This handout is designed to assist individuals appearing before the Conduct Council. You are strongly urged to read this handout and make an appointment with the director of Student Conduct and Conflict Resolution Services and/or designee prior to your hearing. This handout contains information on how to prepare your testimony, an outline of the hearing, examples of sanctions, and the Honesty Policy. Being involved in a Conduct Council Case, whether as a complainant or a respondent, is a situation that requires careful thought and preparation. Advance preparation for a hearing is time well spent, since the hearing board members will be able to understand your position, arguments, and evidence if you can clearly articulate your case.

Complainant: Your task is to provide a preponderance of evidence (through testimony, witnesses, physical evidence, etc.). You must prove:

1. that the incident occurred as you have documented in the Student Conduct Complaint Form;
2. that you have identified the person(s) who engaged in the behavior; and
3. that what happened is a violation of the University’s Student Conduct Code.
   Remember: the burden of proof rests with you, the complainant.

Respondent: Your task is to dispute the charges. This can be done primarily by disputing what the complainant presents. Remember: the burden of proof rests with the complainant. You are not obliged to defend yourself. You have the right to refuse to answer questions and the right to remain silent. However, the more information that is presented to the hearing panel, the better able the board members will be to make an accurate and fair decision about the case.

Advisors: The complainant and the respondent each may bring one advisor to the hearing to assist them throughout the case. Your advisor should be thoroughly acquainted with your conduct case (i.e., your testimony, evidence and witnesses). The role of the advisor is strictly limited to consultation. The advisor may observe the Conduct Council proceedings and advise you during the hearing. However, the advisor may not do the following:

1. represent the parties;
2. object during the hearings; 
3. address the hearing board or others present at the hearing;
4. examine or cross-examine witnesses and parties; or
5. be engaged in the hearing in any fashion.

Advisors must be a student, staff, or faculty member at American University. Participation of persons acting as legal counsel is not permitted.  For more information on advisor, see section XI of the Student Conduct Code.

Witnesses: Both the complainant and the respondent may bring witnesses to the hearing. Witnesses may be either relevant or character witnesses. Only respondents may call character witnesses. A character witness may only be called to attest to the respondent’s character and not to assail the character of the opposing party and/or adverse witnesses. Character witnesses may only be called during the sanctioning phase of the hearing. The role of the witness is that of a reporter, recounting to the hearing panel what he/she knows about the situation or about the respondent’s character. Complainants are limited to the witnesses listed on the Student Conduct Complaint Form. Respondents need not to declare witnesses. The hearing board may call witnesses if they deem it necessary. It is your responsibility to inform your witnesses of all relevant information, such as the Honesty Policy, the time and location of the hearing, etc. If your witness is unable to attend the hearing, he/she may provide a written statement containing his/her testimony, which may be presented on your behalf. Please note that a signature on all Statement Forms must be witnessed by the director of Student Conduct and Conflict Resolution Services or designee (i.e., any Student Conduct staff member, Resident Hall Directors, Assistant Director of Housing and Dining Programs, or Offices with supervisory authority in the Department of Public Safety). A Statement Form is available on our website for this purpose.

Testimony: It is helpful to outline your testimony. Some people become nervous and may forget a certain point. With an outline, you are better able to ensure that you cover all your points. It is helpful to the hearing board if you relay detailed, concise information to the board in chronological order, then draw the relation between the alleged action and Student Conduct Code as the hearing board has no advance knowledge of the case.

Hearing Format:

A detailed outline of the hearing procedure is provided on our website.

Deliberations: After the complainant and respondent have completed their presentations, the hearing board meets in a closed session to determine whether or not the respondent is responsible as charged, and if so, what would be fair and appropriate sanctions to recommend to the Dean of Students. You may notice that the Hearing Administrator will remain in the hearing room during the deliberations phase. It is important to know that while the Hearing Administrator has no vote in the outcome of the hearing, he/she may participate in the discussion prior to the vote. Once the hearing board decides on the determination of responsible or not responsible, the Hearing Administrator will be in the room during the discussion of sanctions to help provide information on precedent. The Hearing Administrator documents the findings and sanction recommendations and forwards this paperwork to the Dean of Students.

Examples of Sanctions: The following are examples of sanctions that the hearing board has recommended in the past. Remember: the hearing board is not limited to this list and may always recommend alternative sanctions. This list has been included as a means to provide complainants and respondents with examples of sanctions the Conduct Council hearing board has recommended to the Dean of Students. Multiple sanctions are routinely recommended by the Conduct Council.

Community Restitution Service Hours/Project – Community restitution is work without monetary compensation. The board may recommend that restitution hours be completed with a specific office on campus or a specific organization off campus. The respondent may have to complete the restitution around a certain issue or project (i.e., a poster project addressing quiet hours). Fines are assessed at the rate of $20.00 per hour for restitution hours not completed.

Denial of a privilege – This sanction may include denial of the use of a specific facility (i.e., meeting room, lounge), residence hall living privileges, visiting privileges, parking privileges or denial of Greek rush activities. This sanction may include a student being denied access to campus while on suspension or dismissal. Denial of a privilege may be for any amount of time, including a permanent denial of said privilege. Failure to abide by this sanction will result in new charges being filed against the respondent. (Note: It is customary, but not necessary, for a respondent to be denied residence hall visiting privileges in conjunction with being denied residence hall living privileges).

Restitution for damage/services – Monetary restitution will be required for repair or replacement of damaged property (i.e., broken ceiling tiles, broken furniture, stolen/damaged items). If the dollar amount is known, it will be specified at the hearing. If not, all costs will be specified by Student Condcut at a later date.

Punitive fine – This is a financial penalty billed directly to the student’s account for the failure to complete a sanction by the deadline. The range of fines is open and dependent on the violation(s).

Research paper– This sanction requires the respondent to undertake a research project, such as a paper or project collecting written resource materials on a given subject. The paper is to be a standard research paper expected of university students. The director of Student Conduct and Conflict Resolution Services reviews the finished project to ensure that the spirit of the sanction has been fulfilled. The board specifies the topic to be researched, the scope of the task (i.e., 20-page typewritten paper with 15 bibliographic sources), and the date due. Fines are assessed at the rate of $20.00 per page for pages not submitted and/or poorly written papers.

Disciplinary probation – This sanction is a status assigned for a designated period of time, during which any other violation of the Code may result in removal from university housing, suspension, or dismissal from the university. Students on disciplinary probation may not hold or run for any elected or appointed positions. Additional conditions appropriate to the violation may be imposed.

Workshops – This sanction requires a respondent to attend an educational workshop or program on a related topic such as alcohol and other drugs, sexual harassment, or conflict management. A respondent may be asked to make a presentation and provide handouts on a related issue. The usual fine for failing to complete this sanction is $300.

Suspension (Academic Regulations 80.10.00 (B)(2) – A suspension is an exclusion from university premises and other privileges or activities as set forth in the suspension notice. This action will be permanently recorded on the student’s academic transcript. Suspension is effective for no less than the semester in which action is taken, and for no more than one academic calendar year. The length of a suspension is to be specified precisely at the time the action is taken.

Dismissal (Academic Regulations 80.10.00 (B)(2) – Dismissal is a permanent termination of student status and exclusion from university premises, privileges, and activities. This action will be permanently recorded on the student’s academic transcript. Dismissal is a penalty invoked in cases of serious infraction of rules and regulations, and when circumstances indicate that a student’s association with the University should be terminated in the interests of maintaining the standards of behavior and conduct normally expected in a university community.

Appeal Request: After the respondent receives written notification of the outcome of the hearing, the respondent has seven business days (excluding weekends, official University Holidays, and Spring and Winter Breaks) of the date of the decision resulting in removal from housing, suspension or dismissal to file a written appeal with Student Conduct and Conflict Resolution Services. There are four grounds for filing an appeal:

1. improper procedure had been followed at the hearing, resulting in an adverse finding;
2. new relevant evidence, unavailable to the respondent at the original hearing, can be presented, which may change the outcome of the case;
3. the sanctions recommended by the hearing board were excessive; and
4. findings were against the weight of evidence. All appeals are made in writing and must clearly explain the grounds for the appeal.

Neither the complainant nor the respondent makes a personal appearance before the Appellate Board. The complainant and other interested parties may provide a written statement to the Appellate Board. The director of Student Conduct and Conflict Resolution Services will notify the respondent in writing of the outcome of the request. If the appellate board finds merit to the respondent’s request for a review, the case will be forwarded to the vice president of Campus Life. Appeals will be decided based on the report filed by the Hearing Administrator and the hearing board, including any information obtained during the hearing and contained in the case file, the respondent’s written statement, and any written response or memoranda prepared by university officials. All written materials considered by the Appellate Board and vice president of Campus Life will be subject to inspection by the respondent. The respondent may request an opportunity to discuss the written materials in person with the vice president of Campus Life. New hearings will not be conducted on appeal. Decisions rendered by the vice president of Campus Life are final.

Action: If a request for an appeal is not filed within the appeal period, the decision of the hearing board and the Dean of Students is final and will be implemented. The respondent is required to follow the implementation letter outlining the sanctions and terms for completion of the sanctions.

HONESTY AND CONFIDENTIALITY POLICY

An academic community exists to promote the pursuit of learning and truth. Honesty is the cornerstone of this pursuit. Furthermore, a judiciary proceeding requires honesty if it is to be fair and just to all concerned. Therefore, it is the policy of American University’s Judicial Affairs and Mediation Services office to accept into any proceeding or record only those statements in which the attesting party has clearly sworn to the truthful nature of the statement. This policy pertains to all statements, written or verbal in nature, issued by complainants, respondents, or witnesses who may have knowledge of incidents or information pertinent to any complaint on file in the Student Conduct and Conflict Resolution Services office. As per §XV, Part M of the Student Conduct Code, all individuals entering a written statement into any proceeding or record must affirm the truthfulness of the statement in the presence of the director of Student Conduct and Conflict Resolution Services, or designee. In the event that any individual knowingly offers false testimony in violation of this policy, that individual may be subject to disciplinary action taken by the University.

Any information disclosed at the proceeding is confidential and shall not be disclosed to parties outside of the hearing. The information disclosed at the hearing is not be discussed, shown, or shared in any way with anyone outside of the membership of the hearing body or the Student Conduct and Conflict Resolution Services office. Discussion will be constrained by institutional and statutory regulations and policies.

If you will be participating in a Conduct Council Hearing and have any further questions, you are urged to meet with a staff member in Student Conduct and Conflict Resolution Services. To make an appointment, please call (202)885-3328.