Student Affairs : Judicial Affairs : Students : Student Judicial Process

Student Conduct Process

STUDENT VIOLATIONS OF THE STUDENT CONDUCT CODE

INFORMAL CONFERENCE:

• The Office of Student Conduct & Ethical Development receives a report of a student’s alleged misconduct.
• The Office of Student Conduct & Ethical Development conducts an investigation and, if warranted, a “come in” letter is sent to the student.
• The conduct officer meets with the student to discuss the allegations of misconduct, informs the student about the student conduct process, and about their rights and responsibilities.
• At the conclusion of the informal conference, the student will be issued a sanction.  It is the student’s right to accept or reject the sanction.
• If the student accepts the sanction, the case is then closed unless the student has to complete an assigned sanction: community service, letters of apology, reflective papers and or paying restitution.  The case will be closed at the time of completion of the assigned sanction.
• If a student does not wish to accept the sanction being offered at the informal conference, the student then chooses a formal hearing.

FORMAL HEARING:

• Student has had an informal conference with a conduct officer and a sanction was issued.  The student has rejected the sanction and requests a formal hearing.
• At the end of the informal conference, the conduct officer will go through the formal hearing procedures with the student and the student will receive a formal hearing process brochure.
• The student will receive the hearing notice at least ten days prior to the hearing through certified mail.  The student will have to sign for the notice.

   Procedures

• The formal hearing is audio taped.
• The hearing is closed to the public.  The only attendees allowed in the hearing are: the student, the students’ advisor, the conduct officer, the conduct officers’ advisor, the hearing officer, any witnesses while testifying and the appointed record keeper.
• Three days prior to the formal hearing the student may pick-up or drop-off evidence to the Office of Student Conduct & Ethical Development.
• The student must drop off a list of their witnesses three days prior to the hearing.

   Hearing Officers’ Role

• Formal hearings are conducted by a hearing officer who is either a staff or faculty member selected by the President of San José State University.
• The hearing officer will rule on all conduct in the hearing as well as what evidence and witnesses will be admitted.
• The hearing officer is responsible for maintaining order, and may establish such rules when needed or appropriate in order to conduct a fair hearing.
• The hearing officer will not allow anyone to be subjected to abusive behavior.
• The hearing officer may eject or exclude anyone who refuses to be orderly.

   Conduct Officer’s Role

• To prove that the student has violated the student conduct code by presenting evidence and bringing in witnesses.    

   Student 

• The student may have an advisor who is not a lawyer (please refer to Executive Order 970 ).
• The student will be able to cross examine witnesses brought in by the conduct officer.
• The student will be able to provide testimony on his/her behalf but should be aware by doing so they will then be subject to cross examination by the coduct officer and questioned by the hearing officer.

   Witnesses

• The student and the conduct officer will have the opportunity to question each witness.

   Final Outcome

• Once the formal hearing is completed the hearing officer has ten working days to send a written report to the Associate Vice President for Student Affairs for final sanctioning.
• The Associate Vice President for Student Affairs shall render a decision within five working days of receiving the hearing officer’s report.
• The student may request a copy of the final report through the Office of Student Conduct & Ethical Development.
  

Flowchart - Student Conduct Process [PDF]

Flowchart - Student Academic Integrity Process  [PDF]