HOOP Policy 186 - Appendix B – Disciplinary Hearing

1. Notice of Hearing: In cases other than those in which immediate interim disciplinary action has been taken, the accused student will be given at least 10 calendar days' notice of the date, time and place for the hearing, the name of the hearing officer, a written statement of the charge(s), and a summary statement of the evidence supporting such charge(s). The hearing notice may also set a deadline by which the student must notify the school if he or she intends to appear through a designated representative or counsel. The notice will be delivered in person or mailed to the student at the address appearing in the registrar's records. A notice sent by mail will be considered to have been received on the third day after the date of mailing, excluding any intervening Sunday. The date for a hearing may be postponed by the hearing officer for good cause or by agreement of the student and Dean.

2. Impartiality of Hearing Officer: The accused student may challenge the impartiality of the hearing officer up to three calendar days prior to the hearing by submitting the reasons for the challenge in writing to the hearing officer through the office of the Dean. The hearing officer is the sole judge of whether he or she can serve with fairness and objectivity. If the hearing officer disqualifies him- or herself, a substitute will be appointed.

3. Burden of Proof: On a hearing of the charges, the Dean or other institutional representative has the burden of going forward with the evidence and proving the charges by the greater weight of credible evidence.

4. Duties of Hearing Officer: The hearing officer is responsible for conducting the hearing in an orderly manner and controlling the conduct of the witnesses and participants in the hearing. The hearing officer will rule on all procedural matters and on objections regarding exhibits and testimony of witnesses; may question witnesses; and is entitled to have the advice and assistance of legal counsel from the UT System Office of General Counsel (“OGC”). The hearing officer will render and send to the Dean and the accused student a written decision that contains findings of fact and a conclusion as to the whether the accused student is responsible for the violations as charged. Upon a finding of responsibility, the hearing officer will assess a penalty(ies) as noted in the Sanctions section of HOOP Policy 186 Student Conduct and Discipline.

5. Conduct of Hearing: The hearing will be conducted as follows: