Charge to the Hearing Board

The following was adopted by the Senate on April 9 1997

US 97-5 -- Formal Hearings. Amendment to OAR 571-21-055, replacing (1) and (2) in their entirety, with the following:

(1) Membership: Selection; Hearing Board Chair; Presiding Officer; Refusal; Removal
(a) Student Conduct Code formal hearings are heard by a panel on which faculty and students are
represented, drawn from a pool known as the "Hearings Board".
(b) The Hearings Board shall consist of eighteen members, all of whom must be appointed by the University President:

(i) Ten students, of whom four must be second or third year law students. The student members shall be registered students at the University of Oregon and shall have been recommended to the President by the ASUO. Each student member is appointed for a one-year term and may be reappointed for additional terms. Two of the law students shall be recommended by May 1 and two by Sept. 15.
(ii) Four University officers of instruction, all of whom the Committee on Committees shall recommend to the President. Half will serve a one-year term and half will serve a two-year term.
(iii) Four University officers of administration, all of whom the Committee on Committees shall recommend to the President. Half will serve a one-year term and half will serve a two-year term.
(c) A "Hearings Panel" shall consist of three students, one whom shall be a second or third year
law student, and two faculty members (one officer of instruction, and one officer of
administration) selected from the Hearings Board. A hearing cannot proceed with fewer than four
(4) members present.
(d) Presiding Officer at Formal Hearings. Each Hearings Panel shall select from among them a
presiding officer who shall:
(i) Administer the process of the formal hearing; and
(ii) Issue final rulings on behalf of the panel.
(e) A Hearings Panel member shall be excused from hearing a case if:
(i) The member is from the department or school in which the incident allegedly took place; or
(ii) A majority of the Hearings Panel members vote that there would be substantial bias to
the accused student if the panel member were to hear the case.
(f) Hearings Board Chair. The appointed Hearings Board members shall select a Hearings Board
chair from among their members. The chair must be a faculty member or a Hearings Board
member with at least one-year of experience. The chair shall:
(i) Assist the Coordinator of Student Conduct in administering the formal hearings
process;
(ii) Coordinate selection and assignment of panel members who shall hear a case; and
(iii) Have authorization to sign, and thereby ratify, negotiated settlements presented and signed by the Coordinator of Student Conduct and charged student.
(g) Removal for Nonperformance of Duties. A member of the Hearings Board may be dismissed
if the member consistently does not perform his or her duties. The Board Chair may consult with
the member in question, explain concerns and develop work plans to improve performance of
duties, or with the majority vote of the Hearings Board authorize the member's dismissal pursuant
to final approval of the University President.
(2). Powers
(a) Upon commencement of a formal hearing the Hearing Panel shall have the power to:
(i) Make findings of fact;
(ii) Determine whether or not the student has violated the Code;
(iii) Impose any sanction listed in 571-21-038 of the Student Conduct Code.
(b) Any decision of the Hearing Panel shall be made by a simple majority of the tribunal.
(c) The standard of proof required to find a student responsible for violation of the Student
Conduct Code is a preponderance of the evidence.
(d) Decisions made by the panel may be appealed to the University Appeals Board as provided in
571-21-072.
(3) Policy on Open and Closed Hearings (Unchanged)
(4) Procedures as per APA (Unchanged)
(5) Conduct of Hearings (Unchanged)