University of Baltimore
Students accused of code of conduct or academic integrity policy violations that will not result in suspension or dismissal from the university for disciplinary reasons, as determined by the associate vice president for student affairs after consultation with the charging party, will attend a disciplinary conference with the associate vice president for student affairs. Such students are accorded the following procedural protections:
- Written notice of charges at least three calendar days prior to the scheduled conference.
- Reasonable access to the case file prior to the scheduled conference.
- An opportunity to respond to the evidence against them and to call appropriate witnesses in their behalf.
At the close of the disciplinary conference, the associate vice president for student affairs will indicate a proposed decision and, if appropriate, a sanction to be imposed for the alleged violation(s). The associate vice president will inform the student that he or she has the option of accepting the decision that has been proposed or of having the case heard before a hearing board.
All students charged with violations of the code of conduct or academic integrity policy have a right to a hearing before a hearing board. Each board has jurisdiction over cases of alleged misconduct referred to it by the associate vice president for student affairs. The hearing boards will operate under the operational procedures provided in these policies and procedures and will provide a just and fair deliberation. The decisions of hearing boards are also subject to review and appeal as provided in these policies and procedures.
Operational Procedures of Hearing Boards
- Board Members
- The undergraduate hearing board shall consist of two undergraduate students, two faculty members, and one administrator.
- The graduate hearing board shall consist of two graduate students, two faculty members, and one administrator.
- The undergraduate and graduate hearing boards will have equal representation of the Yale Gordon College of Liberal Arts and the Robert G. Merrick School of Business among their student and faculty members, to the extent possible.
- The School of Law hearing board shall consist of two law students, two law faculty members, and one administrator.
- Student members of hearing boards shall be selected by the associate vice president for student affairs from annual appointees designated by the executive boards of the four branches of student government.
- Faculty members of hearing boards shall be selected by the associate vice president for student affairs from annual appointees of the deans.
- Administrators for hearing boards shall be selected by the associate vice president for student affairs from annual nominees of the provost.
- The senior faculty member on each hearing board shall serve as chair.
- The term of office of hearing board members shall be one calendar year commencing on June 15 each year. Vacancies may be filled any time.
- A quorum of a hearing board shall consist of four of the members assigned to the hearing board.
- Specifications of Fairness in Student Disciplinary Hearings
- Students have the following rights in situations in which they are charged with conduct that will result in a disciplinary hearing:
- The right to a written notice of charges and a list of hearing board members and witnesses at least 14 calendar days prior to a scheduled hearing. (The university must make a reasonable effort to deliver such notice. The charged student cannot frustrate this process by moving or failing to accept mail.)
- The right to a fair and impartial hearing before a hearing board.
- An opportunity to review, in advance, written information to be submitted at a hearing.
- The right to have an outside attorney present if the student is facing or there is reason to believe the student may face criminal and university charges stemming from the same incident.
- The right to present a version of the facts through personal and written statements, including the statements of witnesses.
- The opportunity to hear all information against him/her, and to question witnesses personally (not through counsel).
- The right to a determination of the facts of the case based solely on information presented at the hearing.
- The right to a written statement of the findings of fact.
- The right to make a record of the hearing at his or her own expense.
- The right to confidentiality of the hearing proceedings. Neither board members nor the associate vice president for student affairs will discuss or reveal to those who were not present what happened during the hearing, except that (i) they communicate results to university officials as necessary to implement the decisions of the hearing board and (ii) they will inform the victims of the outcome of a hearing in which they alleged sexual assault.
- A student who wishes to have persons present at the hearing other than those whose presence is required under these procedures must provide a written statement to the associate vice president for student affairs that waives the confidentiality of the proceeding with regard to the additional attendees.
- Procedures for Hearing Boards
- When the accused student requests to have additional persons present at the hearing and has waived the right to confidentiality with regard to those persons, the chair of the hearing board shall permit a limited number of those persons to attend the hearing. Under no circumstances will the hearing be open to more people than appropriate in light of the normal capacity of the hearing room. In addition, in the event of a hearing involving allegations of sexual assault, the alleged victim is entitled to the same opportunities to have others present when he or she is present at the hearing as the accused student.
- The accused student may challenge up to two members of the board peremptorily and without cause. The associate vice president for student affairs will designate alternate members of the board to replace those challenged.
- The accused student may be represented or assisted by any member of the academic community of the University of Baltimore , except those members who are attorneys. No person representing or assisting a student may accept a fee for the service. He or she may speak to and advise the student, but may not take part in any of the proceedings or address the hearing board. The chair of the hearings board may ask the representative to leave the hearing if these rules are violated in any way.
- The accused student may not be represented by legal counsel unless criminal charges stemming from the same incident exist or there is reason to believe that they may be brought. In those cases, the accused student may have an attorney present, but the following procedures apply:
- The chair will inform counsel that he/she is present only to safeguard the defendant's rights in the criminal proceeding, not to affect the outcome of the disciplinary hearing. Counsel's principal functions are to advise the accused student whether to answer questions and what to say in order to avoid self-incrimination. Counsel therefore may speak to and advise the student, but may not take part in any of the proceedings. Counsel may not address the hearing board.
- An accused student who intends to bring an attorney to a hearing must notify the associate vice president for student affairs four working days prior to the hearing date so that the associate vice president for student affairs may request the presence of a representative of the state's attorney general.
- The chair of the hearing board may ask an accused student's attorney to leave the hearing if these rules are violated in any way.
- The chair of each hearing board will exercise control over the hearing to avoid needless consumption of time and to prevent the harassment or intimidation of witnesses.
- Prospective witnesses, other than the complainant and the charged student, may be excluded during the testimony of other witnesses, at the option of the hearing board. All parties, the witnesses, and the public shall be excluded during board deliberations.
- Formal rules of evidence are not applicable in disciplinary proceedings under these procedures.
- The associate vice president for student affairs or a designee will present the charges and any written or physical evidence on behalf of the university. All witnesses shall testify in person. The board may address questions to any party or to any witness, but the student charged shall not be compelled to testify or answer any questions, and the student's silence shall not be used against him/her. The board and/or student may request the associate vice president for student affairs to require the production of records or other exhibits that are available to the university. The student shall have the right to respond to any evidence introduced on behalf of the university.
- If the accused student, after receiving appropriate notification of the date, time and place of a disciplinary hearing, fails or refuses to appear, the hearing will proceed.
- The university shall have the burden of proving that the student is guilty of the charged misconduct by a preponderance of the evidence.
- Final decisions of all hearing boards shall be by majority vote of the members present and voting.
- The hearing board shall submit a written report to the associate vice president for student affairs consisting of:
- the notice of the charges and other hearing documents,
- a summary of the evidence presented,
- the findings of the board, and, if applicable, and
- the sanction(s) recommended.
- The associate vice president for student affairs shall impose sanctions recommended by the hearing board. The student shall be notified in writing of the findings of the hearing board and the proposed sanctions, which shall become effective unless the student makes a written appeal.
- Appeals Pending Imposition of Sanctions by the Associate Vice President
Either the student charged or the person who filed the charge may appeal a decision of a hearing board. Appeal requests must be made in writing to the associate vice president for student affairs within 14 calendar days of the mailing of the notice of findings of fact and proposed sanctions. Appeal requests, along with appropriate hearing documents, shall be promptly transmitted to the provost or a designee. If appealing to the provost or the provost's designee will create a conflict of interest, the president of the university will designate an unbiased person to hear the appeal.
The findings of hearing boards may be reversed based upon any of the following:
- The decision was unsupported by substantial evidence in the view of the entire record;
- There was a substantial departure from, or denial of, rights or provisions enumerated under the Specifications of Fairness in Student Disciplinary Hearings provision or the Procedures for Hearing Boards provision of these policies and procedures.
- There is new evidence previously unavailable which, if proven accurate, could substantially alter the decision as to the guilt or innocence of the student charged or to the sanction imposed.
- There is a reasonable claim that the sanction imposed is disproportionate to the gravity of the conduct.
The student charged and the person who filed the charge will be notified in writing of the decision concerning the results of the appeal.
Role of Associate Vice President for Student Affairs
The associate vice president for student affairs shall have the following responsibilities for directing efforts of students and staff members in matters involving student judicial affairs:
- receiving complaints against students concerning their conduct
- determining the disciplinary charges to be filed pursuant to these policies and procedures
- collecting evidence pertinent to the charges filed against a student
- interviewing and advising parties involved in disciplinary proceedings regarding their rights and the procedures to be followed
- conducting disciplinary conferences to adjudicate cases of minor violations of this code where separation from the university is not in question and the student chooses to waive the right to a hearing before a hearing board
- engaging in substantive discussion with students about relevant ethical issues
- scheduling and coordinating hearings
- notifying the accused and all parties involved of the charges and scheduled hearings
- notifying the accused and the complainant in writing of the decision of the hearing body
- maintaining student disciplinary records
- referring appeal requests to the appropriate official
- imposing sanctions agreed upon in disciplinary conferences with students or recommended by hearing boards and
- training and advising all hearing board members.
If, on any occasion arising under these policies and procedures, the associate vice president for student affairs is responsible for undertaking a task that would create a conflict of interest, the provost will be responsible for appointing an impartial person to replace the associate vice president with regard to that task.