Section 8. Responsibilities of Complainants and Accused Students
8.1 Each party must appear at the meeting as specified. If either party fails to appear at the meeting, the University Student Conduct Board may proceed and consider the case in the absence of the missing party/ies, dismiss the complaint, or reschedule the board meeting, as the facts and circumstances of the case indicate.
8.2 Each party must act in a manner that is respectful of the proceedings and the rights of all individuals involved. It is the responsibility of each party to assure that their Advisor, witnesses and other affiliates act in a manner that is respectful of the proceedings and the rights of all individuals involved. The Conduct Board Chairperson shall retain the option to discontinue the board meeting and forward the case for administrative resolution by the Dean of Students and/or his/her designee, when the behavior of any person has become an encumbrance likely to have a detrimental impact on the outcome of the board.
8.3 Each party must answer pertinent questions truthfully during the board meeting or choose to remain silent. The board may draw inferences from the statements and silence of any person with respect to the pertinent question. False testimony by any person may give rise to further disciplinary action or an enhancement of sanctions at the discretion of the board members.
8.4 At the board meeting each party must offer all information known or available to him/her that he/she desires to be considered. Each party is responsible for calling witnesses to testify on his/her behalf and for providing a list of potential witnesses, including witness names and whether a witness will testify to facts in issue or to the character of the offering party. This list must be submitted to the Dean of Students Office at least 48 hours in advance of the meeting. The Dean of Students Office will make witness lists available to the opposing party. The Conduct Board Chairperson will have the discretion to limit the number of witnesses to be called by either party, taking into consideration the following guidelines:
a. All fact witnesses will be heard, unless the Chairperson determines evidence is cumulative or irrelevant, or would unnecessarily compromise the confidentiality of the board meeting.
b. Each party will be limited to one character witness but may submit, in lieu of additional character testimony, one or more statements signed by other persons who must certify to the truth of the statements.
c. Witnesses who have not been disclosed to the Dean of Students Office at least 48 hours in advance will be heard only if the board votes to allow their testimony.