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HEARING PROCEDURES - Hearing Script

The script used by the judicial board during hearings follows:

INTRODUCTION

[The judicial board chair will introduce herself and have all judicial board members introduce themselves. The chair will introduce the student who is the subject of the complaint and the person who is filing the complaint. The chair will then ask any witnesses and/or advisors present to introduce themselves and state for whom they have agreed to appear.]

The Chair will read the following:

The (College, Judicial, or House) Board is assembled here today, [month, date, year] to hear the case of [student who is the subject of the complaint] who is charged with [state violation of college policy, the code of social conduct, or state or federal law]. All members of the board, the student who is the subject of the complaint, the person filing the complaint, witnesses and any other person present at any point during this hearing are reminded that this hearing is confidential. No one should discuss anything they say or hear during the hearing with individuals not directly connected to this hearing. This hearing will be private. When directed by the chair all witnesses and all others without responsibilities for this hearing will be requested to leave the room

A student called before the judicial board has the following rights:

  • The right to present information supporting her version of the alleged complaint;
  • The right to a hearing;
  • The right to present up to three witnesses who may be members of either the Smith College community or of her immediate family, who have knowledge of her character;
  • The right to have an adviser who is a member of the Smith College community or her immediate family present for moral support during her testimony. The advisor may not participate in the proceedings. No legal representation is allowed.
  • The right to be present throughout the hearing and to consult with her advisor during her testimony;
  • The right to appeal the final decision of the judicial board in accordance with the appeal procedure outlined in the Student Handbook.

The person filing a complaint before the judicial board has the following rights:

  • The right to review the statements of the student who is the subject of the alleged infraction;
  • The right to present information supporting her or his version of the alleged complaint;
  • The right to appeal the final decision of the judicial board (where applicable).

The hearing will be guided by the following procedures:

  • The person filing the complaint will have up to one hour to present her/his case including witnesses. The student who is the subject of the complaint may question the complainant’s witnesses through the judicial board. The judicial board may question the complainant’s witnesses.
  • When the person filing the complainant has finished, the student who is the subject of the complaint will have up to one hour to present her/his case including witnesses. The complainant may question the subject of the complaint’s witnesses through the judicial board. The judicial board may question the subject of the complaint’s witnesses.
  • When the student who is the subject of the complaint has finished, both the person filing the complaint and the student who is the subject of the complaint will have five minutes to summarize what each believes has been shown to be true.
  • The board reserves the right to ask questions at any time.
  • The board may call any witnesses whose testimony bears on the case.
  • The board insists on honest and forthright responses to its questions and may recommend penalties, including suspension or dismissal, for any witness who is found responsible for not being truthful or intentionally misleading the board.
  • Advisors are reminded that they do not possess the right to address the board, the witnesses, or the opposing person. Advisors are present solely for the purpose of advising the student and shall not participate in the hearing.
  • All parties are reminded that they cannot speak unless they have been recognized by the chair.
  • A record of this hearing will be made by the judicial board by tape recording [or by another method determined by the board prior to the hearing].

Is all of this understood?

Will all witnesses and all those not connected to the hearing please leave the room. You will be called when it is time to present your statements.

THE HEARING

A. The person who is filing the complaint presents her/his case.

  1. Will the person who is filling the complaint present any and all information relevant to the allegations? [Person filing the complaint presents her/his statement, reports, etc.]
  2. Does the student who is the subject of the complaint have any questions for the person filing the complaint?
  3. Does the board have any questions for the person filing the complaint?
  4. Do you have any witnesses? [May bring them in one at a time so they do not hear other witnesses statements. If no witnesses move to B.]
  5. You may question your witness.
  6. Does the student who is the subject of the complaint have any questions for this witness?
  7. Does the board have any questions for this witness?

[If there are more witnesses, they will be requested to enter the room and the procedure will be repeated until no more witnesses remain.]

B. The student who is the subject of the complaint presents her case.

  1. Will the student who is the subject of the complaint present any and all information relevant to the allegations? [Student who is the subject of the complaint presents her statement, reports, etc.]
  2. Does the person who is filing the complaint have any questions for student who is the subject of the complaint?
  3. Does the board have any questions for the student who is the subject of the complaint?
  4. Do you have any witnesses? [May bring them in one at a time so they do not hear other witnesses’ statements.]
  5. You may question your witness.
  6. Does the person who is filing the complaint have any questions for this witness?
  7. Does the board have any questions for this witness?

[If there are more witnesses, they will be requested to enter the room and the procedure will be repeated until no more witnesses remain.]

We will now take a five-minute break to allow parties to prepare summary statements.

[The board should take this time to prepare any last questions. Note: there should be no interaction of any kind between the members of the board and any of the individuals involved in the case, including witnesses advisors, etc.]

C. Final Questions from the Board

The board has a few last questions it would like to ask. [If no questions remain, move directly to the D.]

D. Summary

Each individual will have five minutes to make a closing statement.

  1. Will the person who is filing the complaint summarize what s/he believes has been shown to be true. S/he may include any general comments or address the impact of this incident and may include a sanction recommendation.
  2. Will the student who is the subject of the complaint summarize what she believes has been shown to be true. This may include a sanction recommendation.

E. Close of the Hearing

After the board’s deliberation and decision making, the board’s decision will be provided in writing to the student who is the subject of the complaint, normally within 72 hours [24 hours for house judicial boards].

Are there any questions?

This hearing is concluded. All participants are reminded about the confidentiality of this hearing. Thank you.

DELIBERATIONS

[The judicial board moves into private and confidential deliberations.]

Appeals

FAQ

Hearing Procedures

Members

Prohibited Conduct

Sanctions

SGA & the Judicial Board

Community Judicial Board FAQ

 
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