Board Hearings

Student Conduct Board Hearings

Student Conduct Board Hearings shall be conducted according to the following guidelines:

1. Formal rules of process, procedure, and/or technical rules of evidence, such as are applied in criminal or civil court, are not used in Student Conduct Board hearings.

2. Student Conduct Board Hearings shall be conducted in private. The Accused Student, Student Organization, Complainant, and their Personal Advisors, if any, shall be allowed to attend the entire portion of the Student Conduct Board Hearing (excluding deliberations). Admission of any other person to the Student Conduct Board Hearing shall be at the discretion of the Student Conduct Administrator.

3. The Accused Student, Student Organization, the Complainant, and all university witnesses will be contacted with their Student Conduct Board Hearing date, time, and location via their official Temple University e-mail address if the individual is a member of the University Community. 

4. The Accused Student, Student Organization, and the Complainant may challenge the selection of the Chairperson for good cause. The name of the Chairperson will be included in their Student Conduct Board Hearing notification and the challenge must be received at least 72 hours prior to the Student Conduct Board Hearing date.  The Student Conduct Administrator will accept or reject the challenge as they deem appropriate. 

5. At the commencement of the hearing, the Accused Student, Student Organization, and the Complainant may challenge, for good cause, the membership of any student, faculty member, staff member, or third-party neutral on the Student Conduct Board, if any. The Chairperson will accept or reject the challenges as they deem appropriate.

6. In Student Conduct Board Hearings involving more than one Accused Student, Complainant, or Student Organization, the Student Conduct Administrator, in their discretion, may permit the Student Conduct Board hearing to be conducted either separately or jointly.

7. The Accused Student, Student Organization, and the Complainant have the right to be assisted by any Personal Advisor they choose, at their own expense.  The Accused Student, Student Organization, and the Complainant also may have a parent or spouse present at all hearings.  The Accused Student, Student Organization, and the Complainant are responsible for presenting their own information in any Student Conduct Board hearings.  A Student should select as a Personal Advisor a person whose schedule allows attendance at the scheduled date and time for the Student Conduct Board Hearing.  Delays will not normally be allowed due to the scheduling conflicts of a Personal Advisor.  The Accused Student, Student Organization, and the Complainant must notify the Student Conduct Administrator of the name of any parent, spouse or Personal Advisor at least two business days prior to the hearing.  If a student fails to notify the Student Conduct Administrator of the name of any parent, spouse, or Personal Advisor within the parameters outlined above, the individual’s participation will be at the discretion of the Student Conduct Administrator. 

8. The Accused Student, Student Organization, the Complainant, and the Student Conduct Administrator may present evidence, including arranging for witnesses to present pertinent information, to the Student Conduct Board. The Student Conduct Administrator will try to arrange the attendance of possible witnesses who are members of the university community, if reasonably possible, and who are identified by the Accused Student, Student Organization, and/or Complainant at least two business days prior to the Student Conduct Board Hearing.  All witness notifications will be sent to members of the university community via their official Temple University e-mail address.  Witnesses will provide information to and answer questions from the Student Conduct Board. Questions may be suggested by the Accused Student, Student Organization, and/or Complainant to be answered by each other or by other witnesses. This will be conducted by the Student Conduct Board with such questions directed to the Chairperson, rather than to the witness directly. This method is used to preserve the educational character of the hearing and to avoid creation of an adversarial environment. Questions of whether potential information will be received shall be resolved at the discretion of the Chairperson of the Student Conduct Board.  Ultimately, it is the responsibility of the Accused Student to ensure that witnesses they would like to appear on their behalf, are aware of the date, time, and location of the scheduled hearing.  The SCCS will make reasonable accommodations for the appearance of any witnesses at a scheduled hearing, including but not limited to, phone, and video conferencing. 

9. The Accused Student or Student Organization will not be compelled to testify, and no inference may be drawn from the Accused Student’s or Student Organization’s failure to testify.  No person will be compelled to give testimony that could incriminate themselves.

10. Pertinent records, exhibits, and written statements (including impact statements during the sanctioning phase of the hearing, if any) may be accepted as information for consideration by a Student Conduct Board at the discretion of the Chairperson.  Evidence of the Accused Student’s or Student Organization’s good character will generally only be accepted during any sanctioning phase of the hearing.

11. All procedural questions will be resolved by the Chairperson of the Student Conduct Board, in consultation with appropriate individuals, including the Student Conduct Administrator.

12. At the commencement of all hearings, the Student Conduct Administrator will remind all hearing participants that they are obligated to provide accurate and truthful information to the Student Conduct Board.  The Student Conduct Board will conduct the questioning and evaluate the testimony and any other evidence. The Student Conduct Board will determine whether an Accused Student or Student Organization has violated the Student Code. If the Student Conduct Board determines that a student has violated the Student Code, the Student Conduct Board will recommend a sanction to the University Code Administrator. The Student Conduct Board, if comprised of more than one person, will reach its decision by a simple majority vote. In the event of a tie vote among members of the Student Conduct Board, a finding of no violation shall be made.

13.  The Student Conduct Board’s determination shall be made on the basis of whether it is more likely than not that the Accused Student or Student Organization violated the Student Code.

14. There shall be a single record, which may include an audio recording, of all Student Conduct Board hearings before a Student Conduct Board.  Deliberations shall not be recorded. The record shall be the property of the university.

15.   The Accused Student’s or Student Organization’s appearance at all stages of the student conduct process is mandatory.  The Accused Student, Student Organization, the Complainant, and the University will be expected to have all witnesses and evidence present at the scheduled time of the hearing.  Failure of the Accused Student, Student Organization, Complainant, or of university personnel to appear may result in the hearing being held in their absence and a decision being reached on the charges.  When the Student Conduct Administrator provides evidence that they have sent the Student Conduct Board Hearing notification through official Temple University e-mail addresses as shown in University records, failure to appear for a meeting or hearing cannot be justified by a claim of non-receipt of notice.  It is the responsibility of Students to notify the University immediately of any change of address or make the appropriate change through TUPortal.

16. As determined in the sole judgment of the Student Conduct Administrator, the Student Conduct Board may accommodate concerns for the personal safety, well-being, and/or fears of confrontation of the Accused Student, Student Organization, Complainant, and/or other witnesses during the hearing by: providing separate facilities, using a visual screen, and/or permitting participation by telephone, videophone, video conferencing, video recording, or other means.

17. Faculty or administration may make recommendations to the Student Conduct Board concerning sanctions if an Accused Student or Student Organization is found in violation of the Student Code.

18. The Student Conduct Board will make its findings and recommendations upon the conclusion of its deliberations.

19. The hearing is then concluded.

20.  In each case in which a Student Conduct Board determines that an Accused Student and/or student organization have violated the Student Code, the Student Conduct Board shall recommend sanctions to the University Code Administrator. The recommendation of the Student Conduct Board shall be considered by the University Code Administrator in determining and imposing sanctions; however, the sanctions shall be determined and imposed by the University Code Administrator and the University Code Administrator is not limited to sanctions recommended by members of the Student Conduct Board.

21.  Following the Student Conduct Board hearing, the Student Conduct Administrator shall advise the Accused Student, group and/or organization in writing of the determination and of the sanction(s) imposed, if any, along with instructions regarding appeals (Article IV, E). 

22.  Where the conduct matter involved a charge of a violent crime, as defined by the Family Educational Rights and Privacy Act (“FERPA”), the University Code Administrator will also advise the accuser of the final outcome.

23.  Where the conduct matter involved a charge of sexual assault, domestic violence, dating violence, or stalking, as defined under Article III (C) 5 of the code, the victim will be notified in writing, at the same time as the Accused Student, of:

  1. The outcome of any disciplinary proceeding arising from the accusation(s) and the rationale for the decision;
  2. The procedures to appeal the outcome, if so desired;
  3. Any changes to the outcome prior to the outcome becoming final; and
  4. The final determination and sanction, if any, following any appeal or when the appeal period elapses.

 

24. Where the conduct matter involves a Student Organization, notification of the hearing outcome will be provided to the appropriate University official advising the student group as well as the national headquarters for the organization if one exists.