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OFFICE OF STUDENT CONDUCT AND COMMUNITY STANDARDS THE HEARING FORMAT

Office of Student Conduct and Community Standards Creese Student Center Suite 215 (215) 895-6074 SCCS@drexel.edu Student Conduct Process Flow Chart Jurisdiction University Policies/ Code of Conduct How to File a Formal Complaint Responding to a Charge Letter The Hearing Format Hearing Tips for the Accused Hearing Tips for the Accuser Hearing Tips for the Advisor of the Accused Penalties/Sanctions Filing an Appeal Academic Honesty Policy Student Handbook

TIPS FOR THE ADVISOR OF THE ACCUSED IN A CONDUCT BOARD HEARING This information was developed to help you prepare to serve in your role as ADVISOR for the accused in a University Conduct Board Hearing. It is meant to supplement the Student Handbook, Chapter 8, Student Conduct Policy which details the conduct process. You should read the section thoroughly as well as follow these tips when preparing for the case. The accused has been furnished with a similar document entitled “Tips for the Accused in a Conduct Board Hearing.” This document may assist the accused in preparing for her/his case. You should discuss these documents with the accused. Questions about the process should be referred to the Office of Student Conduct and Community Standards at (215) 895-6074. The advisor in a University Conduct Hearing must be someone internal to Drexel University (i.e., professor, staff member, friend that is an active Drexel student). The advisor is not permitted to speak during the hearing. The advisor may confer and speak privately to the accused. The advisor may not be included in the list of witnesses. He/She may only function in the capability of an advisor. The advisor should assist the accused with the following: Review and understand the charge(s) and the conduct process Prepare an opening and closing statement Think of questions to ask of the witness(es) called to share information against the accuser Help think of questions to ask witness(es) called to share information for the accused Take notes during the hearing Suggest additional questions to ask the witness(es) based on their testimony Help keep the accused calm and in control Provide moral support to the accused during the hearing The advisor’s assistance may also be needed in preparing a letter of appeal, should the accused choose to appeal the decision of the board. Guidelines for Advisors The primary role of the Advisor is to assist the student in the preparation of their presentation of the case. In doing so, the Advisor should utilize the following information in carrying out their responsibilities. The Advisor should begin by explaining that their role is to review the hearing process with them, assist in the preparation of the case, and to act as a resource in an effort to answer procedural or policy-related questions. It is not the sole responsibility of the Advisor to prepare the student's case for them (this should be a collaborative effort), or to represent the student at the hearing. The Advisor is prohibited from speaking during the hearing (including speaking to witnesses). The Advisor may only speak to and through the accused. The Advisor should also explain to the student that their discussions are of a confidential nature. The University Conduct Board Hearing is also confidential. The Advisor should review the student's due process rights as they are outlined in the Student Handbook. Emphasize that the hearing is not a legal proceeding, but rather an educational process designed to educate all parties involved. The Advisor should review the format of the hearing to the student. Inform the student that the hearing will be audio-taped in case an appeal is necessary. Explain to the student that the hearing will begin with introductions of everyone in the room. Please refer to the document entitled “Conduct Board Hearing Format” provided to the accused. Also indicate to the student that she/he is responsible for bringing any witnesses to the hearing on her/his own behalf. In all cases, let the student know that the University's expectation is that all parties will tell the truth about what occurred and that there are judicial consequences for doing otherwise. The Advisor should explain to the student that the burden of proof rests on the person(s) bringing forth the complaint (accuser) to establish that a violation occurred. Indicate that the standard of proof in the University’s Conduct proceedings is defined as a preponderance of the evidence, or demonstrating that it is more likely than not that the violation took place. Another way to explain this burden is that 51% proof must be provided to the board. The advisor should guide the student in making an appointment 1-2 days prior to the hearing with Victoria Seidner/ (215-895-6074) to review the file. The accused has the right to review the written statements and incident reports which will be used by the complainant to prepare the case. These materials may not be duplicated by photocopy or writing. Read the materials carefully and think of questions to ask the witness(es) at the hearing. Write the questions down in advance of the hearing. When reviewing these documents, look for missing information, gaps in time that are not explained well or fully, and misinformation or inconsistencies among various statements. This approach will probably be used by the accuser as well. The Advisor should explain to the student that it is appropriate to provide any information to the committee that the student feels is relevant. Indicate that the committee will want to understand the conditions surrounding the incident, as well as the student's intent. While a properly attentive board will seek out such information, it is to the student's benefit to offer this information during the hearing. While such circumstances may or may not impact the board's finding, an understanding of them is often critical in recommending appropriate and effective sanctions. The Advisor should explain to the student that the board will meet in private following the hearing to determine responsibility and recommend any appropriate sanctions. Do not attempt to guess the outcome of the hearing or the sanctions which might be imposed. Doing so will often be perceived as a guarantee of a particular outcome. Instead, you should indicate to the student that any sanction will generally rely on the following factors: a) the nature / seriousness of the offense b) the general University precedent for such offenses c) the previous disciplinary history of the student, as well as the attitude of the student and the board's impression as to whether or not the student seems to have been educated bythis experience. Although these are the primary factors that impact sanctioning, other issues may arise that will impact a decision made by the board. The Advisor should review the appeals process should the student feel that an incorrect decision is reached. Explain the appeals process as outlined in the Student Handbook and pay particular attention to the legitimate grounds for appeal. Under no circumstances should you in your role as the Advisor: 1. Speak with parties other than the accused student. Your role is to guide and advise the student on the process. The student should then be able to answer queries from other parties. Parents, attorneys, and witnesses may all wish to ask you questions about the case or about Conduct procedures. In these instances, refer inquiries to the accused student, the Student Handbook, or to the University Conduct Officer. 2. Attempt to predict the outcome of a hearing, whether it is the finding of responsibility or the sanction. A student may tell you that she/he has no disciplinary history when they are actually on Disciplinary Probation. If you are unfamiliar with the case, the student may minimize it when in actuality it is a very serious violation. Instead, emphasize to the student that the board's finding will reflect their belief about what occurred based on the information provided by all parties at the hearing. In order to better prepare for the hearing, it is highly recommended that the advisor and the accused meet with the University Conduct Officer or the Assistant University Conduct Officer several days prior to the hearing to clarify the conduct process and to answer any questions that you might have. Additional information regarding the Student Conduct Process may be found on-line at www.drexel.edu/studentlife/studenthandbook Adapted from: Rick Olshak, Campus Judicial Consulting, 1996

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