How to Prepare for a Hearing/Conference: A Student’s Guide to the Resident Life Judicial Process

Read this carefully. It is designed to help you prepare for your hearing/conference.

You were referred to the Office of Rights & Responsibilities for violations of Residence Hall Rules and the Code of Student Conduct.

You have had your Preliminary Interview (PI) during which a list of charges were given to you and explained. During the PI, you were also informed of how your case will be resolved—in a judicial board hearing or in a disciplinary conference.

You will receive this notice at least 3 days prior to your conference and 5 days prior to your hearing. If you failed to attend your PI, the conference/hearing will automatically be scheduled following the above-mentioned guidelines for notification.

Before the Hearing/Conference
Before the hearing/conference, you should do the following:

1. Make sure you understand the charges against you.

2. Review the “Residence Hall Rules” and “Adjudication Process” in Community Living.

3. Read each charge and make note of how it applies to your case.

4. Consider your options for counsel. You are permitted to bring a private lawyer to act as legal counsel, a representative from the Undergraduate Student Legal Aid Office on campus. A friend or relative may also act as personal counsel for you.

5. Be Prepared! Prepare your portion of the hearing/conference as thoroughly as possible.

6. Prepare your witnesses for the hearing/conference

7. After reviewing the Resident Life and University sanctions (also listed in Community Living), be prepared to recommend appropriate sanctions along with a rationale for your recommendation, should you be found responsible.

Preparing your Portion of the Hearing /Conference
Before the hearing/conference, gather as much information as you can on your case. Such information would include dates, times, places, names of those involved, and anything else you think would be important to the outcome of your case.

It is also important to keep in mind that if you are found responsible for some/all of the charges, you will be asked to make a recommendation for sanctioning.

Preparing your Witnesses
You may call witnesses to provide the board with facts relevant to your case. Keep in mind—witness testimony should be relevant and not redundant.

It is your responsibility to see that your witnesses attend the conference hearing; however, if they are unable to attend, you may choose to have them write and sign a written statement to be presented at the hearing/conference.

Note: To add authenticity to this statement, we recommend, whenever possible, that your Resident Director or Community Director see your witnesses sign their testimony.

Hearings vs. Conferences
Cases which could result in termination from housing and suspension or expulsion from the University, will normally be sent to a Judicial Board Hearing.

Cases which could result in termination from housing and a University sanction less than suspension will normally be sent to a Disciplinary Conference.

APPEALS ARE GRANTED ONLY FOR THOSE CASES THAT ARE RESOLVED IN A HEARING.

FERPA: Disciplinary proceedings conducted by the university are subject to the Family Educational Rights and Privacy Act.

Under FERPA, a student’s disciplinary record may not be released or disclosed without expressed written permission of the student whose disciplinary record is being sought unless provided by law.

Exceptions: university officials have a legitimate educational interest; victim/s of an alleged crime of violence or of an alleged sexual assault so warrant; and when parents of a student who can provide written documentation that the student is financially dependent. .

The Judicial Board Hearing
A hearing panel consists of three to four voting members and a non-voting presiding officer (the PO will only vote in the event of a tie). Typically, board members and POs are undergraduate students. There is also an advisor for each board who is either a graduate assistant or a Resident Director.

What Happens in a Hearing?
1. Each person states his/her name and role in the hearing. You will state your name and say that you are the “respondent.”

2. The PO reads an honesty statement which you; your witnesses, character references, and any other students present sign.

3. All witnesses and character references are excused.

4. The charges against you are read, and you are asked to plead responsible or not responsible for each charge. If you have any doubt about the applicability of a charge, plead not responsible.

5. If you plead not responsible to any of the charges you and the complainant (the presenter of the University’s case) will each present a case:

a. The complainant will make an opening statement. An opening statement summarizes what one intends to prove or disprove during the proceeding.

b. You (the respondent) will make an opening statement. Remember that an opening statement is not the time when you present information, but rather an opportunity to explain to the board what information you will provide during the hearing.

c. The complainant will give a narrative account of what happened. You will give a narrative account of what happened.

d. The complainant will present witnesses.

e. You will present witnesses. You are not permitted to interrupt the complainant or his/her witnesses while they are speaking.

f. You, the complainant, and the Board will each have opportunities to question witnesses at designated times. While you and other witnesses are testifying, all board members, including the P.O. will be asking questions. These questions are not meant to be accusatory or to be biased in any way, but are used as tools to elicit as clear a picture as possible for the Board to determine a finding for your case. Remember that a negative inference can be made on any question you choose not to answer.

6. You will then make a closing statement.

7. The complainant will then make a closing statement. The complainant goes last since he/she carries the “burden of proof.” The complainant must show by clear and convincing evidence that you are responsible for the charges brought against you.

8. The Board dismisses everyone and deliberates over the charges.

9. When a decision is reached, you, your counsel, and the complainant are brought back into the hearing room.

10. If you are found not responsible for all charges, the hearing is concluded. You will receive a letter saying that you were found not responsible of all charges. If you are found responsible for any of the charges, a sanction hearing follows.

The Sanction Hearing
1. Your blind file, which includes your past disciplinary history (if any), is opened.

2. You are given the opportunity to explain anything that was revealed in your blind file.

3. You present up to two character references.

4. The complainant states his/her sanction recommendation and rationale.

5. You present your sanction recommendation and rationale.

6. Everyone is dismissed and free to leave.

Final Sanctions
Once the Board makes a decision regarding recommended sanctions, a report of your case is completed by the PO and presented to the Coordinator for Rights & Responsibilities. He/she then reviews the report and sends it to your Community Director and the Coordinator of Rights and Responsibilities.
The final decision on your housing status rests with your Community Director. The Coordinator of Rights and Responsibilities makes the final decision on your student status. You should receive your sanction letters within 10 days to 2 weeks after your hearing/conference.

The Disciplinary Conference
A conference and a hearing are procedurally very similar. However, a conference is generally less formal than a hearing. The conference is presided over by the Coordinator for Rights & Responsibilities or his/her designee. The conference proceeds as a hearing with fact finding, determination of responsibility, and then if necessary, a sanctioning process.

If you desire, you may waive your right to three days notice and have your conference held immediately following your preliminary interview.

The most significant way conferences differ from hearings is that appeals are granted only for those cases which are resolved in hearings.

The Appeal Process
A hearing will produce two results: a finding of responsibility and, if you are found responsible, then a sanction. There are two types of sanctions the Resident Life Judicial Board can issue, and for that reason, there are two separate Appeal processes.

DRL Administrative Sanctions: These are sanctions that affect your housing status on campus. They can range from probation to termination of the housing agreement.

WHO: Decisions regarding findings of fact or sanctions must be addressed to the Director of Resident Life. They will be decided by her or her designee.

WHEN: Appeals must be submitted in writing to your Community Director within three business days of the date on the sanctioning letter you receive from your Community Director.

University Disciplinary Sanctions: These are sanctions that affect your status as a student on campus. They can range from a disciplinary reprimand to expulsion from the University.

WHO: Appeals of Resident Life Judicial Board decisions regarding violations of the Code of Conduct and associated University disciplinary sanctions or findings of fact should be addressed to the Director of Student Discipline and will be reviewed by a student appellate board or the Senate Committee on Student Conduct.

WHEN: A request of appeal must be submitted, in writing, to the Office of Student Conduct (2118 Mitchell Bldg.) within seven business days of the date on the letter notifying the student of the sanction imposed (see Code of Student Conduct, paragraphs 40-47).

HOW: A written brief—a detailed, point-by-point report of the issues you want to bring to the appellate boards attention—must be submitted to the OSC within ten business days from the date on that same letter.

Please note that a brief can be as long as you want it to be, as long as it is clear and organized. If you need help writing this brief, Student Defenders in the Undergraduate Student Legal Aid Office can assist you with this matter for free. You can request a copy of your hearing on a CD from the Rights & Responsibilities office by coming in and filling out a form.

From here your appeal will be forwarded to the campus advocate who will represent the University and write a response to the issues raised in your appeal. Then, all documents concerning this case (your appeal, the case adjudication report, and relevant supporting documentation) will be given to the appeal committee for review.

There are four actions the appellate board can take:

1. Dismiss the case, if the hearing panel’s decision is determined to have been “arbitrary and capricious.

2. Order a new hearing if there were errors in either procedures or interpretation of University policies.

3. Lessen the sanction if it is determined they are “grossly disproportionate” to the offense.

4. Uphold all decisions made by the original board.

Decisions by the Senate Committee on Student Conduct (those involving suspension or expulsion) shall be recommendations to the Vice President of Student Affairs, and decisions by the Appellate Board (those of all other sanctions) are considered recommendations to the Director of Rights and Responsibilities. Expulsions must be approved by the President of the University.

Questions on appeal procedures may be directed to the student’s Community Office, the Office of Student Conduct or to the Rights and Responsibilities Coordinator.

Failure to appeal within the allotted time will render the original decision final and conclusive.

Other Important Points (FAQs)
Q: What happens if I forget to attend my hearing/conference?
A: If you fail to attend your hearing/conference, a plea of responsible will be entered on your behalf.

Q: What time should I get to the office? What should I wear?
A: We recommend arriving five to ten minutes before your hearing/conference and wearing neat, presentable clothing.

Q: What happens if I don’t want to answer a question?
A: Remember, this is not a criminal prosecution. If you remain silent during your hearing or conference, a negative inference may be made.

Q: How many character references should I bring?
A: You may have up to two (2) character references.

Q: This sounds pretty serious. Is there anyone who can help me with this?
A: This is a serious matter. You should treat it as such. If you plan to utilize the Undergraduate Student Legal Aid Office, please visit them immediately after receiving your referral letter or after your preliminary interview. The more time they have to help you prepare, the better.

Q: Can a witness be a character reference for me?
A: Witnesses cannot serve as character references and character references cannot serve as witnesses.

Q: If my housing was terminated, would I still have to pay to live on campus for the entire year?
A: If your housing was terminated as a disciplinary sanction, you may have to incur certain costs depending on when the termination took place. For further information on this please refer to this link. You may also want to speak directly with our Assignments and Public Inquiry office at 301-314-2100 or email reslife@umd.edu.