Hearings

Summons: A member of the Residence Life staff will contact the student(s) involved to inform them of an alleged violation and schedule an appointment for a meeting or hearing if necessary. This contact may take the place of the written email summons. The summons is a written document that includes a description of the infraction, and a notice of action to take, i.e. meeting with hearing officer or SACC. Only Student Affairs staff may issue a summons and this process will be conducted in a manner that promotes confidentiality. Each student involved in an incident should be advised of the date, time and place of any hearings, as well as the general nature of the charges against him or her. Please note that our official mode of communication is to the student’s Vanguard email address and it is the student’s responsibility to regularly check their email.

Behavioral Contract: At times, the Residence Life staff, or a member of the Student Care Team, may choose to communicate an action plan for student care outside of the conduct process. Behavioral Contracts will either be developed by a Residence Life staff member or Care Team member with the student or at the sole discretion of the Residence Life staff or Care Team. The purpose of the Behavioral Contract is to identify areas of student growth based on particular behaviors and to recommend action items for students to make progress towards the desired areas of development. Failure to comply with a recommended Behavioral Contract may result in the student being summoned to attend a conduct hearing or other consequences as outlined in the original contract.

Resolution Decision Letter: When the hearing officer or Student Affairs Conduct Committee (SACC) conducts a hearing and makes a conduct decision; a student will receive a Resolution Decision Letter that will be distributed to: a) the student involved; and b) placed in the student’s file to be viewed by Residence Life staff as needed. If students found in violation of community standards are involved in leadership programs, athletics, and/or clubs and organizations within the University community, the student can expect that their faculty or staff advisors will be notified of a disciplinary decision as well.

It is expected that all persons appearing for a hearing will present information that is both true and correct. Behaviors, active or passive, intended to impede the conduct process, including failure to appear, the misrepresentation of information, attempts to influence the testimony of another, failure to comply with a sanction, etc., may result in serious disciplinary action. Hearings may be audio recorded by the hearing officer or SACC for the purpose of documentation of the hearing proceedings and will be the sole property of the university. The hearing officer and Student Affairs Conduct Committee will honor a student’s class schedule when scheduling a hearing. Anything outside of scheduled classes will not be considered a conflict and the student is expected to comply with the assigned time. If the student, with notice, does not appear for their scheduled hearing, the information in support of the charges shall be presented and considered even if the student is not present (in absentia).

In all disciplinary circumstances the student(s) should be reminded that the developments of self and personal integrity are primary goals of the conduct process. Also, the corrective measures are intended to assist each student become a responsible and positive contributing member of the VU community. Each hearing will include information about a student’s right to appeal the decision. A Resolution Decision letter will be issued within ten (10) business days.

Besides the hearing officer or SACC members and the student(s) involved in an incident, the involved student has the option of requesting an advisor or witnesses to be present.

Students studying abroad may attend their hearing via a mutually agreed upon online platform or phone.

Advisor: The student shall have the right to choose anyone from the University community to serve as an advisor. The advisor may not act as a witness, either of the incident or as a “character” witness. The advisor does not speak for, or in place of, the student but only serves to support the student. If the student wishes to have legal representation, he/she needs to discuss this with the Vice President for Student Affairs in writing prior to the hearing. Legal counsel has limited roles in private university disciplinary proceedings and would serve as an advisor.

Students should select as an advisor a person whose schedule allows attendance at the scheduled date and time for the hearing because delays will not normally be allowed due to the scheduling conflicts of an advisor.

Witnesses: The student has the right to call witnesses on his/her behalf following this guideline: witnesses are limited to those persons who have firsthand knowledge of the behavior/incident in question (i.e. eye and ear witnesses). Both the student and the hearing officers or SACC have the right to call witnesses. “Character” witnesses are generally not allowed to participate in hearings. The hearing officer or SACC shall rule on allowing any “character” witnesses to offer their testimony. Witnesses may not participate in the council hearing except for an orientation and to give their testimony. The hearing officer or committee shall rule on the admissibility of all evidence.

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