Catalog Version

Winter/Spring/Summer 2014-2015
Catalog update:
October 17, 2014

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Students are required to follow the Academic Handbook and Code of Student Responsibility

Advisors

It is a student’s right to bring one Advisor to a meeting related to an investigation, an Administrative Hearing, a University Board Hearing, or any other meeting included within the Student Conduct Process. This right applies to referred student(s), complaint(s) and witnesses. An Advisor must be a current member of the DePaul community (faculty, staff, or student). However, an Advisor cannot be a person who is involved in the same conduct matter being reviewed. All Advisors must be approved in advance of a scheduled meeting or hearing by the Moderator, Administrative Hearing Officer, or other University designee. Because an Advisor must be a current member of the DePaul community, students are prohibited from having an attorney or legal representative who is not a current member of the DePaul community be an Advisor during the Student Conduct Process. Students may choose to consult or retain independent legal counsel as a result of their participation in the Student Conduct Process, but such legal counsel may not attend any meetings or hearings related to the Student Conduct Process, and does not have a role in the Student Conduct Process.

The role of the Advisor is to act as a support person for the student by conferring quietly with the student. The Advisor is not to directly address the members of the University Board, an Administrative Hearing officer, or anyone else present at a meeting or hearing.

The Dean of Students retains a pool of faculty and staff that are trained to serve as Advisors for students and can be provided at the student's request. Furthermore, if a student selects an Advisor who is not part of this trained pool, the Dean of Students Office offers information and consultation on the role of the Advisor if needed and requested by the student or their Advisor.

For student conduct cases involving the Sexual & Relationship Violence Prevention and Response policy, please refer to the University Secretary’s website for details regarding Advisors in the conduct process

Hearings

There are two types of conduct hearings:

 

  1. Administrative Hearing: An Administrative Hearing is a hearing in which the hearing officer is a University designee, such as the Dean of Students or another Student Affairs professional. The procedures for an Administrative Hearing are set forth above in the "Administrative Hearing Process" section. There is no Moderator for an Administrative Hearing.
  2. University Board Hearing: A University Board Hearing is a hearing in which the hearing officers are selected from the University Board pool of members. The procedures for a University Board Hearing are set forth above in the "Conduct Hearing Process" section. The University Board Hearing process is managed by a Moderator.

The University will make the determination as to which type of hearing is appropriate in a particular situation.

University Boards

The members of the University Board pool are:

  1. At least six current students with at least sophomore status nominated by the Student Government Association.
  2. At least six faculty members nominated by the Faculty Council.
  3. At least six staff members nominated by the Staff Council.

Three members (one from each constituency) will comprise the panel for a University Board Hearing. This panel shall be chosen by the Moderator prior to the University Board Hearing. The Chairperson shall be decided upon at the time of the University Board Hearing.

Student Affairs is responsible for training the pool of University Board members.

Students should consult Residential Education for information about hearing boards in the Residential Education conduct process.

Jurisdiction

The University may exercise jurisdiction (i.e.—initiate this Student Conduct Process) for all offenses committed on campus. Additionally, the University may exercise jurisdiction for an offense committed off-campus (including on-line communities) when:

  1. The victim of such an offense is a member of the campus community (student, faculty, or staff ); or
  2. The offense occurred at a college-sponsored or sanctioned event; or
  3. The referred student used his or her status as a member of the University community to assist in the commission of the offense (for example, using a student ID card to pass a bad check); or
  4. The offense affects the University.

 

Moderators

All University Board Hearings will be assigned a Moderator. The Moderator may be the Dean of Students or another University designee (for example, other staff in the Dean of Students Office, or other Student Affairs professionals). The Moderator is responsible for managing the University Board Hearing process, including assisting with scheduling and selecting members from the University Board pool to participate in a hearing. The Moderator will be present at the University Board Hearing. The Moderator has no voting role in the outcome of any University Board Hearing, but all determinations by a University Board as to whether a violation has occurred or regarding sanctions must be reviewed with the Moderator.

There is no Moderator for an Administrative Hearing.

Witnesses

Students involved on either side of a conduct case, as complainants or referred students, may submit Witnesses for an Administrative Hearing or a University Board Hearing to support their statements. All Witnesses must be approved in advance by the University, and the University reserves the right to disallow any Witness. All Witnesses must generally be current members of the DePaul community (faculty, staff or students), except as otherwise approved by the University. Witness intended to present information that does not directly bear upon the circumstances of the case or duplicates all or part of testimony already presented may not be allowed. Appearance of Witnesses at the appropriate time, date and location of any hearing is the responsibility of the involved students. In some cases, the University will approve the use of written statements from Witnesses who are not available to appear at a hearing.

Witnesses will be presented one at a time. A Witness can only be present at a hearing during his/her own testimony.

The University recognizes it cannot compel any student to present him/herself as a Witness against his/her will. However, all students are encouraged to comply with the Student Conduct Process. Witnesses will be informed that giving false information may result in conduct action.