St. Cloud State University

Pre-hearing Procedures

1. Judicial panel members will be assigned to a case by the Associate Vice President for Student Life and Development based on their availability.
2. Every attempt will be made to convene the panel no later than ten (10) days following receipt of the request for a hearing by the Associate Vice President for Student Life and Development.
3. The Associate Vice President for Student Life and Development will prepare and send a written notice to the accused no less than five (5) days prior to the date set for the hearing. The notice to appear will be hand-delivered directly to the accused or be sent by certified mail to the last known address listed with the Records and Registration Office, and will include:
   1. a statement of the date, time, location and nature of the hearing;
   2. a written statement of the charges specifying the allegations of misconduct in sufficient detail to enable the accused to prepare a response;
   3. notice of student's right to an adviser and/or attorney if criminal or civil charges are pending;
   4. a list of the names of the judicial panel members selected to hear the case;
4. At least three (3) days prior to the hearing, the accused will receive:
   1. a list of the names of the material witnesses who may be called to speak at the hearing on behalf of the university;
   2. copies of all documents or written statement to be presented at the hearing; and
   3. the name and title of the person who will present the evidence on behalf of the university (if applicable).
5. Accused students will be afforded an opportunity to meet with the Associate Vice President for Student Life and Development to discuss the judicial panel hearing process prior to the hearing.
6. At least three (3) days prior to the hearing the accused will provide the Associate Vice President for Student Life and Development with any written documentation to be presented at the hearing by the accused and the names of any material witnesses who will be called by the accused at the hearing. It is the responsibility of the accused student to notify these witnesses of the time, date and location of the hearing.
7. The accused student may request the removal of a member of the judicial panel on the grounds of personal bias by submitting a written statement to the Associate Vice President for Student Life and Development setting forth the basis for the challenge no later than two (2) days prior to the hearing. The Associate Vice President for Student Life and Development will determine whether to sustain or deny the challenge. If the request is sustained, a replacement will be appointed to serve on the hearing panel.
8. Members of the university community will be expected to comply with any request or directive issued by the Associate Vice President for Student Life and Development or judicial panel in connection with a disciplinary proceeding, unless compliance would result in significant personal hardship or substantial interference with normal university functions. A judicial panel member may request that he/she be removed from the panel due to conflict of interest.