Or. Admin. Code § 574-032-0100

Current through Register Vol. 63, No. 11, November 1, 2024

Section 574-032-0100 - Hearing with the Hearing Sub-Committee

The Hearing Sub-Committee will be convened when requested by the Office of Student Conduct or the Charged Student. The Dean of Students, Student Conduct Coordinator or designee will present information pertinent to the case, which may include past conduct history of the Charged Student that is relevant to the case. The Dean of Students, Student Conduct Coordinator or designee, when appropriate, may present Witnesses for both the Charged Student and the Complainant, as requested by the Hearing Sub-Committee.

(1) For all hearings with the Hearing Sub-Committee, the Charged Student has the following rights:

(a) Five Working Days' notice prior to the hearing, unless the Student waives this right in writing;

(b) To have knowledge of the charges and of Witnesses;

(c) To have an Advisor attend the hearing with the Charged Student. The Advisor cannot speak for or represent the Charged Student. Failure of the Advisor to comply with this stipulation will result in the removal of the Advisor from the proceeding by the Hearing Sub-Committee chairperson. The hearing will not be postponed due to the inability of the Advisor to attend;

(d) To challenge the statements of the Complainant(s) or Victim(s) and Witnesses;

(e) To have advance notification of the hearing process and procedures through the mail or in a meeting with the Dean of Students, Student Conduct Coordinator or designee. This meeting with the Dean of Students, Student Conduct Coordinator or designee is to be scheduled prior to the hearing. It is the Student's responsibility to schedule this meeting;

(f) To not appear for a hearing, and not have that absence used against oneself;

(g) To remain silent during a hearing, and not have that silence used against oneself;

(h) To be notified in writing of the outcome of the hearing within five Working Days; and

(i) To appeal to a University official.

(2) The Charged Student may present information and challenge the statements of Complainants, Witnesses, and statements read during the hearing.

(3) The members of the Hearing Sub-Committee may question the Charged Student, Witnesses, and Complainants to determine facts relevant to the case. The Hearing Sub-Committee, during deliberations, will resolve all issues of fact based on the evidence presented at the hearing. Based upon these findings the Hearing Sub-Committee renders a decision concerning whether to uphold or drop each separate allegation. While the Hearing Sub-Committee resolves the allegations only the Hearing Sub-Committee members are present.

(4) The findings will be announced to the Charged Student following deliberations and, at that time, the Dean of Students, Student Conduct Coordinator or designee will present information concerning the Charged Student's academic record and any previous judicial record. The Charged Student may also present information relevant to previous academic and Student Conduct history, as well as circumstances which may have a bearing on possible sanctions.

(5) For the determination of sanctions, only the Hearing Sub-Committee members are present. Following that determination, the Chair of the Committee will announce, with the Charged Student present, the sanctions the Hearing Sub-Committee assigned.

(6) The Office of Student Conduct will confirm in writing to the Charged Student the results of the hearing within five Working Days.

Or. Admin. Code § 574-032-0100

WOSC 3-1982, f. & ef. 10-20-82; WOSC 3-1989, f. 9-5-89, cert. ef. 9-17-89; WOSC 4-1993, f. & cert. ef. 10-21-93; WOSC 2-1996, f. & cert. ef. 11-12-96; Renumbered from 574-030-0056; WOU 3-2001, f. 8-28-01, cert. ef. 8-31-01; WOU 2-2003, f. & cert. ef. 8-1-03; WOU 2-2005, f. & cert. ef. 8-4-05; WOU 2-2012, f. & cert. ef. 7-31-12

Stat. Auth.: ORS 351.070 & 351.072

Stats. Implemented: ORS 351.070 & 351.072