7.0 Hearing Procedures (see 3335-27-04)
Students have a right to fair hearings. Although the procedural
requirements are not as formal as those existing in the civil courts of law, to ensure
fairness, the following procedures apply and will be included within hearing notices:
- Hearings are restricted to those directly involved or those requested by the accused or
hearing panel to attend. The hearing panel may take reasonable measures to assure an
orderly hearing, including removal of persons who impede or disrupt proceedings.
The accused student may have a person present to advise him or her. The adviser
may only counsel the student and not actively participate in the hearing, unless
clarification is needed as determined by the hearing panel.
The accused may submit a written statement, may invite witnesses to attend on the
accused's behalf, may ask questions of witnesses called by others, and will be notified of
witnesses to be called. The University may present witnesses as well as question those
presented by the accused.
Written statements signed by a witness(es), verified as
being by that witness(es) by the Coordinator of the Committee, may be used if, for good
reason, the witness(es) cannot attend the hearing.
University hearings, unlike proceedings of courts of law, do not
require conclusive proof; instead, the greater weight of the evidence is sufficient for
the hearing panel to decide if a violation of the Code has occurred and to impose a
sanction.
8.0 Attendance (3335-27-05)
Because the most accurate and fair review of the facts can best be
accomplished when all parties are present, the accused is expected to attend. If an
individual does not choose to attend a hearing, the charges will be reviewed as scheduled
on the basis of the information available and a decision will be made. No decision shall
be based solely on the failure of the accused student to attend the hearing or answer the
charges.
9.0 Student Requests
9.1 A student charged with academic misconduct
will be provided with a copy of all pertinent information from the case file before the
hearing. This includes the written report from the instructor on the alleged misconduct.
The student should meet with the Coordinator to review the hearing procedure and student
rights and responsibilities.
9.2 An accused student may request in writing a continuance of
the hearing for cause. The written request for continuance must be received at least
one day before the hearing. The Coordinator of the Committee will be responsible for
reviewing such a request and will promptly inform the accused of the decision on the
request.
9.3 When more than one student is accused in an
incident, one or more of the accused may request separate hearings otherwise they will
have their case heard together. The request for a separate hearing must be received at
least one day before the hearing. The Coordinator of the Committee will be responsible for
reviewing such requests and promptly informing the accused of the decision on the request.
9.4 Regional Campus and Agricultural Technical
Institute students may request to have cases heard in Columbus or by an ad hoc panel at
the regional campus/Agricultural Technical Institute.
With a request to be heard on a regional campus or ATI, the student
waives the right to have the case heard by a panel of the Committee on Academic Misconduct
in Columbus. The decision of the ad hoc panel is final, subject to the regular appeal
procedures.
