司法程序

Notification of Disciplinary Actions and Decisions

Appropriate University officials and campus departments shall be notified of the outcome of the disciplinary proceeding. When a student is charged with a violation of the Code of Student Conduct, the student should expect to be contacted by the dean of students regarding hearings. All notifications to students of a hearing regarding his or her alleged violation(s) will be made through the student’s official Lincoln email; however, a student’s failure to check their email is not an excuse for failure to appear at the hearing and does not entitle the student to a postponement. If a student fails to appear before the Student Conduct Board after proper notice has been given or attempted, 尽管如此，听证会仍将继续进行.

纪律聆讯程序

The basic procedures include the following:

  1. The presiding officer calls the session to order and asks each person in the room to introduce himself or herself and state his or her reason for being at the hearing (e.g.(董事会成员、被告、证人).
  2. The presiding officer asks the 被调查者 and the complainant if they challenge the objectivity of any member of the Student Conduct Board. If so, the party must state the reason(s). The board will meet in a non-public session to consider the challenge and determine whether or not the member should hear the case.
  3. The presiding officer reads the charges and specifications to the charge(s) from the incident report. The presiding officer asks the 被调查者 to respond to each charge (responsible or not responsible).
  4. The 被调查者 and the complainant are given an opportunity to give an opening statement.
  5. The 被调查者 and the complainant may give his or her explanation of the events surrounding the charges. The members of the board then may question the students. Each student should be given the opportunity to provide the presiding officer with questions to ask the others involved in the case.
  6. The presiding officer in his or her discretion may limit the number of eyewitnesses that may be heard, and to require all other witnesses to 提交 their statements in writing. 双方都有, 此时此刻, 交叉询问的权利, by providing the presiding officer with questions, 目击者, and to examine any documents before being received into evidence. 不是工作人员, 教师, or administration of Lincoln University may be called as an expert witness. However, staff, 教师, and administrators may serve as character witnesses or references.
  7. The 被调查者 and the complainant present the facts and evidence that support his or her case.
  8. The 被调查者 and the complainant shall be given an opportunity to make a closing statement.
  9. The board will make its deliberations in a closed non-public session.
  10. The board will then render its decision with the charges against the student established by a majority decision given a “preponderance of the evidence.
  11. The accused student normally will receive the decision in writing within three to five (3-5) business days.
  12. There shall be one single verbatim digital recording of all hearings before a Student Conduct Board panel, 不包括审议.
  13.  The Student Conduct Board may accommodate concerns for the personal safety, 幸福, and/or fears of confrontation of the complainant, 被调查者, and/or other witnesses during the hearing by providing separate facilities, and/or permitting participation by telephone, 视频会议, or other means as determined in the sole judgment of the student conduct administrator.
  14. 听证会不向公众开放, except the 被调查者 or complainant may be accompanied by their parents, 配偶, 或者找个顾问帮忙. If the student’s advisor is an attorney, special permission from the vice president for student success or his or her designee must be obtained. The role of parents, 配偶s, advisors, and attorneys is limited. Since conduct hearings are not a courtroom proceeding, but rather part of the University’s efforts to provide a healthy living/learning environment, attorneys and other support persons are not permitted to question witnesses, make statements or otherwise participate in the hearing process. If they fail to act by these procedures, they will be barred from the proceedings. When the student has been granted permission to have an attorney present, the University attorney will also be present.
  15. Every student has the right to request an appeal of any decision made by the Conduct Administrator or board. An appeal must be 提交ted on this form: 操守上诉表格 within three (3) days of receiving notification of the outcome of the hearing.
  16. Please be advised that the decision of the Vice President for 学生的成功 is FINAL.