06.05.04.03.02
Hearing Procedures
06.05.04.03.02
Hearing Procedures
1. Preparation: Prior to the hearing, panel
members will receive and review a copy of the
notification of charges and documentary
evidence provided by the Faculty member,
university official, and the student.
2. Introductory comments: At the beginning of the hearing, the chair will ask any panel members to disqualify themselves from participation if they believe that they cannot render a just and fair decision, and will permit the student to request that a member be disqualified if the student believes for an appropriate reason that a panel member cannot render a just and fair decision. If a student or Faculty member of the hearing panel is disqualified, another member will be appointed to fill the same role, if needed for a quorum. The chair will read aloud the charges of academic misconduct, and the student will be asked to respond to the charges by (a) accepting responsibility, (b) accepting responsibility and noting that there are mitigating circumstances, or (c) denying responsibility for the alleged violation of the University of California Policy on Student Conduct and Discipline.
3. Presentation of accounts: The Faculty member and the student will be given the opportunity to present their accounts of the incident and to present any witnesses or other individuals who may have relevant information about the alleged academic misconduct. Hearing panel members will be given an opportunity to ask questions of the Faculty member, the student, and witnesses. Each party will then be asked if there is additional information needed, or if any discrepancies or questions need to be presented or addressed.
4. Deliberation: The hearing panel will
deliberate in private to decide, by a majority
vote, if a preponderance of the evidence
indicates that the student is responsible or not
responsible for the alleged violation.
5. Determination of sanctions: If the student is
found to be responsible for violations of policies,
the hearing panel shall be informed of the
student’s prior record of academic misconduct.
Based on this information the committee will
determine the educational/disciplinary sanctions
to be assigned, and the conditions that must be
met for the sanctions to be lifted, if any.
6. Notification of decision: Once the hearing
panel has reached a decision, the outcome will be
distributed in writing within 7 calendar days. The
Associate Dean for Graduate Academic Affairs
will send written notification to the student, the
Faculty member, Graduate Advisor, and
Chairperson of the student‘s program detailing
the decision and the educational/disciplinary
sanctions imposed by the hearing panel. The
notification will also outline the appeal process.
7. Records: An audio recording of the hearing,
but not the deliberations of the hearing panel,
shall be made and retained by the Graduate
Division as part of the record for as long as the disciplinary record is retained, or for seven years
from the date of decision, whichever is shorter
(see Section 06.05.06 below). The student may
obtain a copy of the recording. Other than for the
purpose of the official record as provided above,
mechanical or electronic devices for recording or
broadcasting shall be excluded from the hearing
(Am Dec 6 22)