Student Handbook

3.6.5 - LEVEL ONE HEARINGS

3.6.5.1 - Matters Heard at Level One

Level One Hearings are matters considered to be significant violations of the Code of Student Conduct. For example, matters involving repeat offenders of the same or similar violations are examples of cases that are likely to be heard in a Level One Hearing. As described more fully below, information is collected in advance and is presented in an impartial manner to the Hearing Officer or Hearing Panel. Level One Hearing Officers and Hearing Panels will make decisions regarding responsibility based on the information presented at the hearing and will make recommendations of sanctions, if any, to the Dean of Students or designee based upon that information, as well as prior student conduct violations for which the student was found responsible. Level One Hearing Officer and Hearing Panels have sanctioning authority up to and including suspension and expulsion from the University.

3.6.5.2 - Notice of Charges for Level One Hearings

A student charged with a violation of the Standards of Student Conduct (the "Responding Party") that has not already been resolved by the Alternate Resolution Process will be sent a charge letter by the Dean of Students or a Level One Hearing Officer to the student's Xavier email account.

(1) Content of Charge Letter for Level One Hearings

Generally, a charge letter will inform the Responding Party of the Standards of Student Conduct sections allegedly violated; reference the Student Handbook section that contains information about possible sanctions; direct the student to information about the Student Conduct Process; and provide notice that the student may accept responsibility for the alleged violation(s) of the Standards of Student Conduct and accept the benchmark or other appropriate sanctions for the alleged violation as determined by the Dean of Students or designee. Notification of the date, time and location of a hearing will typically be included in the charge letter or may be provided to the Responding Party at a later time.

(2) Reporting Party Involvement in Level One Hearings

Many violations of the Standards of Student Conduct that call for a Level One Hearing personally adversely affect the person who made the complaint leading to a charge. Such a person is given the option to act as a Reporting Party within the Student Conduct Process. To ensure that the charges are consistent with the Reporting Party's complaint, the Dean of Students may review the charges with the Reporting Party for completeness and accuracy before sending the charge letter to the Responding Party, but the final decision as to the contents of the charge letter shall be made solely by the Dean of Students.

3.6.5.3 - Level One Hearing Officers and Hearing Panels

Whether a particular matter will be heard by a Hearing Officer or Hearing Panel will be determined at the sole discretion of the Dean of Students or designee. Level One Hearing Officers and Hearing Panels will be selected from a pool of faculty members, administrators, and students who receive annual training (the "Level One Pool"). Only faculty and administrators may serve as Hearing Officers. Hearing Panels will consist of no less than three individuals, and will generally be comprised of two faculty or staff members, and one student.

3.6.5.4 - Identification, Collection, Dissemination and Presentation of Information

In matters to be heard by a Level One Hearing Panel, the Dean of Students is responsible for identifying, collecting and disseminating information to be presented at the hearing to the Hearing Panel in accordance with these procedures. At the hearing, a member of the Hearing Panel will facilitate all proceedings and at the conclusion of the hearing will facilitate the Hearing Panel's deliberations.

3.6.5.5 - Timing of Level One Hearings

(1) A Level One Hearing will be scheduled no sooner than five business days after the charge letter is sent to the Responding Party. At least five business days before a Level One Hearing, the Responding Party and the Reporting Party (if any) will be notified of the date, time and location of the hearing and will be provided with all documents to be presented to the Hearing Officer or Hearing Panel. FERPA-protected information may be redacted. Each party will have two business days after Responding Party and Reporting Party are notified of the date, time and location of the hearing to notify the Dean of Students of a need to change the date or time of the hearing. Changes to date and time will only be granted for good cause, as determined in the sole discretion of the Dean of Students. The parties will be notified in writing of any change to the date, time or location at least two business days before the originally- scheduled hearing date.

(2) At least five business days before the hearing, Responding Party and Reporting Party, if any, will be notified of the name of the Hearing Officer or the names of Hearing Panel members. Responding Party and Reporting Party, if any, have two business days after notice of the name of the Hearing Officer or names of Hearing Panel Members is sent to object to the Hearing Officer or any Hearing Panel member in writing to the Dean of Students. The objection must state why it is believed a particular individual or individuals cannot be fair and impartial. Upon receipt of such objection, the Dean of Students or designee will replace an objected-to individual only if, in their judgment, it is determined that the objected to individual, may not be fair and impartial in considering the matter. The parties will be notified in writing of any change of the Hearing Officer or to the Hearing Panel at least two business days before the hearing.

(3) At least two business days before the hearing, the Responding Party and Reporting Party, if any, must submit to the Dean of Students any documents or other materials they want considered in the hearing, as well as a written list of witnesses they want to present information at the hearing.

(4) At least 24 hours before the hearing, the Responding Party and Reporting Party, if any, will each be given a list of all witnesses who will be called at the hearing, including witnesses submitted by the Responding Party, the Reporting Party and Xavier.

"Business days" means any day that is not a weekend, University break period or a national holiday.

3.6.5.6 - Level One Hearings Procedures

A Level One Hearing will be conducted according to the following procedures:

(1) The hearing will be closed to everyone except those persons specifically provided for in this process or persons whose presence at the hearing is authorized in advance by the Hearing Officer or Dean of Students (in cases heard by a Hearing Panel).

(2) There will be no representation by legal counsel in the hearing. (In matters involving allegations of Interpersonal Violence, Reporting Parties and Responding Parties have the opportunity to be accompanied to any related meeting or proceeding by the advisor of their choice. The Advisor may help a Reporting Party or Responding Party prepare their position but may not present it or speak for or on behalf of the Reporting or Responding Party at the meeting or proceeding.

(3) A scheduled hearing may proceed in the absence of a Responding Party, a Reporting Party, or any other individual who fails to appear. An absence will not be considered grounds for an appeal.

(4) At the beginning of the hearing, the Responding Party and Reporting Party will each be advised of their rights. The Reporting Party, the Responding Party, and the Hearing Officer or Hearing Panel will be provided the opportunity to ask relevant questions about the materials and information presented.

(5) At the conclusion of the hearing, the Hearing Officer or Hearing Panel shall confidentially consider all of the materials and information available at the hearing to formulate a decision on the issue of responsibility. Except in exigent circumstances, the decision should be made within five business days of the conclusion of the hearing.

(6) If a student is found to be responsible, the Dean of Students shall then provide the Hearing Officer or Hearing Panel with records reflecting any prior student conduct violations for which the Responding Party was previously found responsible, which information may be considered by the Hearing Officer or Hearing Panel in recommending a sanction.

(7) If a Responding Party is found responsible, the Hearing Officer or Hearing Panel will recommend sanctions to the Dean of Students, who will assess the sanction(s) they deem appropriate; provided, however, in cases involving any charge of Interpersonal Violence, the Dean of Students will act only after confirming with the University's Title IX and Interpersonal Violence Response Office that the proposed sanction and any remedies imposed are sufficient to remedy the discrimination. If the sanction ultimately imposed varies from the recommendation of the Hearing Officer or Hearing Panel, the Dean of Students will include the reasons for such variance in the notices provided to the Reporting Party or other victim and the Responding Party as required by this Handbook. Further, it is understood that ultimate oversight authority and coordination of compliance with Xavier’s Interpersonal Violence policies rests in the University's Title IX and Interpersonal Response Coordinator who may, in addition to any sanction imposed, take steps to remedy the effects of the conduct and to prevent its recurrence (which may include, but not be limited to, those described in Section 3.3, "Interim Measures for an Individual and/or Campus Community").

(8) Written notice of the outcome of the hearing, the sanction imposed, if any, and information about requesting an appeal will normally be provided to the Responding Party within five business days of the conclusion of the hearing. Note that in cases involving multiple Responding Parties, outcomes will be delivered within 5 business days of the last scheduled hearing for the case. In charges involving Interpersonal Violence, notice of the outcome of the hearing with respect to that alleged violation will be issued to the Reporting Party or other victim at the same time notice is issued to the Responding Party. For more information, see Section 3.6.3.2 ("Required Disclosures") of this Handbook.

(9) Level One Hearing Panel proceedings will be audio recorded and the recording shall be maintained as part of the record maintained for the particular Student Conduct Hearing.

3.6.5.7 - Request for an Appeal From a Level One Hearing

The request for an appeal from a decision of a Level One Hearing Officer or Hearing Panel will be to the University Appeal Board ("Level One Appeal Panel"). In certain situations, it may become difficult, impractical or impossible for the University Appeal Board to review a case. In these circumstances, the appeal will be reviewed by an appointed designee. See Section 3.6.7 ("Appeals") of this handbook.