JWU North Miami : Hearings

Hearings

There are two types of student conduct hearings: administrative and panel.

Administrative Hearings are held before a single hearing officer, who is usually a staff member from Residential Life or another senior administrator. Less serious violations are generally referred for an administrative hearing.

Panel Hearings are conducted in front of a panel made up of faculty, staff and/or students. More serious violations or violations that may result in a sanction of dismissal or suspension are generally referred to a panel hearing.

In both cases, the hearing officer or panel considers information provided from you, the investigation and, to the extent necessary, from any victims or witnesses, in order to make a finding of “responsible” or “not responsible.”

Attendance
When an incident report is referred for a hearing, you will receive a notification describing the alleged violation and indicating the time and place for the hearing or a pre-hearing conference.

Any unexcused failure to attend a hearing or conference will result in the hearing being held in your absence at which the hearing officer or panel will not have heard your side of the story. If you have a legitimate need to reschedule a hearing or conference, you must contact Student Conduct as early as possible before the scheduled date to request rescheduling.

Witnesses and Materials
You may bring any relevant materials and witnesses with personal knowledge of the incident to the hearing. Except for witnesses and your assigned student or staff advisor, other people may not attend the hearing with you.

Advisors
If your hearing is scheduled before a hearing panel, you may request a student or staff advisor to help you through the process and accompany you to your hearing. If you request an advisor, one will be assigned to you from a group of trained volunteers.

Waivers
At a pre-hearing conference (for panel hearings) or before the hearing gets underway (for administrative hearings), you may be asked whether you wish to waive the hearing by acknowledging your responsibility in the incident and signing a waiver that will set forth the sanctions, if any, imposed.

Procedures
If the conduct review hearing is not waived in this manner, the hearing will proceed and the hearing officer or hearing panel will

  • Outline the process for you
  • Review the incident report and/or allegations
  • Hear any statements you wish to make relating to the incident
  • Hear or review the statements of witnesses you may have brought who have relevant and personal knowledge of the incident (other witnesses, such as character witnesses, will not be allowed to attend or be heard)
  • Hear or review the statements of other relevant witnesses (and where confidentiality is a consideration, the identity of such witnesses will not be disclosed to you)

The hearing officer or panel will either defer the decision, or render a decision that you are or are not responsible. If you are found responsible, the hearing officer or panel will recommend one or more sanctions to Student Conduct. Student Conduct will review the recommendation and make a final determination of appropriate sanction(s), taking into consideration your prior disciplinary record.

You will receive a final written decision from Student Conduct which will set forth the final result and the sanction(s) imposed. The written decision will also describe the appeal process and let you know the identity of your appeal officer and the deadline for filing an appeal.

Appeals
The decision of a student conduct review hearing is final unless you can demonstrate one of the following:

  • Relevant, new information has come to light since the decision was made, or
  • Your basic rights as a student were denied or the hearing was unjust.

If you feel that one of the above applies to you, then you may submit an appeal for further review of the decision.

You must submit an appeal request in writing, by hand delivery or certified mail, to the appeal officer designated in the Conduct Review Notification and Record. The request must be submitted within three days after the date of the decision and must state clearly the basis for your appeal.

Your appeal will be reviewed upon receipt, and a decision concerning your appeal will be available within a reasonable time. The decision of the appeal officer will be final.