Minutes of a Regular Meeting, June 22-23, 2004 - Digital Collections
Minutes of a Regular Meeting, June 22-23, 2004 - Digital Collections Minutes of a Regular Meeting, June 22-23, 2004 - Digital Collections
REGENTS’ POLICY MANUALSECTION 2—ACADEMICS(2) If the request was made by the complainant or the college, notwithstanding theprovisions of section 3.5, during the extension period the student may receivetranscripts without notation of the pending case.(c)Written notification of a hearing must be distributed at least five (5) regular class days inadvance of the hearing date, and should include:(1) The authority for the hearing and the hearing body;(2) Reference to the specific rule or rules involved;(3) Date, time, nature, and place of the hearing;(4) A brief factual statement of the charges and issues involved.(d)Students who fail to appear after proper notice will be deemed to have pled guilty to thecharges against them.(e) Parties must provide, upon request by College, the Board or the opposing party, the nameof any counsel who will be present at the hearing and a list of witnesses to be called in thehearing, along with the nature of their expected testimony, and must allow examination of anydocuments to be submitted in the hearing. Failure to disclose such information in a reasonableand timely manner may be grounds for delaying the hearing, suspending the provisions of thissection concerning transcripts and graduation, and, in the case of repeated or egregiousnoncompliance, dismissing the case or declaring guilt by default. The college holding the hearingmay adopt such other procedural rules as it deems necessary and proper to expedite hearings andpromote fairness.(f)(g)(h)(I)(j)(k)(l)(m)Hearings will be closed to the public and shall be confidential, although an open hearingmay be held at the discretion of the AMB, if agreed by all parties.The presiding officer of each board shall exercise control over the hearing to avoidneedless consumption of time and to prevent harassment or intimidation.Hearings shall be tape recorded.At the beginning of the hearing, any party may challenge any board member, one at atime, on the grounds that he or she is unable to give the student a fair and impartialhearing. The remaining members of the hearing body shall decide the challenge by secretballot. However, if the entire board is challenged, the entire board shall rule on thechallenge. The hearing will continue if at least two faculty members and one studentremain.Witnesses shall be asked to affirm that their testimony is truthful.Prospective witnesses other than the complainant and the student may be excluded fromthe hearing during the testimony of other witnesses. All parties, the witnesses, and thepublic shall be excluded during board deliberations.The burden of proof shall be upon the complainant, who must establish the guilt of therespondent by a preponderance of the evidence.Formal rules of evidence shall not be applicable in these proceedings. The presidingofficer of each board shall give effect to the rules of confidentiality and privilege.THE UNIVERSITY OF OKLAHOMA 96
REGENTS’ POLICY MANUALSECTION 2—ACADEMICS(n)(o)(p)(q)(r)The board shall not receive or consider arguments about the legality of any provisionunder which a charge has been brought or the legality of the procedures under which thehearing is proceeding. Such questions should be presented in writing to the Senior VicePresident and Provost.All parties shall have reasonable opportunity to question witnesses and presentinformation and argument deemed relevant by the board.Final decisions of all AMBs shall be by majority vote of the members present and voting.The final decisions shall contain a written statement setting forth withreasonable particularity, findings of fact, the decision on each of the charges, itsrecommendations for disciplinary sanctions, and the reasoning behind these decisions.These materials shall be transmitted as described in section 5.5, together with the AMB’srecord of the proceedings and a summary.Depending upon the gravity of the case, the board, at its discretion, may require theparties to submit written briefs and responses, including supporting documents, settingforth the respective positions dealing with all issues.5.5 RESULTS OF THE HEARING5.5.1 DISMISSAL OF CHARGES BY THE AMBIf the AMB finds that the facts do not support the allegation, the charges will be dismissed. Thechair of the AMB shall transmit the decision in writing to the appropriate deans and the CampusJudicial Coordinator within fifteen (15) regular class days of the conclusion of the hearing. Allother AMB records of the case shall be destroyed after twenty (20) regular class days of suchtransmittal. The Campus Judicial Coordinator shall then notify the student in writing of thedecision of the AMB. The matter is then ENDED.5.5.2 WHEN FACTS SUPPORT ALLEGATIONS AGAINST THE STUDENT5.5.2.1 AMB ACTIONIf the AMB finds that the facts support the allegations against the student, the student shall befound guilty. After a finding of guilt, it is the duty of the AMB to recommend appropriatedisciplinary sanctions. Some relevant factors the AMB may consider in determining a sanctionrecommendation include, but are not limited to:(a)(b)(c)The facts that have been presented to the AMB at the hearing;Any mitigating or extenuating circumstances that have been presented by any partyduring the hearing;Prior academic misconduct on the part of the student.After weighing all factors it considers relevant, the AMB shall recommend disciplinary sanctionsto the student’s dean. The AMB’s findings and recommendations shall be made in writing withinfifteen (15) regular class days of the conclusion of the hearing.THE UNIVERSITY OF OKLAHOMA 97
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REGENTS’ POLICY MANUALSECTION 2—ACADEMICS(2) If the request was made by the complainant or the college, notwithstanding theprovisions <strong>of</strong> section 3.5, during the extension period the student may receivetranscripts without notation <strong>of</strong> the pending case.(c)Written notification <strong>of</strong> a hearing must be distributed at least five (5) regular class days inadvance <strong>of</strong> the hearing date, and should include:(1) The authority for the hearing and the hearing body;(2) Reference to the specific rule or rules involved;(3) Date, time, nature, and place <strong>of</strong> the hearing;(4) A brief factual statement <strong>of</strong> the charges and issues involved.(d)Students who fail to appear after proper notice will be deemed to have pled guilty to thecharges against them.(e) Parties must provide, upon request by College, the Board or the opposing party, the name<strong>of</strong> any counsel who will be present at the hearing and a list <strong>of</strong> witnesses to be called in thehearing, along with the nature <strong>of</strong> their expected testimony, and must allow examination <strong>of</strong> anydocuments to be submitted in the hearing. Failure to disclose such information in a reasonableand timely manner may be grounds for delaying the hearing, suspending the provisions <strong>of</strong> thissection concerning transcripts and graduation, and, in the case <strong>of</strong> repeated or egregiousnoncompliance, dismissing the case or declaring guilt by default. The college holding the hearingmay adopt such other procedural rules as it deems necessary and proper to expedite hearings andpromote fairness.(f)(g)(h)(I)(j)(k)(l)(m)Hearings will be closed to the public and shall be confidential, although an open hearingmay be held at the discretion <strong>of</strong> the AMB, if agreed by all parties.The presiding <strong>of</strong>ficer <strong>of</strong> each board shall exercise control over the hearing to avoidneedless consumption <strong>of</strong> time and to prevent harassment or intimidation.Hearings shall be tape recorded.At the beginning <strong>of</strong> the hearing, any party may challenge any board member, one at atime, on the grounds that he or she is unable to give the student a fair and impartialhearing. The remaining members <strong>of</strong> the hearing body shall decide the challenge by secretballot. However, if the entire board is challenged, the entire board shall rule on thechallenge. The hearing will continue if at least two faculty members and one studentremain.Witnesses shall be asked to affirm that their testimony is truthful.Prospective witnesses other than the complainant and the student may be excluded fromthe hearing during the testimony <strong>of</strong> other witnesses. All parties, the witnesses, and thepublic shall be excluded during board deliberations.The burden <strong>of</strong> pro<strong>of</strong> shall be upon the complainant, who must establish the guilt <strong>of</strong> therespondent by a preponderance <strong>of</strong> the evidence.Formal rules <strong>of</strong> evidence shall not be applicable in these proceedings. The presiding<strong>of</strong>ficer <strong>of</strong> each board shall give effect to the rules <strong>of</strong> confidentiality and privilege.THE UNIVERSITY OF OKLAHOMA 96