B. Hearing before a Student Conduct Board or Committee on Student Conduct
When the Referred Party contests the referral and/or is facing removal from residence, suspension or dismissal from the university, or at the discretion of the Student Conduct Administrator, a hearing will be scheduled. The Student Conduct Administrator may later serve as the Referring Party at a Student Conduct Hearing. Community Standards will make every effort to schedule hearings around students academic schedules only.
Hearings are conducted as follows:
I. Both the Referred Party and Referring Party:
a. Receive written notice of a hearing date, time and place at least 5 calendar days in advance;
b. Must represent themselves;
c. May have one advisor present. The advisor may not address the Student Conduct Body but may speak privately with the advisee during the proceedings;
d. Have the right to call witnesses who have direct knowledge of the incident;
e. Hear the description of incident and conduct charges (the Referred Party will then make a plea to
charges);
f. Have the opportunity to make an opening statement;
g. Have the opportunity to ask questions of each other and their witnesses;
h. May be questioned by the Student Conduct Body;
i. Have the opportunity to make a closing statement.
II. The Student Conduct System encourages student involvement in the conduct proceedings and relies on full and open discussion of cases with all parties concerned in order to render a fair judgment. The Student Conduct System is administrative in nature and, as such, is not considered a court of law where formal
rules of process, procedure or technical rules of evidence apply. (See the Universitys supplemental policy Double Jurisdiction: What does it mean and what are the implications? for further information:
http://www.albany.edu/studentconduct/double_jurisdiction.php.)
III. Referrals involving multiple students for the same incident will be resolved at one hearing.
IV. Hearings are regarded as confidential and closed to all but the principals of the case, their witnesses, their advisor and Community Standards. Student Conduct Body Members in-training may observe.
V. An official audio recording will be made of the proceedings. This recording is the property of the University and will not be duplicated or released. Participants are prohibited from making their own recording during the hearing (including but not limited to audio, photographic and/or written recording). The Referred Party
and Referring Party may submit a written request to Community Standards for permission to listen to the official audio recording in a supervised location on campus. An official written transcript can be provided by the University at the requesting partys expense.
VI. Evidence to be presented by the complainant(s) and respondent(s) during any hearing on the charges must be submitted to Community Standards at least two (2) business days in advance of the scheduled hearing. This evidence will be shared with the opposing party. The Student Conduct Body may exclude
evidence that has not been shared or adjourn the hearing to afford all parties the opportunity to review evidence to be presented during the hearing. Community Standards or the Student Conduct Body will make the final decision related to the admissibility of all evidence.
VII. It shall be the responsibility of the Student Conduct Body to determine the relevancy of testimony and written evidence.
VIII. Should the Referred Party or Referring Party fail to appear for a scheduled hearing, a finding will be made based upon the information available and sanction(s) imposed, if appropriate.
