Student Handbook

3.6.6 - LEVEL TWO HEARINGS

3.6.6.1 - Matters Heard at Level Two

Matters not heard as a Level One Hearing will be heard as a Level Two Hearing. Level Two Hearing Officers and Hearing Panels will make decisions regarding responsibility based on the information presented at the hearing. Hearing Officers will assess sanctions, if any, based upon that information, as well as prior student conduct violations for which the student was found responsible. Hearing Panels will make recommendations of sanctions, if any, to the assigned Student Affairs Administrator based upon the information presented at the hearing, as well as prior student conduct violations for which the student was found responsible. If a Hearing Officer or Hearing Panel believes probation, suspension or expulsion is appropriate, the Hearing Officer or Hearing Panel shall make their recommendation of sanctions to the Dean of Students, who will assess the sanction(s) they deem appropriate.

3.6.6.2 - Notice of Charges for Level Two 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 designee to the student's Xavier email account.

(1) Content of Charge Letter for Level Two 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 sanctions for the alleged violation as determined by the Dean of Students or designee writing the charge letter. Notification of the date, time and location of a hearing will also be included in the charge letter.

(2) Reporting Party Involvement in Level Two Hearings

Some violations of the Standards of Student Conduct that call for a Level Two 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. The Dean of Students or designee writing the charge letter may or may not review the charges with the Reporting Party for completeness and accuracy before sending the charge letter to the Responding Party. This decision is within the sole discretion of the author of the charge letter.

3.6.6.3 - Level Two Hearing Officers and Hearing Panels

Whether a particular matter will be heard by a Hearing Officer or Hearing Panel will be at the sole discretion of the Dean of Students or designee. Level Two Hearing Officers will be Student Affairs Administrators selected from a pool of employees from the Student Affairs Division who have been appointed for this purpose. Level Two Hearing Panels will be selected from a pool of students who have been selected by the Office of Residence Life in consultation with the Dean of Students to serve a one-year term. Students may be reappointed on an annual basis. Hearing Panels will consist of no less than four students, and will be assisted by a Student Affairs Administrator who will be appointed from the pool of Level Two Hearing Officers. The assigned Student Affairs Administrator will not vote except in cases of a tie.

3.6.6.4 - Identification, Collection, Dissemination and Representation of Information

In matters to be heard by a Level Two Hearing Officer or Hearing Panel, the Hearing Officer or assigned Student Affairs Administrator advising the Hearing Panel is responsible for identifying, collecting, disseminating and presenting the evidence at the hearing. During Level Two Hearing Panel hearings, the assigned Student Affairs Administrator will be present during the hearing, and will facilitate the deliberations, but shall not act as a witness nor offer an opinion on the issue of responsibility. The assigned Student Affairs Administrator may answer questions about the source of the materials presented and may provide information about policy interpretation and

3.6.6.5 - Level Two Timing

(1) A Level Two Hearing will be scheduled no sooner than three business days after the charge letter is sent to the Responding Party. "Business day" means any day that is not a weekend, national holiday or University break period. The Responding Party (and the Reporting Party, if any) will be notified in writing of the date, time and location of the hearing at least 3 business days before the hearing is scheduled to begin. Each party will have until 24 hours before the scheduled time for the hearing to notify the Dean of Students or designee, 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 to Students or designee. The parties will be notified of any change to the date, time or location as soon as reasonably possible.

(2) Usually, the Responding Party (and Reporting Party, if any) will be given a list of all witnesses Xavier will call upon to present information at the hearing and copies of all documents to be presented to the Hearing Officer or Hearing Panel at least 48 hours before the hearing. FERPA-protected information may be redacted. The Responding Party (and Reporting Party, if any) may provide all documents or other materials for the Hearing Officer or Hearing Panel's consideration up to the time of the start of the hearing. No information, documents or other materials may be presented for the Hearing Officer or Hearing Panel's consideration after the hearing. The Responding Party (and Reporting Party, if any) must submit their list of witnesses at least 24 hours before the start of the hearing. The Dean of Students or designee has the sole discretion to determine whether any irrelevant or cumulative witness statements may be excluded.

3.6.6.6 - Level Two Procedures

A Level Two 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 (in cases heard by a Hearing Officer) or the assigned Student Affairs Administrator (in cases heard by a Hearing Panel). Advisors, as described in Sections 3.6.2.2(6) ("Rights of the Responding Party") and 3.6.2.3(4) ("Rights of the Reporting Party") will only be allowed at the discretion of the Hearing Officer or Student Affairs Administrator. If Advisors are allowed, they will be allowed for both the Reporting Party and Responding Party.

There will be no representation by legal counsel in the hearing. See Section 1.3.5.6 ("Independent Legal Counsel").

(2) 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.

(3) At the beginning of the hearing, the Responding Party and Reporting Party will each be advised of their rights.

(4) 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.

(5) If a student is found to be responsible, the Hearing Officer or Hearing Panel will be provided 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 determining a sanction.

(6) If a Responding Party is found responsible by a Hearing Officer, the Hearing Officer will assess the sanction(s). If a Responding Party is found responsible by a Hearing Panel, the Hearing Panel will recommend sanctions to the Dean of Students, the Director of Residence Life, or designee, who will assess the sanction(s). If a Responding Party is found responsible by either a Hearing Officer or Hearing Panel and the Hearing Officer or Hearing Panel believes that University Probation, suspension or expulsion is the appropriate sanction, the Hearing Officer or Hearing Panel will recommend the sanction to the Dean of Students, who will assess the sanction(s).

(7) Written notice of the outcome of the hearing, and information about requesting an appeal, will normally be provided to the Responding Party within five business days of the last scheduled hearing in the case. A Reporting Party or other victim is only notified of the outcome of a hearing in matters involving a crime of violence or a non-forcible sex offense (including, but not limited to, Sexual Harassment, Non-Consensual Sexual Contact, Non-Consensual Sexual Intercourse, Stalking, Domestic Violence, Dating Violence, Other Gender-Based and Sexual Misconduct, and Retaliation), which matters are not typically handled at the Level Two Hearing Level.

3.6.6.7 - Request for an Appeal from a Level Two Hearing

Requests for an appeal from a decision of a Level Two Hearing Officer or Hearing Panel are to the Director of Student Integrity or designee. In matters where the Dean of Students has accepted the recommendation of, suspension or expulsion from the Level Two Hearing Officer or Hearing Panel, requests for an appeal of that decision shall be to the University Appeal Board. In certain situations, it may become difficult, impractical or impossible for the University Appeal Board to review these cases. In these circumstances, the appeal will be reviewed by an appointed designee. See Section 3.6.7 ("Appeals") of this handbook.

3.6.6.8 - Club Sports Council Conduct Review Board

The Club Sports Council is a governing body comprised of one student representing each sport club. In the event of unsportsmanlike conduct, behavior unbecoming of a sport club member, or other incidents related to club sport policy infractions, the Club Sports Council is the Hearing Panel designated by the Dean of Students to hear the case. Specific responsibility for the hearing is given to the Club Sports Conduct Review Board as advised by the Assistant Director of Recreational Sports or designee.

(1) Club Sports Conduct Review Board (CSCRB)
This board is elected by the CSC body and is comprised of the President, Vice President, Secretary, and Treasurer. The Assistant Director of Recreational Sports will select four additional members of the CSC to join the CSCRB, bringing the group to a total of eight.

(2) Responsibility of the CSCRB
Should incidents of unsportsmanlike conduct, behavior unbecoming of a sport club member or other incidents related to club sport policy infractions occur, this peer review team may serve as the Level Two Hearing Panel. The Assistant Director of Recreational Sports, or designee, facilitates the process. The Club Sports Conduct Review Board will make recommendations to the Dean of Students regarding sanctions, up to and including, club sport probation, freezing of budgets, suspension, or expulsion of an individual or team from the club sports participation. The CSCRB may also recommend to the Dean of Students that additional University sanctions be taken against any individual or club sport organization based on the severity of the incident. Review of a request for an appeal is determined by the Dean of Students or designee.

Incidents that involve violations of the Code of Student Conduct will be heard according to the guidelines and procedures established in Sections 3.6.5 ("Level One Hearings") and 3.6.6 ("Level Two Hearings"). Whether a particular matter will be heard by a CSCRB or another Hearing Officer or Hearing Panel will be at the sole discretion of the Dean of Students or designee.

(3) Advisor
The Assistant Director of Recreational Sports will act as the advisor to the Club Sport Council as well as the Club Sports Conduct Review Board. The advisor will research incidents and report the finding of facts to the CSCRB.
This same information will be documented and sent to the complaint and a hearing will then be held.

(4) Hearing
The hearing will be conducted in accordance with the procedures outlined in Section 3.6.6.6 ("Level Two Procedures").