Legal Professionals

Overview

If you have been retained by a �� University student to provide assistance in a disciplinary matter, this guide will provide you with important information about the Code of Student Conduct and your role in the �� disciplinary process.

Please note that legal professionals assisting students in Title IX or Non-Title IX sexual misconduct matters should refer to the Sexual Misconduct Protocol for Students that applies to those cases.

Please keep in mind that the university disciplinary system is very different from the civil or criminal judicial system. The university’s process is not adversarial; its purpose is to educate the student and contribute to the student's growth and development.

Students are expected to act as their own advocates throughout the disciplinary process. Some students may choose to hire an attorney, but the attorney’s role is limited to advising.

Advisors may be present during all proceedings, generally do not address hearing officers or boards members directly, speak at hearings, or question witnesses.

Students do not have a constitutional right to active legal representation in university disciplinary cases (see Hart v. Ferris State 557 F. Supp. 1379, 1386-88 (W.D. Mich, 1983).

I have been asked to represent a student accused of violating the Code of Student Conduct. How do I establish this with the University?

The student must provide written authorization for you to have access to information about the case or discuss the case with a staff member. Written authorization can be obtained through execution of a FERPA waiver for the case at issue. The Office of Community Standards will correspond at all times directly with the student, and not through any third party. You may receive copies of correspondence with the student’s authorization.

What is the university's standard of review?

The standard of review used to determine responsibility is a “preponderance” standard. This determination is based on the greater weight of the information and does not require proof beyond a reasonable doubt.

What is my role at your hearing?

The Code of Student Conduct permits attorneys to be present at all disciplinary meetings and hearings as an advisor. Advisors generally do not address hearing officers or boards members directly, speak at hearings, or question witnesses. You may advise your client, provided your interaction does not disrupt the process.

When will I receive discovery?

There is no formal discovery under the Code of Student Conduct. All parties are accorded reasonable access to the case file. If you and your client would like to review the case file, the student should call 513-529-1417 to make an appointment.

When will I have the opportunity to depose witnesses?

There are no depositions under the Code of Student Conduct. Neither party (or their representatives) should approach the other party's witnesses prior to the hearing. All questioning of witnesses by the board members takes place during the proceeding.

Can I get the hearing postponed?

The respondent or complainant may request a postponement of the hearing for reasonable cause. Any request for postponement must be made in writing, include the supporting rationale, and be received by the Office of Community Standards at least three university business days before the scheduled hearing. Examples of reasonable cause include: a death in the family, serious illness, academic conflict, or any other reason deemed appropriate by the Office of Community Standards.

My client is charged with a crime off campus. Can I get the proceedings delayed until the criminal matter is resolved?

The student may request a postponement, but pending criminal proceedings will not ordinarily serve as a basis to postpone a student disciplinary proceeding. The purpose of the university’s process is not to determine whether a student has violated the law; it is to determine whether a student violated the Code of Student Conduct.

What will happen if my client refuses to participate in the University’s disciplinary process?

The complainant and respondent are expected to participate in the hearing. If the respondent fails to appear for the hearing and the absence is not excused, the hearing may proceed in their absence. Alternatively, at the election of the Office of Community Standards, a registration hold may be placed on the respondent’s account until such time as the student conduct process is complete.

Is the hearing recorded? Can I get a transcript?

An audio recording is made of each University hearing. The student can request a copy of the recording, but the Office of Community Standards does not provide transcripts.

What are the student's rights of appeal?

The student can appeal the finding and/or the sanction. Appeals are decided on the basis of the record and written submissions. Appeals under the Code of Student Conduct may be submitted on the following grounds:

Inappropriate sanction.
A procedural error in the hearing of the case occurred that is found to be substantial enough to have changed the outcome of the hearing, including failure to objectively evaluate all relevant evidence or error(s) related to determination of relevance.
New information exists that was not reasonably available at the time the determination was made that is determined to be substantial enough to have changed the outcome of the hearing.

Front walkway to Warfield Hall with sign.

Office of Community Standards

9 Warfield Hall, 451 E. Spring St.
Oxford, OH 45056
Hours: Monday-Friday, 8 a.m. to 5 p.m.

CommunityStandards@��OH.edu 513-529-1417 513-529-1907 (fax)

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