a student is answering or not

• Ask all procedural questions before the hearing ends if possible

Witnesses

• Both university and students are allowed to call witnesses

• Both are allowed to cross-examine the witness• Questions must be related to what was

observed during the incident or policy related questions

Attorneys/Parents• Anyone, including an attorney or a parent, may sit in as

the advisor for the student. • They are not allowed to speak during the hearing as

they are only there to advise the student.• Attorneys may advise the respondent not to answer

any questions. If this happens, ask all your questions and let the student reply with their answer, even if they reply “no comment” every time.

• General Counsel is available as a resource if needed during a hearing.

Asking Good Questions in Hearing• Open-ended Questions vs. Close-ended

Questions– Carefully phrase your questions as open-ended

(who, what, how) rather than closed-ended (did you, were you). Avoid questions where the answer is yes or no.

– Example: • What were your feelings when you were punching the

fire door?• Were you upset when you punched the fire door?

Asking Good Questions, Continued• The Power of Silence– It’s natural for people to think about a response before

answering a question.– Allow ample time for a student to answer the question.

• Reminders– Carefully listen to everything that is said.– Watch for non-verbal behaviors (shifting, no eye contact).– Clarify any conflicting information before you deliberate,

make sure you are clear and don’t leave questions on the table.

Time to Deliberate• Student & CPO must leave the room• Make sure all questions are answered before

anyone leaves the room• Hearing Checklist

• You must justify your decision(s)

Common Sanctions

• Reprimand: Indicates that a student’s behavior is in violation of stated university policies.

• Fines: Commonly issued for violations of the alcohol policy and controlled substance policy.

• Disciplinary Probation: Indicates a strong warning issued in response to more serious or frequent violations of University policies. Probation is issued for a defined period of time.

Sanctions, Continued• Educational sanctions: Under The Influence (alcohol

education program) & Marijuana 101. Students typically have two weeks to complete the assigned course. Off-campus alcohol assessment programs are available for students involved in multiple alcohol violations (cost is paid for by the student).

• Suspension: Separation of the student from the university for a specified period of time. Length of suspension can vary depending on the seriousness of the violation.

• Dismissal: Permanent separation of the student from the university.

Typical Sanctions forCommon Violations

Violation 1st Violation 2nd Offense 3rd Offense

3.2.12 Drugs

$325 Fine, Disc. Prob Marijuana 101

Suspension N/A or suspension if not already done.

3.2.13 Alcohol

$215 Fine, Under The Influence (alcohol education)

$300 Fine, Disc. Prob, Alcohol Referral

Suspension

3.2.18 Computer Abuse

$150 Fine $300 Fine, DP till graduation

Case-by-case

Registered Student Organizations• The Code applies to RSOs the same as it would

an individual student.• The president of the RSO represents the

organization at all conduct meetings.• They are allowed an advisor to be present during

meetings.

On-Campus vs. Off-Campus Incidents• Most of our incidents happen on campus• Alcohol/drug related violations• What happens if a student is issued an MIP off-

campus?

Making the Decision: Tips

• Use Word to create decision and sanction before entering into Advocate• Ask for Joe or Tom to review before forwarding to the system• Create a decision template, in Word, for “common” hearings• We are not a court, not bound by conventional evidentiary rules, or do we

have to comply with standard jurisprudence practices; but…

– Egregious– Blatant disregard– Conduct detrimental to the University and the educational

process

Making the Decision: TemplateJarrod Becht was present for and an active participant in a University hearing that took place on April 17, 2016. Mr. Becht also met with Joe Finney on March 11, 2016 to discuss the incident. I am finding Mr. Becht in violation of Section 3.2.13 Alcohol Policy of the Code of Student Rights, Responsibilities, and Disciplinary Procedures. The University must present sufficient evidence to substantiate a violation on the basis of a preponderance of the evidence. Based on the information contained in the residence life report, Mr. Becht’s recollection of the incident during the hearing, and the fact that he admitted to the violation during the meeting with Mr. Finney, enough evidence exists to confirm a violation occurred.

• Caution: watch names and dates• Caution: present vs. not present• Caution: admitted to the violation

Making the Decision: References

• Code of Student Conduct Procedures– CentralLink keyword: Code– Utilize attached document– Paper copy available in office

• Residence Life Policy– CentralLink keyword: Res Life (click on Policies from options on right)

Making the Decision: Starts During Hearing

• Has a violation occurred?• What is the appropriate sanction?• Notes and/or reviewing audio • Asking clarifying questions based on evidence presented

– Reflecting and mirroring• Review of documents and/or Advocate information, and ask

question of Univeristy and respondent– Reports (i.e., Residence Life, police)– CPO or RHD meeting notes

Making the Decision: Preponderance of the Evidence

• Requirement that more than 50% of the evidence points to ____• What is contained in documents and stated during hearing that

argues for or against a – Violation– Sanction

• Point-by-point and spell it out in decision– Almost a checklist based on the Code’s and Residence Life Policy’s

wording

Making the Decision: Checklist

• Code-Section 3.2.13 (Violation of Alcohol Policy)– Student shall not possess, consume…alcoholic beverages…– Violation of the Residence Life Alcohol…is a violation of this section

• No alcohol is allowed in any room at any time unless at least one resident of that room is 21 or older• Anyone under 21 present in a room where an alcohol

infraction has occurred will be considered in violation of the alcohol policy

Making the Decision: Sanctioning• Justification• Consistency• Discussion of possible sanctions• Discussion of possible alternative sanctions

Making the Decision:Consistency in Violation and Sanction

• What has been done in the past with similar incidents• A hearing is an educational conversation

– Asking respondent for input about a possible sanction– Asking the University for input about a possible sanction

• Document and provide rationale if going against the norm– Bench legislation

Online Case Studies• Read the cases• What violations are present? What portions of

the code were violated?• Choose answers that best support your

findings and beliefs• We will provide an in depth response at the

end of the case study exercises

Video

• Please watch the video of a hearing to gain a better understanding of your role as a hearing officer.(Mock Hearing Video inserted)

Quiz

• Everyone must take quiz and receive a 80% or higher to pass Hearing Officer Training

• Please press submit on each question. Once you move past a question you cannot go back. You have 40 minutes to complete the ten question quiz

If you have any questions, please email the student conduct office. Please remember to fill out the survey sent to your email so we can offer even better training in the future!