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:
- Each party shall provide the other party a list of witnesses, a brief summary of the testimony to be given by each, and a copy of documents to be introduced at the hearing at least five calendar days prior to the hearing.
- Each party has the right to appear, present testimony of witnesses and documentary evidence, cross-examine witnesses, and be assisted by an advisor of choice. The advisor may be an attorney. If the accused student's advisor is an attorney, the Dean's advisor may be an attorney from the UT System OGC. If the accused student’s advisor is an attorney, the student must provide written notice to the Hearing Officer no later than 5 calendar days prior to the hearing. An advisor may confer with and advise the Dean or accused student, but may not question witnesses, introduce evidence, make objections or present argument to the hearing officer.
- The Dean may recommend a penalty to be assessed by the hearing officer, and may base the recommendation on past practice for violations of a similar nature, the student's past disciplinary record, or other factors the Dean deems relevant. The accused student is entitled to respond to the Dean's recommendation.
- The hearing will be recorded. If either party wishes to appeal the hearing officer's decision, the official record will consist of the recording of the hearing, the documents received in evidence and the decision of the hearing officer. At the request of the President, the recording of the hearing will be transcribed and both parties will receive a transcript.
- The hearing officer will send a written decision to both parties that will contain findings of facts, conclusions as to the guilt or innocence of the accused, and the disciplinary action, if any.