The University Judicial Hearing Committee Composition
- Judicial Hearing: Judicial Hearing shall be conducted by the University Judicial Hearing Committee.
- Judicial Hearing Committee: The Judicial Hearing Committee shall be composed of five (5) members: a Judicial Hearing Officer, two (2) faculty or staff members, and two (2) students.
- Quorum: A quorum of the Judicial Hearing Committee shall consist of three (3) members: a Judicial Hearing Officer, a faculty or staff member, and a student representative.
The Judicial Hearing Procedure
The steps outlined here provide an overview of the hearing procedure. Hearings may occur in a different order but all parties will have an opportunity to be herad
- The Judicial Hearing Officer will review the guidelines and procedures of the hearing which includes the following: introduction of the committee members, complainant(s), respondent(s) advisor(s) (if present), observers (if present), and witnesses.
- The Judicial Hearing Officer will present the allegations against the respondent(s).
- The complainant and respondent are each given the opportunity to make an opening statement. If the complainant is not present, then the Judicial Hearing Officer will present the complaint.
- The complainant will give their opening statement. The complainant can provide their evidence at this time to the Judicial Hearing Committee.
- Once the complainant has finished completing their opening statement, the Judicial Hearing Officer will then ask for the defendant to give their opening statement.
- The respondent(s) will give their opening statement. The respondent(s) can provide their evidence at this time to the Judicial Hearing Committee.
- After the Judicial Hearing Committee has heard both the complainant and the respondent(s), then the Committee will have an opportunity to ask questions to both parties.
- Any witnesses will then be asked to give their statements.
- Once the witnesses have given their statement(s), the Judicial Hearing Committee may ask them questions.
- Once the Judicial Hearing Committee has asked their questions of the witnesses, the complaint and the respondent will be given an opportunity to pose questions to each other under the guidance of the Judicial Hearing Officer.
- Each party may give a closing statement to the Judicial Hearing Committee.
- At the conclusion of the hearing, the Judicial Hearing Committee will deliberate and, using a preponderance of the evidence standard, determine whether or not the student violated the applicable policy, and the appropriate sanction.
- The Office of Student Conduct will notify the student of the Judicial Hearing Committee’s decision, within five (5) business days of the hearing via electronic mail to the UDC email address.
- Student’s right to appeal:The student may, within five (5) business days of the date of the notice, appeal the decision, using the process set forth in Article VII. Unless otherwise determined, at the University’s discretion, sanctions are effective immediately, even if an appeal is filed.
The University Student Appeals Procedure
Students shall have the right to appeal decisions resulting from a judicial hearing. All written notices of appeals of non-academic misconduct shall be forwarded to the Office of Student Conduct. Appeals must be received by the Office of Student Conduct within five (5) business days of the date of the notice of the judicial hearing decision. When submitting an appeal, the Student must provide a rationale for the appeal, based on the permissible grounds for appeal listed below, and adequate information (including documentation) to support the appeal. Failure to appear, or late arrival for a scheduled hearing, is not cause for an appeal.
The Grounds for An Appeal
The Appeal Hearing Officer shall make the determination as to whether there exist grounds for appeal. Grounds for appeal are limited to the following:
- Discovery of new information: There is new information, or other relevant facts, potentially sufficient to alter the findings, but that could not have been known to the Student at the time of the hearing.
- Procedural error: The hearing was not conducted in accordance with the Code of Student Conduct. Deviations from designated procedures will not be a basis for sustaining a challenge unless the procedural error substantially impacted the finding or sanction.
- Sanction not within permissible scope of discipline: Sanctions that are clearly excessive given the alleged misconduct.
The Appeal is not a rehearing of the case; it is a written statement specifically stating the grounds for the appeal and any supporting information.
The Appeal Committee will dismiss the appeal if it is not based on one of more of the grounds set forth in Article IX B of the Code.
The Appeal Committee will decide the appeal based on a review of the record and supporting documents.
The Appeal Decision
The Appeals Hearing Officer or designee will render a written decision. The appeal decision may uphold the original hearing decision (findings and sanction), modify the hearing decision, overturn the hearing decision, or refer the case back to the original hearing officer, as warranted. The appeal decision rendered by the Appeals Hearing Officer or designee is final. If a case is referred back to the original Hearing Committee, the new decision of the Hearing Committee is considered final (no additional Appeal will be granted).
The Notification of Appeal Decision
The Appeals Hearing Officer shall deliver the decision in writing to the Respondent and the Office of Student Conduct no later than twenty (20) business days from the date of receipt of the appeal request. The appeal decision rendered by the Appeals Hearing Officer or designee is final.
What the Office of Student Conduct Expects of Students?
- Students are to conduct themselves in a way that aligns with the University’s mission and fosters a safe learning environment.
- Students will take responsibility for their own behavior and actions.
- Students will be held accountable for their own behavior and actions.
- Students will understand if they violate the Code of Student Conduct and participate in behaviors that are detrimental to themselves and/or the community, they will be held accountable. Claiming ignorance of expectations included in the Code of Student Conduct will not be considered a legitimate excuse when a violation of the University policy has occurred.
- Students will understand that repeated violations of the Code of Student Conduct could result in suspension or expulsion from the University of the District of Columbia.
What students can expect from the Office of Student Conduct?
- Students will be treated with fairness, dignity, and respect. They will also be treated as adults.
- Students will receive notification of alleged violations to the Code of Student Conduct in a timely fashion (e.g., hearing information, hearing results, and or appeals).
- Students will have their questions regarding the conduct process (e.g., hearing outcomes, sanctions, etc.) answered completely, in a timely manner.
- Students will be referred to other campus offices/agencies as needed.
- Information regarding a student’s conduct history will be kept confidential, with information released only to those with a legitimate right to know such information.
- The Office of Student Conduct may place holds on a student’s record that prevents registration and the release of transcripts until sanctions have been completed.