How to prepare for the Conduct Hearing
This document is designed for students who are alleged to have violated the Code of Student Conduct or other related policies such as the Residence Life Agreement. Reviewing this document will assist students to prepare for an upcoming judicial hearing. If you have additional questions which are not answered in this document, contact your Administrative Hearing Officer.
As you prepare to attend the hearing, understand that you are presumed to be “not responsible” for the alleged violation(s) unless the facts of your case support a finding of responsibility. The determination of responsibility is made when the Administrative Hearing officer and/or Conduct Hearing Board conclude(s) that the standard of evidence of “more likely than not” has been reached. If you have received a Notice of Charge to schedule a judicial hearing, the facts documented in the incident report(s) – if proven to be true – could support a finding of responsibility for the alleged violation(s). It is therefore important that you carefully prepare for your hearing so that you can respond to the charges adequately.
Disclaimer: This document is not intended to be an exhaustive list of all possible hearing preparations, nor does it replace any information contained within the Code of Student Conduct.
- At this time, the instructions in this document apply principally to students whose charges do not involve a student complainant. In cases where student complainants are involved (such as in allegations of Relationship/Domestic Abuse, Sexual Misconduct or Violence), additional requirements and considerations may apply that are not listed here in full detail.
Please consider the following:
- Understand the Notice of Charge, noting the date, time, and place of your hearing to ensure your attendance.
- Your judicial hearing will more than likely be scheduled around your class schedule; however, if circumstances require your appointment to be rescheduled, you may contact the administrative hearing officer immediately to reschedule the appointment. This consideration will only be granted one time and for good cause.
- Come to your judicial hearing prepared to describe, as honestly and as clearly as possible, the details of your involvement in the incident for which you have been charged. If you wish to bring documentation and/or other relevant information to the case, this may be helpful (although it’s not required).
Below is a general framework of the hearing:
- The reports upon which the charges are based are located in your judicial file.
- You have the right to have an advisor accompany you to your hearing. If you plan to bring an advisor, you must notify the Administrative Hearing Officer(s) in writing at least twenty-four hours in advance of the hearing of your intent to have an advisor. Both the complainant and the accused student may have advisors present to support and assist them during the pre-hearing, hearing, and appeal stages of the conduct process.
- The student conduct coordinator may appoint each student an advisor who has been formally trained or the complainant and accused may select an advisor but must be a current member of the Brockport College community (faculty, staff or student).
- An advisor may not be a witness or someone who has a current formal role with either student or be an attorney. Either student is free to consult an attorney. Outside legal counsel may privately consult with and advise the student through the conduct process but may not examine witnesses or otherwise directly participate in any conduct procedures.
- An advisor may not direct questions to the conduct board or witnesses at the hearing, but may suggest questions in writing to the Board Chair and may consult with the student that he or she is assisting.
- The student conduct coordinator or Board Chair will not allow an advisor’s presence to inhibit the student conduct hearing
- You may invite one or more witnesses to attend your hearing if you believe their testimony will be important in determining the outcome of your case. Witnesses may attend your judicial hearing, but it is your responsibility to forward their names so they may be notified of the hearing. If your witnesses (es) are unable to attend your judicial hearing, you may bring written witness statements for submission at your hearing. Please ensure these statements include the witness’s contact information and specific information relative to the incident or situation. The Administrative Hearing Officer also reserves the right to call relevant College or community Officials as witnesses. In such cases, you will be notified of the invitation so that you may prepare questions for the witness in advance of the hearing.
- Your judicial record is confidential, and it is protected by the Family Educational Rights and Privacy Act (FERPA). Generally speaking, information contained in your judicial record will not be shared with any third party (including your parents) without your prior written consent. However, records may be shared with other College administrators who have a legitimate educational interest in the information these records contain. The College may also share information from your educational records in other circumstances permitted by FERPA. If you would like any information in your judicial record to be shared with any third party (including parents, advisors, attorneys, etc.), you will need to sign and submit a Release Form before we can share information with the specified party. The waiver may be submitted to email@example.com. It can also be faxed to our office at (585)-395-2732.
- If for any reason you believe the assigned Administrative Hearing Officer cannot be unbiased, you should submit a written statement to the Director of Residential Life/Learning Communities. This action must occur within 24 hours of receiving the Notice of Charge. If the Director of Residential Life/Learning Communities determines that the challenged individual has an actual bias, that individual will be removed from the case. Please note: prior judicial contact between a student and an Administrative Hearing Officer will not be considered acceptable grounds for bias absent any additional evidence of bias.
- It is very important that all information shared during your judicial hearing is true and correct. If you are found responsible for any alleged violations, your level of honesty will be considered (among other factors) when deciding upon appropriate educational sanctions. Furthermore, providing false information to College officials or during a Conduct Board Hearing proceeding is a policy violation and would subject you to further disciplinary action.
- A parent or guardian may not attend your judicial hearing unless he or she is a College community member (which is defined as a student, faculty or staff member of The College at Brockport) and is serving in the capacity of an advisor. While we encourage you to share information about your involvement with a parent/guardian if you deem it appropriate to do so, please remember our office cannot share information with them without a signed Release Form. One exception to this practice is that the college sends written notification to the parents or guardians of students who are under twenty-one years old when they have been found responsible for violating the Colleges Alcohol and Other Drug policy.