Student Discipline Code

Hearing Procedure

If a complaint has been made against you (the Respondent), and you have been asked to appear at a hearing, you can expect the following procedure (or something similar) to take place.

The Chair will call you into the hearing and will introduce you to the members of the Board.

The Chair will read out the complaint(s) and ask you to enter a plea of “Responsible”, “Responsible with Explanation” or “Not Responsible” to each one. Under the Student Discipline Code you are considered to be “not responsible” and the burden of proof is on the complainant to prove that you are responsible for the complaint(s) made against you. The complainant does not have to prove this “beyond a shadow of a doubt” but rather based on a “balance of probabilities” which means that it is more probable or likely, that you did what you are alleged to have done than you did not.

If you enter a plea of "responsible" you will be given an opportunity to give an explanation for your behaviour. If you decline to enter a plea, the Chair will enter a plea of “not responsible”.

If you enter a plea of “not responsible” to any or all of the complaints the Chair will ask the Complainant to present his/her case and call any witnesses which he/she may be presenting. During the time that the Complainant is presenting you will not be permitted to speak and/or ask questions. You may make notes of questions/points you want to make and you will be given an opportunity to refer to them later.

As the Respondent you are not compellable as a witness. This means that you are not required to speak at all nor answer any questions if you do not want to. If you do wish to present a defense, call witnesses or give an explanation for your behaviour you will be given an opportunity to do so after the Complainant has finished presenting the complaint. If you do present witnesses it is your responsibility to direct them by asking questions of them.

You, the Complainant and all witnesses are expected to tell the truth during the hearing. Their testimony is to be factual and not opinion.

Once you have finished, the Complainant may be given an opportunity to respond to your statements and then you will both be given the opportunity to make closing statements.

At the conclusion of the hearing the Student Discipline Board will deliberate on the information they have heard/received during the hearing. They have five business days within which to make a decision and then two days from making the decision to send a copy to the Complainant and Respondent.