Student Conduct Code

Student Conduct Code Procedures


University of Hawaiʻi at Mānoa  August 2010

 

VI. STUDENT CONDUCT APPELLATE BOARD HEARINGS

A date and time shall be set for a Student Conduct Appellate Board Hearing. Prior to the hearing, the accused student may review written documentation that will be presented during the hearing. Personally identifiable information may be redacted. The accused student shall be informed of the membership of the Student Conduct Appellate Board and may request alternates if s/he can make a case for bias. The Chair of the Board shall render such decision(s). If the accused student presents a claim of bias against the Chair of the Board, the Student Conduct Administrator shall render a decision whether to appoint an alternate Chair of the Board. If any member of the Board feels that his/her relationship, knowledge or familiarity with the incident in question or the individuals involved would affect his/her ability to render an impartial decision, the Board member shall recuse her/himself.

  1. Student Conduct Appellate Board Composition and Quorum

    The Student Conduct Appellate Board shall have the jurisdiction and the authority to review the Student Conduct Administrator's investigation and decision involving alleged violations of the Student Conduct Code. The Board shall consist of the Chair and four (4) voting members constituted as follows:

    * A chairperson, appointed by the Student Conduct Administrator
    * 1 faculty member, nominated by the Mānoa Faculty Senate
    * 1 staff member, nominated by the OSA Assembly
    * 1 graduate student, nominated by the Graduate Student Organization
    * 1 undergraduate student, nominated by the Associated Students of the University of Hawai'i.

    The Chair and two (2) members of the Board shall constitute a quorum. The Chair is a non-voting member unless there is a tie vote.
  2. Student Conduct Appellate Board Hearing Guidelines

    The Student Conduct Appellate Board Hearing (Appellate Hearing) shall be conducted by a Student Conduct Appellate Board (Appellate Board) according to the following guidelines:

    An Appellate Hearing shall be conducted in private.

    The accused student and her/his advisor, if any, shall be allowed to attend the Appellate Hearing, excluding deliberations, at which information is received. Admission of any other person to the Appellate Hearing shall be at the discretion of the Appellate Board Chair.

    In an Appellate Hearing involving more than one accused student, the Student Conduct Administrator, at her/his discretion, may permit the Appellate Hearing concerning each student to be conducted either separately or jointly.

    The accused student has the right to be assisted by an advisor of her/his choice, at her/his own expense. The advisor may be a member of the University of Hawai'i at Mānoa community and may not be an attorney. The accused student is responsible for presenting his/her own information, and therefore, advisors are not permitted to speak during or to participate directly in an Appellate Hearing. An accused student should select as an advisor a person whose schedule allows attendance at the scheduled date and time for the Appellate Hearing because delays will not normally be allowed due to the scheduling conflicts of an advisor. If an accused student is also the subject of a pending criminal matter arising out of the same circumstances, s/he may be allowed to have an attorney serve as his/her advisor, at his/her own expense, to behave in the same manner as any other advisor above.

    Pertinent records, exhibits, and written statements may be accepted as information for consideration by the Appellate Board at the discretion of the Chair.

    All procedural questions are subject to the final decision of the Chair.

    After the Appellate Hearing concludes, the Appellate Board shall determine (by majority vote) whether to uphold or deny the appeal. If an appeal is upheld, the matter shall be returned to the Student Conduct Administrator to re-open the investigation for reconsideration of the original determination and possible reconsideration of the original sanction(s). If an appeal is denied, the matter shall be considered final and binding within the University of Hawai'i at Mānoa.

    Formal rules of process, procedure, and/or technical rules of evidence, such as are applied in criminal or civil court, are not used in Board proceedings.

    There shall be a single verbatim record, such as an audio recording, of all Appellate Hearings before the Appellate Board (not including deliberations). Deliberations shall not be recorded. The record shall be the property of the University of Hawai'i at Mānoa and no copies shall be made or distributed.

    If an accused student, without providing advance notice or explanation, fails to appear at a Hearing, the Hearing shall not take place and the original decision of the Student Conduct Administrator shall stand.

    All decisions of the Appellate Board shall be final and binding within the University of Hawai'i at Mānoa.