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Message: [QUOTE="GoSU96, post: 4698739, member: 114"] More insanity, [B]5.3 [/B]The standard of proof applied within the University Student Conduct System is a preponderance of the evidence, which requires a demonstration that it is “more likely than not” that the respondent has violated the Code of Student Conduct. How based on the record can the finder of fact determine Allen was responsible for significant injuries. [B]9.2[/B] The order of the formal hearing is typically as follows: a. introductions and reading of the complaint/appeal by the chairperson or hearing officer; b.reading of the charges against the respondent, and the respondent’s response to these charges; c. opening statements; d. presentation of testimony/information/witnesses by the complainant; e. presentation of testimony/information/witnesses by the respondent; . closing statement by the complainant; g. closing statement by the respondent. At the conclusion of the hearing, the University Conduct Board or administrative hearing officer begins deliberations regarding responsibility. If a finding of responsibility is made, deliberations continue regarding sanctions. In appropriate circumstances, the order of presentation at the hearing may be changed. ——- Uh, what evidence was presented to support a preponderance standard without the participation of the complainant? And you can have an attorney participate as an advisor if there are related criminal charges. And you aren’t compelled to participate in an interview. Don’t do it. ———— Also, [B]9.6[/B] All parties are expected to appear at the hearing. If either party fails to appear at the hearing, the Hearing Board may proceed with the hearing or reschedule the hearing. In cases in which either party is unable to appear, alternative means for participation may be made available. What a farce. There is no indication reading the policy that you need to include the complainant as a witness. [/QUOTE]

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