Understanding the Judicial Process

Filing a Judicial Referral

Procedural Interview
Hearing Guide for the Accused

Hearing Guide for the Complainant

Appeal Process

Statement on Sexual Assault

Statement on Hate Motivated Offenses

Statement on Hazing

Filing a Judicial Referral

For a detailed description of the judicial process, refer to the Procedure Section of the Student Code of Conduct.

The referral process begins when a student or student organization is believed to have violated the code of conduct. Whether it is residence life staff confronting a room for drinking alcohol, a professor who discovers plagiarism, or an OUPD officer who arrests an intoxicated student, the process begins when there is believed to be a violation of the Student Code of Conduct.

Any member of the Ohio University community (students, faculty, or staff) may file a judicial referral charging a student or student organization with an offense of the student code of conduct. This person becomes the complainant in the case. The student or student organization being charged with the alleged offense is called the accused.

All judicial referrals are reviewed by the director of University Judiciaries. If the director deems that sufficient evidence exists to warrant further exploration of the complaint through the judicial process, the next step is for the accused to be scheduled for a procedural interview with a hearing officer. The accused is sent a copy of the referral which includes the charges and a description of the incident, a scheduling letter detailing the date and time of the procedural interview, and the accused’s rights and options as provided in the code of conduct

Procedural Interview

The procedural interview is the opportunity for the accused to meet one-on-one with a hearing officer to review the case. The hearing officer will clarify the rights and options available to the accused. The accused is given the opportunity to provide his or her account of the incident and to engage in a discussion with the hearing officer about issues related to the incident.

The accused is given the option of 1) admitting to the charge and having the hearing officer impose a sanction or 2) denying the charge and requesting a hearing before the hearing officer or a hearing board for a broader exploration of the facts and circumstances regarding the incident.

If the accused admits to the charge, the hearing officer imposes an appropriate sanction and provide the accused with a copy of the disposition form indicating the outcome of the procedural interview (decision and sanction). A letter confirming the outcome of the case is mailed to the accused following the procedural interview)

If the accused denies the charge, a hearing will be scheduled for a later date to resolve the case. An accused deemed not at risk for separation from the University, in the event that the alleged charges are substantiated, will have an administrative hearing with the hearing officer who conducted the procedural interview.

Hearing Guide for the Accused

You have just denied the charges during your procedural interview and opted for a hearing to further explore the facts and circumstances surrounding your case. This will educate you about the hearing process and to serve as a guide as you begin to prepare for your hearing.

Two Types of Hearings

An administrative hearing is an opportunity for the accused student and complainant to further explore the alleged violation of the Ohio University Student Code of Conduct before a hearing authority who will render a decision regarding the charge. An administrative hearing is typically reserved for those students who are deemed not at risk of suspension or expulsion from the university. Administrative hearings are usually conducted by the hearing authority that conducted the procedural interview. A student not determined to be at risk of separation from the university can only proceed to an administrative hearing.

A university hearing board is also an opportunity for the accused student and complainant to further explore the circum- stances regarding the alleged violations. A hearing board is composed of either: a) three students, an administrator, and a faculty member or b) two students and one faculty member or administrator. The board will render a decision regarding the charge. A student at risk of separation from the university has the option of either an administrative hearing or a university hearing board.

It is important to remember that the process is the same for both the administrative hearing and university hearing board. The difference is simply which hearing authority conducts the hearing. Both types of hearings are designed to further explore the facts and circumstances surrounding your case.

Preparing for the Hearing

Whether you are proceeding to an administrative hearing or university hearing board, you will need to prepare. There are essentially two things to prepare for your hearing: (1) case presentation for finding and (2) character information for sanctioning (only if you are found in violation of the offense).

Case Presentation for Finding

Because you have denied the charge you will need to show that you are not responsible for the alleged violation. You are entitled to present your side of the case including any testimony, witnesses and evidence.

A hearing begins with you deciding whether you want the hearing to be open or closed to the public. An open hearing allows for anyone to view the hearing (including observers for the complainant) and allows the complainant to remain throughout the hearing. A closed hearing results in no observers and the complainant leaving after the finding portion of the hearing.

Next, both the complainant and the accused have the opportunity to make an opening statement highlighting the main points of their case. This is followed by the complainant presenting his or her case first because the burden of proof rests with the complainant. During this time you will want to listen intently and write down any questions that you may want to pose to the complainant or any witnesses. There will be a specific time allotted for you to ask questions. This is why it is suggested that you write down questions as they come to you.

After the complainant is finished, you will present your side of the case. When presenting, it is best to work in a chronological fashion detailing from start to finish the incident in question. It is important to reference the specific charge that has been lodged against you. It will not benefit you to address irrelevant issues in your case presentation. You will also want to present any physical evidence that will corroborate your account, such as copies of assignments, syllabi, pictures, etc.

Another important part of the hearing is the testimony of witnesses. You will want to begin gathering witnesses as soon as possible that may have a bearing on the outcome of your case. Please note that during the hearing the hearing authority and complainant have the right to view any physical evidence and question any witnesses that you present.

At the conclusion of your case presentation the complainant is afforded the opportunity to question you concerning any of your testimony. Just be prepared for this and answer the questions truthfully and to the best of your ability.

Once both you and the complainant are finished with case presentations, you both will be allowed to present a summary statement. Again, address the specific charges brought against you and recap some of the main points of your presentation.

Who Can Assist You?

Preparing for a hearing may seem like a daunting task and you may want some help. You are allowed to be accompanied by an advisor during the hearing whose role is to assist you through the process. The advisor must be a member of the university community (faculty, administrator, student, employee).

Students Defending Students is an organization that helps students through the judicial process and serves as advisors. They can be contacted at: Students Defending Students, 328 Baker Center, 593-4045, Fax: 593-0696.

(Note: If criminal charges are pending or likely to be pending you may be accompanied by an attorney.)

Case Presentation Checklist

Here is a checklist of items to assist you in preparing for your case presentation:

• Opening statement
• Chronological order of incident
• Witnesses
• Evidence
• Questions for complainant
• Summary statement
• An advisor

Character Information for Sanctioning

If you are found in violation of an offense, the hearing will proceed to determine sanction. You will be given the opportunity to present character information to assist the hearing authority in imposing a sanction.

If you are found in violation, it is natural to feel defeated which could result in not presenting yourself well during the character information portion of the hearing. Too many students fail to realize the importance of this portion of the hearing. This is the time when the hearing authority gets to know something more about you other than what is in the judicial referral. You can let them know more about you outside of disciplinary concerns such as by sharing your accomplishments, involvements, and personal goals. You may also present letters of reference on your behalf. There are no hard and fast rules, so be creative. Also, take the time to advise the hearing authority about what you’ve learned from the incident.

During this part of the hearing the complainant has the opportunity to submit a statement about the impact of the offense. This is given orally if the hearing is open or in written form if the hearing is closed.

Character Information Checklist

Here is a checklist of items to assist you in preparing for your character information presentation:

• Information about you (goals, grades, etc)
• Letters of reference
• Someone to speak on your behalf
• What you learned from the incident

Standard of Proof

A standard of proof refers to the criteria or measure of proof that is used to assess if a student is responsible for violating the code of conduct. The standard of proof used during a hearing is a preponderance of the evidence.

Preponderance of the evidence is defined as the greater weight of the evidence; that is evidence that outweighs or overbalances the evidence opposed to it. Preponderance means evidence that is more probable or more persuasive. It is the quality of evidence that is weighed. Quality may or may not be identical with quantity. If the weight of the evidence is equally balanced, the complainant has not proven the charge. The burden for proving an alleged violation rests with the complainant.

The reason that University Judiciaries uses a preponderance of the evidence is because it is the standard of proof that is most conducive to the academic setting.

Hearing Guide for the Complainant

You filed a complaint against a student or student organization alleging misconduct. The accused has denied the charge and opted for a hearing to further explore the facts and circumstances surrounding your complaint. This information will educate you about the hearing process and will serve as a guide as you begin to prepare for the hearing. For more details on your rights and options and the hearing procedure, refer to the Procedure Section of the Student Code of Conduct.

Two Types of Hearings

An administrative hearing is an opportunity for the accused and complainant to further explore the alleged violation of the Ohio University Student Code of Conduct before a hearing officer who will render a decision regarding the charges. Administrative hearings are usually conducted by the hearing officer that conducted the procedural interview. An accused not determined to be at risk of separation from the university can only proceed to an administrative hearing.

A university hearing board is also an opportunity for the accused and complainant to further explore the circumstances regarding the alleged violation. A hearing board is composed of either: a) three students, an administrator, and a faculty member or b) two students and one faculty member or administrator. The board will render a decision regarding the charge.

A hearing board is only an option if the accused is at risk of suspension or expulsion, however, a student or student organization at risk of separation from the university has the option of either an administrative hearing or a university hearing board. It is important to remember that the process is the same for both the administrative hearing and university hearing board. The difference is simply which hearing authority conducts the hearing.

Preparing for the Hearing

The hearing consists of two sections, case presentation for finding and sanctioning. If the accused is found not in violation during the finding portion of the hearing, the sanctioning section will not occur. The complainant is required to be present for the finding portion of the hearing; participation in the sanctioning phase of the hearing will depend on whether or not the hearing is open which is determined by the accused. (See Case Presentation for Finding below).

As the complainant in a hearing, there are essentially two things you need to prepare for your hearing: (1) case presentation and (2) impact statement for sanctioning (if needed).

Case Presentation for Finding

Because you initiated the complaint against the accused student, you will need to show that the accused student is responsible for the alleged violation. You are entitled to present your side of the case, including any testimony, witnesses, and evidence.

A hearing begins with the accused deciding whether the hearing is open or closed to the public. An open hearing allows for anyone to view the hearing (including observers for both sides) and allows you as the complainant to remain throughout the hearing. A closed hearing means there are no observers and you will be required to leave after the finding portion of the hearing.

Next, both you and the accused have the opportunity to make an opening statement highlighting the main points of your cases. This is followed by you presenting your full side of the case. Since the burden of proof rests with you as the complainant, you present first. When presenting your side, it is best to work in a chronological fashion, detailing from start to finish, the incident in question. It is important to reference the specific charge that has been lodged against the accused. It will not benefit you to address irrelevant issues in your case presentation. You should also present any physical evidence that will corroborate your account, such as copies of assignments, syllabi, pictures, etc.

Another important part of the hearing is the testimony of witnesses. You will want to begin gathering witnesses as soon as possible that may have a bearing on the outcome of your case. Please note that during the hearing the hearing authority and accused have the right to view any physical evidence and question any witnesses that you present.

At the conclusion of your case presentation the accused is afforded the opportunity to question you concerning any of your testimony. Just be for this and answer the questions truthfully and to the best of your ability.

After you are finished with your case presentation, the accused student or student organization will present his/her side of the case. During the presentation by the accused, you will want to listen intently to the testimony and make note of any questions that you may want to pose to the accused or any witnesses. There will be a specific time allotted for you to ask questions. This is why it is suggested that you write any questions down as they come to you.

The finding portion of the hearing concludes with both sides presenting a summary statement. Again, address the specific charges you brought against the accused and recap some of the main points of your presentation.

Impact Statement

If the accused is found in violation of the offense, the complainant is given the opportunity to present an impact statement to be considered by the hearing authority in determining sanction. You will need to prepare your impact statement in writing. The statement will be given orally by you if the hearing is open or in written form if the hearing is closed. Include in your statement how the misconduct of the accused has had an impact on you or the university community, such as physical injury, financial loss or damage of property, personal impact through disrespect, worry or fear, impact on others, or loss of valuable time to prepare for the hearing.

Who Can Assist You?

Preparing for a hearing may seem like a daunting task and you may want some help. You are allowed to be accompanied by an advisor during the hearing whose role is to assist you through the process. The advisor must be a member of the university community (faculty, administrator, student, or employee).

Hearing Presentation Checklist

Here is a checklist of items to assist you in preparing for your case presentation:

• Opening statement
• Chronological order of incident
• The specific charges alleged
• Witnesses
• Evidence
• Questions for the accused
• Summary statement
• Impact statement
• An advisor

Standard of Proof

A standard of proof refers to the criteria or measure of proof that is used to assess if the accused is found responsible for violating the code of conduct. The standard of proof used during a hearing is a preponderance of the evidence.

Preponderance of the evidence is defined as the greater weight of the evidence; that is evidence that outweighs or overbalances the evidence opposed to it. Preponderance means evidence that is more probable or more persuasive. It is the quality of evidence that is weighed. Quality may or may not be identical with quantity. If the weight of the evidence is equally balanced, the complainant has not proven the charge. The burden for proving an alleged violation rests with the complainant.

The reason that University Judiciaries uses a preponderance of the evidence is because it is the standard of proof that is most conducive to the academic setting.

Appeal Process

Two levels of appeal are provided by the code of conduct for the accused student or student organization. The first level is a University Appeal Board which is comprised of university hearing board members. If this appeal is denied, the final level of appeal is a vice presidential review by the Vice President of Student Affairs of Ohio University.

Filing a Judicial Appeal

You have just come out of a procedural interview or a hearing where a decision was made about your judicial case. Although University Judiciaries makes every effort to be as thorough and fair as possible when deciding student disciplinary cases, you may feel that the wrong decision was made. You may want to consider appealing the decision. To review the appeal process in the code of conduct, refer to the Procedure Section of the Student Code of Conduct.

General Appeal Information
The Ohio University Student Code of Conduct offers accused students the opportunity to appeal decisions about their disciplinary case. An appeal is decided by a University Appeal Board, composed of a student, a faculty member, and an administrator. To have an appeal considered, the accused student or student organization must submit a written petition for appeal to University Judiciaries. The appeal process is a written one; you do not appear in person. Appeals are due to University Judiciaries within three business days after receipt of the letter detailing the decision of the case. Upon reasonable request, the three business day deadline may be extended by the director of University Judiciaries.

Procedures governing appeals boards are very specific. Appeal boards meet in closed session and are limited to deciding whether or not a disciplinary decision was reasonable in light of a written argument known as a petition for appeal. The responsibility for proving the appeal rests with the accused student or student organization.

Grounds for Appeal

The Ohio University Student Code of Conduct offers three reasons for filing appeals. These reasons, known as grounds, are:

• Inappropriate sanction
• Procedural defect
• Presence of new evidence

Appeals may be based on either one or all of these grounds.

Inappropriate Sanction

If you believe a sanction was too severe, you may file an appeal on the basis of inappropriate sanction. To be successful on this ground, you must convince an appeal board of a clear abuse of discretion on the part of the hearing authority that imposed the sanction in your case.

In considering appeals for inappropriate sanction, appeal board members are trained to determine from the written appeal under consideration whether it is more likely than not that the hearing authority clearly abused its discretion in imposing the sanction. If at least two of the three members of the appeal board are convinced of a clear abuse of discretion, the appeal is granted and the sanction changed. If a clear abuse of discretion is not proven, the appeal board leaves the original sanction unchanged.

Procedural Defect

If you believe an incorrect decision was made because information at your hearing was not weighed appropriately or because hearing procedures were not properly followed, you may appeal on the basis of procedural defect.

In reviewing appeals for procedural defect, appeal boards seek to determine whether the defect in procedure was sufficiently substantial to have changed the outcome of the hearing in a significant manner. If so, a new hearing will be scheduled to re-hear the case.

Presence of New Evidence

Perhaps you feel the wrong decision about a violation was reached because important information was not presented for consideration at a hearing. In such a case, you may file an appeal due to the presence of new evidence.

With appeals based on new evidence, appeal boards seek to determine whether or not the new evidence presented in the appeal is such that it would have changed the outcome of the original hearing. If so, a new hearing will be scheduled to re-hear the case.

Vice Presidential Review

If your appeal is denied by the appeal board, the final level of appeal is to the Vice President of Student Affairs of Ohio University. This is not a guaranteed right of appeal,  as the vice president may or may not elect to review a decision.

Requests to the vice president to review a decision may be filed for inappropriate sanction, procedural defect, and/or presence of new evidence as detailed above.

Tips for Filing Appeals

Although there is no way to guarantee a successful appeal, there are some things you can do to make your case for an appeal stronger. Here are some suggestions:

Be sure to file your appeal with University Judiciaries within three business days of written notice of the decision. If you need more time, request an extension from the director of University Judiciaries before the three business days deadline.

 

Be as specific as possible and leave nothing to chance or interpretation. Keep in mind that the appeal board meets in closed session and that there will not be a chance to answer questions that the appeal board may have when considering the appeal.

 

For procedural defect, be sure to clearly identify the defect. Also, be sure to present how the defect was sufficiently substantial to have changed the outcome of the hearing in a significant manner.

 

For new evidence, make sure to show that if the evidence had been present during the original hearing, it would have changed the outcome of that hearing.

 

For inappropriate sanction, be sure to detail how the hearing authority clearly abused its discretion in imposing a sanction.

 

Include all information you believe is relevant. If you are unsure about whether to include something in your appeal, include it.

 

Get feedback. Have others read your appeal, get their opinions, and see if they understand the points you raise. You may wish to contact Student Defending Students at (740) 593-4045

 

Consult with staff in University Judiciaries. Remember, the university's commitment is for a fair process.  An appeal form can be obtained from the office of University Judiciaries.  

Statement on Sexual Assault

Sexual assault is defined as any attempted or actual unwanted sexual behavior. Sexual assault occurs along a continuum of intrusion and violation ranging from unwanted sexual comments to forced sexual intercourse. Sexual intrusions and violations of any degree are serious offenses and compromise the integrity of the university community. All forms of sexual assault are violations of the A-4 (Mental or Bodily Harm to Others) provision of the Ohio University Student Code of Conduct. Students found in violation of this provision are subject to a range of disciplinary sanctions including disciplinary expulsion from Ohio University. In cases of sexual assault, both the accused student and the complainant have rights which are observed through the university judicial process. These rights are contained in their entirety in the Ohio University Student Code of Conduct.

Ohio University is committed to creating an environment free from the threat of sexual assault, while actively responding to the needs of those affected by sexual assault. Consistent with this commitment, Ohio University has created a sexual assault education and prevention program which serves as the primary source for information, advocacy, and referral. Through this program and other departments on campus, Ohio University provides educational workshops and materials, prevention programs, and advocacy. Students affected by sexual assault may also seek assistance through this program in negotiating housing and academic accommodations.

Members of the Ohio University community who have been sexually assaulted are strongly encouraged to talk with a counselor, report the assault to the Ohio University Police Department, and obtain medical assistance.

Counseling services are available for students through the Sexual Assault Education and Prevention Program and Counseling and Psychological Services. All services are free.

Survivors are advised to report the assault to the Ohio University Police Department as soon as possible after the incident. Thus, evidence which might otherwise be lost after time has elapsed can be collected. All reports of sexual assault are confidential. Reporting sexual assault to OUPD in no way compels an individual to pursue a specific course of action. However, reporting does enable an individual to be apprised of the medical, emotional, legal, and university judicial options for dealing with the assault.

Medical attention is important for two reasons:

• Testing and/or medical treatment of sexually transmitted diseases, pregnancy, or physical injuries.
• Evidence collection.

Statement on Hate Motivated Offenses

Ohio University defines hate-motivated offenses as conduct (harassment or physical acts) directed at an individual(s) on the basis of age, race, ethnicity, gender, sexual orientation, religion, or disability with intention to intimidate or injure an individual(s), physically, mentally, or emotionally. Hate-motivated offenses compromise the integrity of the Ohio University community and may constitute violations of the A-4 (Mental or Bodily Harm to Others) and A-5 (Discrimination) provisions of the Ohio University Student Code of Conduct. Students found responsible for such violations are subject to a range of disciplinary sanctions including disciplinary expulsion from Ohio University. University Judiciaries may impose harsher sanctions when behavior is proven to be motivated by hate. As in all cases of misconduct, including hate-motivated offenses, both the accused student and the complainant have rights that are observed throughout the university judicial process. These rights are contained in their entirety in the Ohio University Student Code of Conduct.

Ohio University seeks to foster a safe environment conducive to learning and the free exchange of ideas. As such, Ohio University does not limit constitutionally protected speech. Ohio University, however, is steadfast in its intolerance for hateful behavior that is directed at an individual(s) with the motivation of causing harm. This position is a constitutionally permitted exercise of the university's authority to educate and discipline its students.

Members of the Ohio University community affected by hate-motivated offenses are strongly encouraged to report the incident. Such offenses can be reported to a variety of offices on campus including: University Judiciaries, Residence Life, Ohio University Police, Counseling and Psychological Services, Health Education and Wellness, the LGBT Office, Multicultural Programs Office, the Dean of Students Office, Institutional Equity, and International Student and Faculty Services. Reporting hate-motivated offenses does not in itself constitute a formal complaint nor compel one to file a formal complaint of misconduct.

Statement on Hazing

Ohio University maintains the autonomy of campus organizations within the constraints of the established rules and regulations as outlined in the Student Code of Conduct, the Student Handbook and the Student Organization Guide. Initiation into campus organizations and other activities undertaken by such organizations or individuals must be consistent with the stated purposes of the organization and the educational mission of Ohio University. Any activities that may be construed as hazing are specifically and unequivocally prohibited.

The Student Code of Conduct defines hazing as a Code A Offense as stipulated under Section A4 (Mental or Bodily Harm to Others). Violation of a Code A Offense may result in sanctions of suspension or expulsion of the individual or organization from the university.

When a campus organization and/or individual is found to be involved in a possible hazing activity, the university shall initiate disciplinary action. Such action shall be conducted in compliance with conduct proceedings as outlined in the Student Code of Conduct. Organizations and/or individuals found in violation of the Student Code of Conduct shall be subject to the range of sanctions available to the university as outlined in the Student Code of Conduct.

For further information about hazing, contact:
Campus Life,
355 Baker University Center
T: (740) 593-4025

or the

Univerisity Judiciaries,
349 Baker Univeristy Center
T: (740) 593-2629.