Tips for the Charged Student in an Administrative Hearing
The information in this document was developed in an effort to help you prepare for an Administrative Hearing. It is meant to supplement
the University's Code of Conduct, which details the process you will go through. For further information concerning the Student Conduct System,
please refer to The Student Guide to University Policies. You should read the Code of Conduct
thoroughly as well as follow these tips when preparing for a hearing. Questions about the student conduct process may be referred any member of the Office of Student Conduct staff or a student conduct advisor.
You have been charged with a violation of the University of Delaware's Code of Conduct. Although you have been charged with a violation, you are presumed "not responsible" until proven "responsible." Responsibility must be established on the basis of preponderance of the information.
Once a student denies responsibility for violating the charge(s) pending, the student will receive notice at least five days prior to the hearing, stating the date, time and location of the hearing. Notices are sent via e-mail to the student's University e-mail address.
PRIOR TO THE HEARING
The student should decide if he/she wants to meet with a student conduct advisor from among the members of the University Community. Names of advisors familiar with the student conduct process are available. It is the responsibility of the student to obtain an advisor.
It is permissible for the charged student to prepare a written statement and/or questions prior to the hearing. A student may use these documents during their hearing.
The student should notify his/her witnesses of the hearing date, time and location. In situations where witnesses cannot be present (for example, they are a UD student and have a class conflict or are not a UD student and are uable to travel to campus), the student should obtain written documentation from these individuals and be prepared to present their statement at the time of the hearing.
AT THE HEARING
On the day of the hearing, the student should arrive at the hearing location on time. If the student is unsure of the hearing location, he/she should contact the Office of Student Conduct prior to the hearing to obtain directions.
The charged student can elect not to appear at the hearing. An absence will be noted without prejudice and the hearing will be conducted in the student's absence.
All parties are expected to conduct themselves in an appropriate manner and to abide by the expectations set by the hearing officer. If there are any disruptions by the charged student, the individual will be asked to leave and the hearing will continue in his/her absence. If the presenting party becomes disruptive, he/she will be asked to leave the hearing and the charge(s) will be dropped.
The hearing officer, as well as all parties present at the hearing, may question everyone presenting information about the incident.
All parties involved are expected to be truthful. Failure to report honest and accurate information can negatively affect the case and/or result in additional student conduct charge(s).
A charged student can refuse to answer any question(s) or to make a statement. However, the hearing officer will make a decision on the basis of the information available at the time of the hearing.
The presenting party will present his/her case first, followed by witnesses.
The charged student will then present his/her case, followed by witnesses.
FOLLOWING THE HEARING
If a decision of responsible is reached following the hearing, information concerning the student's past disciplinary record will be reviewed for consideration in determining an appropriate sanction(s).
The hearing officer will have a verbal decision available within 5 business days of the hearing. If interested in the results, it is the student's responsibility to call the hearing officer on the fifth business day after the hearing. Soon after the hearing, the hearing officer will provide a written outcome summarizing the information gathered at the hearing, stating the decision(s), and if responsible, the sanction(s) and the appeal process. This written decision outcome will be sent to the student's University e-mail account.
The charged student will have 5 business days following the sending of the written decision outcome to submit a written appeal to the Office of Student Conduct.
The Appellate Board will review the appeal and the student will be informed via e-mail of the Board's decision. The decision of the Appellate Board is final.