24|Page a. Proximity of the involved parties in public areas on campus or in university facilities such as dining areas, student life facilities, academic buildings, or sporting events at the same time does not constitute a violation of a No Contact Directive in and of itself unless intentional, direct contact or intimidation occurs. b. When the parties involved are enrolled in the same course, every effort will be made to make alternate academic arrangements with the instructor to provide both parties with the opportunity to complete course requirements. However, in some instances an alternative class or arrangement may not be available. In such situations, no contact requirements remain in effect but attendance at a shared class will not be considered a violation of the No Contact Directive. 5. When the proximity or address of a student or students within an assigned residence hall, suite, or apartment may result in an adverse health and/or safety situation, the Dean of Students Office may request or recommend to the Office of Housing, Dining and Residence Life, an Administrative Move of a student within the residence hall system. Article 7: Hearings Any student accused of violating a university regulation shall have the right to due process and to have their case considered. Any matter not involving possible sanctions of suspension or dismissal may be scheduled and heard informally by an administrative hearing officer. Procedures before administrative hearing officers are less formal; however, as set forth below, the following provisions apply to both informal hearings before an administrative hearing officer and formal hearings before the University Conduct Board. 1. Hearing Authorities: The role of the hearing authority is to determine responsibility and recommend sanctions to the Dean of Students Office. a. University Conduct Board: A group of trained individuals representing the university community that hear the facts of a student conduct matter from all parties. A typical board consists of three (3) representatives but with a minimum of at least two (2) representatives as decision-makers, and an ex-officio hearing chairperson. b. University Conduct Board - Single Administrator: A trained single decision-maker who represents the University community and hears the facts of a student conduct matter from all parties. A single hearing officer selected from a pool of hearing officers, Associate Director of Student Conduct or Associate Dean of Students. c. Administrative Hearing Officer: A trained, single decision-maker given the authority to review and issue a determination in a student conduct case other than in a matter with a possible sanction of suspension or dismissal. 2. All hearings shall be conducted as closed proceedings to the general public and university community and may be conducted in person or online at the discretion of the Dean of Students Office. 3. In the event the respondent, without just cause or prior arrangement, does not attend the scheduled hearing the case should, nevertheless, be heard. 4. The burden of proof refers to who has the responsibility of showing a violation has occurred. In all cases, it is the responsibility of the university to satisfy the burden of proof.
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