St. Cloud State University

Purpose of the Judicial Panel Hearing

1. The purpose of the hearing panel is to formulate a recommendation to the Associate Vice President for Student Life and Development as to whether it is more likely than not that a violation of the Code of Conduct occurred, and if one has occurred, to recommend a sanction.
2. In order to preserve the confidential nature of the disciplinary process, and to protect the privacy of all parties, hearings will be closed.
3. Each judicial panel will have a chairperson who will preside at the hearing and will rule upon procedural matters. Formal rules of evidence will not apply, although objections to the introduction of specific statements or documents may be considered by the chair, who will have the power to decide or to consult with judicial panel members prior to making a decision. Irrelevant, immaterial, or unduly repetitious information may be excluded by the chair. Evidence of prior misconduct by the accused will be admissible only after a finding that a Code of Conduct violation has been committed and may be used in the determination of recommended sanction(s).
4. A representative of the university will present the evidence which supports the charge(s) and will have the burden of showing that it is more likely than not that a violation of the Code of Conduct has occurred.
5. The hearing will be audio tape recorded. Copies of the tape(s) may be obtained by the accused student by making a request in writing to the Associate Vice President for Student Life and Development. The university is not responsible for technical malfunctions.
6. Material witnesses will be asked to leave the hearing following their testimony before the judicial hearing panel. The complainant and accused may remain throughout the entire hearing.
7. The order of presentation at the hearing will be as follows:
   1. The university representative will present an opening statement.
   2. The accused may present an opening statement.
   3. The chair will call witnesses for the university to provide statements under oath.
   4. The chair will then call witnesses for the accused to provide statements under oath.
   5. At the conclusion of each witness' statement, he/she may be questioned by the accused, complainant and/or university presenter and by members of the judicial panel. Any witness may be recalled.
   6. Following the testimony of all witnesses, case summations may be presented.